Appellate Division of the Supreme Court of New York, 2005

Malcolm v. Iandoli

Malcolm v. Iandoli
Appellate Division of the Supreme Court of New York · Decided February 17, 2005
15 A.D.3d 278; 790 N.Y.S.2d 89; 2005 N.Y. App. Div. LEXIS 1678
Malcolm v. Iandoli

Opinion of the Court

Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered May 11, 2004, which, in an action for personal injuries, denied defendant’s motion pursuant to CELR 510 (3) to change venue from Bronx County, where plaintiff resides, to Westchester County, where the accident occurred, unanimously affirmed, without costs.

The motion was properly denied for failure to show the availability of the three witnesses named in defendant’s papers in support of the motion, the nature and materiality of their expected testimony and the manner in which they are inconvenienced by the Bronx County venue (see Cardona v Aggressive Heating, 180 AD2d 572, 572 [1992]; Argano v Scuderi, 6 AD3d *279211 [2004]). Concur — Buckley, EJ., Saxe, Friedman, Williams and Sweeny, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.