Appellate Division of the Supreme Court of New York, 1983

Wilmorite, Inc. v. Lomini

Wilmorite, Inc. v. Lomini
Appellate Division of the Supreme Court of New York · Decided May 25, 1983
94 A.D.2d 953; 463 N.Y.S.2d 744; 1983 N.Y. App. Div. LEXIS 18430
Wilmorite, Inc. v. Lomini

Opinion of the Court

— Order unanimously affirmed, with costs. Memorandum: In this defamation action, defendant’s motion for a change of venue (CPLR 510, subd 3) was addressed to the discretion of Special Term. Absent a clear abuse, not here shown, the exercise of that discretion should not be disturbed (Hurlbut v Whalen, 58 AD2d 311). (Appeal from order of Supreme Court, Monroe County, Tillman, J. — change of venue.) Present — Dillon, P. J., Doerr, Boomer and Green, JJ.

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