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TAYLOR v. MONTREIGN OPERATING CO., LLC

6470N. 153770/16.

161 A.D.3d 437 (2018)

73 N.Y.S.3d 886

2018 NY Slip Op 03222

Josh Taylor, Respondent, v. Montreign Operating Company, LLC, et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 3, 2018.

The motion court exercised its discretion in an improvident manner in light of defendants' demonstration that the convenience of material nonparty witnesses would be better served by the change (see Kennedy v C.F. Galleria at White Plains, 2 A.D.3d 222, 223 [1st Dept 2003]; cf. Cardona v Aggressive Heating, 180 A.D.2d 572 [1st Dept 1992]). Defendants submitted the affidavits of four first...

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