Opinion
February 14, 1991
Appeal from the Supreme Court, Bronx County (Jack Turret, J.).
The IAS court did not abuse its discretion in denying defendants' motion for a change of venue from Bronx County to Westchester County. (Paddock Constr. v Thomason Indus. Corp., 133 A.D.2d 20, 22.) Venue in the underlying wrongful death action was properly placed in Bronx County, where the Administratrix was appointed. (CPLR 503 [b]; McNamara v Penner, 123 N.Y.S.2d 576.)
Similarly, we find that the IAS Court did not abuse its discretion in determining that the defendants had failed to properly establish that a change of venue was warranted in the exercise of the Court's discretion for the convenience of material witnesses. (CPLR 510; Rosa v Shavelson, 149 A.D.2d 371.) Although, in general, a transitory action should be brought where the cause of action arose (Moghazeh v Valdes-Rodriguez, 151 A.D.2d 428), nevertheless, it is well settled that a motion for a change of venue under CPLR 510 (3) must be supported by a statement identifying the non-party witnesses expected to be called at trial, specifying the nature of their testimony and the manner in which they would be inconvenienced by having to testify in the county originally designated for trial, all of which movant failed to do. (Coles v LaGuardia Med. Group, 161 A.D.2d 166, 167.)
Concur — Sullivan, J.P., Carro, Wallach, Kupferman and Kassal, JJ.