*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1315
CA 11-01355
PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND SCONIERS, JJ. ROBIN PUTNAM-CORDOVANO, INDIVIDUALLY AND AS
ADMINISTRATOR OF THE ESTATE OF ZACHARY P.
NYDAHL, DECEASED, PLAINTIFF-RESPONDENT,
V MEMORANDUM AND ORDER CSX CORPORATION, CSX TRANSPORTATION, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.
ANSPACH MEEKS ELLENBERGER LLP, BUFFALO (ROBERT M. ANSPACH OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
CONNORS & VILARDO, LLP, BUFFALO (AMY C. MARTOCHE OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered February 1, 2011 in a wrongful death action. The order denied the motion of defendants CSX Corporation and CSX Transportation, Inc. for a change of venue.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: CSX Corporation and CSX Transportation, Inc. (collectively, defendants) contend on appeal that Supreme Court should have granted their motion for a change of venue from Niagara County to Chautauqua County. We reject that contention. “A motion for a change of venue is addressed to the sound discretion of the court and, absent an improvident exercise of discretion, the court’s determination will not be disturbed on appeal” ( County of Onondaga v Home Ins. Cos ., 265 AD2d 896, 896; see 1093 Group, LLC v Canale , 72 AD3d 1561, 1562-1563). In addition, general allegations of inconvenience or difficulty are insufficient to justify a change of venue ( see Mroz v Ace Auto Body & Towing , 307 AD2d 403). Based on the record before us, it cannot be said that the court improvidently exercised its discretion in denying defendants’ motion ( see 1093 Group, LLC , 72 AD3d at 1562-1563; Stratton v Dueppengiesser , 281 AD2d 991; see also CPLR 510 [3]). Entered: December 30, 2011 Frances E. Cafarell
Clerk of the Court