Majority
p. 953Wilmorite, Inc., Appellant, v Quirino Lomini, Individually and Doing Business as Main Florist, Respondent.
— 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.
Cases cited
- Hurlbut v. Whalen 58 AD2d 311 p. 953