Opinion
617N
March 27, 2003.
Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered on or about November 26, 2002, which, in an action for personal injuries allegedly caused by defendant's defective product at plaintiff's place of employment in Orange County, insofar as appealed from, granted defendant's motion to change venue from Bronx County to Orange County, unanimously affirmed, without costs.
Steven C. Falkoff, for Plaintiff-Appellant.
George Friedman, for Defendant-Respondent.
Before: Tom, J.P., Mazzarelli, Sullivan, Williams, Gonzalez, JJ.
The affidavits of plaintiff's investigator are competent and sufficient to show that the requested change of venue to Orange County would promote the convenience of material witnesses (see Torres v. Larsen, 195 A.D.2d 285), including that of the witness who resides in nearby Ulster County (see Smilow v. General Motors Corp., 168 A.D.2d 237). The motion court properly subordinated the convenience of plaintiff's Bronx County treating physician to the nonparty liability witnesses identified by defendant's investigator (see Esser v. Ciarmella, 203 A.D.2d 159).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.