Opinion
January 6, 1994
Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).
Plaintiffs have made a sufficient showing that Tokos Clinical Services Corporation, sued herein as The Tocos Corp., is a New York County resident, and that venue was therefore properly placed in New York County. The slight discrepancy in names is nonprejudicial and should be disregarded (CPLR 2001; see, Della Vecchia v. Daniello, 192 A.D.2d 415). Nor was it an abuse of discretion to deny the change of venue on the ground of convenience of material witnesses. Although Rockland County is where the cause of action ensued and most of the parties reside, it does not appear that any witnesses, other than parties and their employees, whose convenience is immaterial (see, Coles v. LaGuardia Med. Group, 161 A.D.2d 166, 167), have indicated in any manner that they would be inconvenienced by a trial in New York County. To establish inconvenience of witnesses it is necessary at least to contact them (see, Cardona v Aggressive Heating, 180 A.D.2d 572). Moreover, none of defendants' witnesses, other than parties and their employees, appear to be liability witnesses (see, Brunner v. Joubert, 118 A.D.2d 424, 425-426), and plaintiffs have stated their intention to call their own "damages" witnesses, who, presumably, are located in New York County and would be equally inconvenienced by trial in Rockland (see, Young Hee Kim v. Flushing Hosp. Med. Ctr., 138 A.D.2d 252, 253).
Concur — Murphy, P.J., Kupferman, Asch and Nardelli, JJ.