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Berk v. Linnehan

Appellate Division of the Supreme Court of New York, First Department
Jun 9, 2011
85 A.D.3d 475 (N.Y. App. Div. 2011)

Opinion

No. 5316N.

June 9, 2011.

Order, Supreme Court, New York County (Richard F. Braun, J.), entered December 29, 2010, which, inter alia, in this action for personal injuries, denied defendants' motion to change venue from New York County to Suffolk County, unanimously affirmed, without costs.

Cascone Kluepfel, LLP, Garden City (Kimberly von Arx of counsel), for appellants.

Shapiro Law Offices, PLLC, Bronx (Ernest S. Buonocore of counsel), for respondent.

Before: Concur — Gonzalez, P.J., Tom, Friedman, Catterson and Richter, JJ.


The court properly denied defendants' motion for a change of venue to Suffolk County. Defendants failed to make the requisite showing that their allegedly inconvenienced nonparty witnesses were actually contacted and were willing to testify ( see Gissen v Boy Scouts of Am., 26 AD3d 289; Gluck v Pond House Farm, 271 AD2d 334; CPLR 510). Defendants also failed to set forth the substance and materiality of the testimony of at least two of the three witnesses.


Summaries of

Berk v. Linnehan

Appellate Division of the Supreme Court of New York, First Department
Jun 9, 2011
85 A.D.3d 475 (N.Y. App. Div. 2011)
Case details for

Berk v. Linnehan

Case Details

Full title:ROBERT BERK, Respondent, v. PAUL J. LINNEHAN et al., Appellants

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 9, 2011

Citations

85 A.D.3d 475 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 4820
924 N.Y.S.2d 785

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