Manzari v. Burrows
Cases that cite this one
4 later published cases cite this decision.
- Marte v. Lampert (Appellate Division of the Supreme Court of New York 2023)
- Marte v. Lampert (Appellate Division of the Supreme Court of New York 2023)
- Prechtl v. Trane U.S., Inc. (Appellate Division of the Supreme Court of New York 2023)
- Prechtl v. Trane U.S., Inc. (Appellate Division of the Supreme Court of New York 2023)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Defendants failed to sustain their burden of showing entitlement to a discretionary change of venue pursuant to CPLR 510 (3) (see Aretakis v Tarantino, 300 AD2d 160 [2002]). In particular, defendants failed to present “affidavits or other proofs” from material witnesses claiming that they would be inconvenienced by testifying in New York County (Herrera v R. Conley Inc., 52 AD3d 218, 219 [2008]). Even if such affidavits are not required, defense counsel’s assertion that the inconvenience was “obvious” and “manifest,” is insufficient to meet defendants’ burden (see Hernandez v Rodriguez, 5 AD3d 269, 270 [2004]). In addition, defendants failed to show that the testimony of the purportedly inconvenienced nonparty witnesses was material and necessary (Argano v Scuderi, 6 AD3d 211, 212 [2004]). Concur — Friedman, J.P., Catterson, Moskowitz, Freedman and Abdus-Salaam, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.