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Schneider v. Montalbano

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1996
223 A.D.2d 586 (N.Y. App. Div. 1996)

Opinion

January 16, 1996

Appeal from the Supreme Court, Queens County (Lonschein, J.).


Ordered that the order dated March 31, 1994, is reversed insofar as appealed from, on the law, with costs, the order dated October 18, 1993, is vacated, and the defendant's motion pursuant to CPLR 510 to transfer venue of the action from Queens County to Suffolk County is denied.

The defendant failed to submit sworn statements from any of his proposed nonparty witnesses. Therefore, he failed to establish that the witnesses for whose convenience the change of venue was sought were in fact willing to testify, and how those witnesses would in fact be inconvenienced in the event that a change of venue was not granted. The defendant accordingly failed to establish the criteria needed to demonstrate his entitlement to relief pursuant to CPLR 510 (3) ( see, O'Brien v Vassar Bros. Hosp., 207 A.D.2d 169). Bracken, J.P., O'Brien, Ritter, Friedmann and Goldstein, JJ., concur.


Summaries of

Schneider v. Montalbano

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1996
223 A.D.2d 586 (N.Y. App. Div. 1996)
Case details for

Schneider v. Montalbano

Case Details

Full title:CHARLES SCHNEIDER et al., Appellants, v. LEONARD MONTALBANO, Respondent

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

Date published: Jan 16, 1996

Citations

223 A.D.2d 586 (N.Y. App. Div. 1996)
636 N.Y.S.2d 413

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