Hartigan v. Kurian

Feb 15, 1996
Versions:224 A.D.2d 299
638 N.Y.S.2d 33
1996 N.Y. App. Div. LEXIS 1086

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about June 27, 1995, which, inter alia, denied defendants Kurian and Palmer’s motion for a change of venue to Westchester County pursuant to CPLR 510 (3), unanimously affirmed, with costs.

A motion to change venue on the ground of the convenience of witnesses is addressed to the sound discretion of the trial court (see, Pittman v Maher, 202 AD2d 172, 176). The general statements of several nonparty post-operative treating physicians that it would be more convenient for them to testify in Westchester County, rather than Bronx County, are insufficient to warrant a change of venue (see, Clark v New Rochelle Hosp. Med. Ctr., 170 AD2d 271), especially in view of the long delay in making the motion. Concur — Sullivan, J. P., Milonas, Ellerin, Rubin and Kupferman, JJ.