Opinion
04-28-2016
Annabel VERED, etc., et al., Plaintiffs–Respondents, v. Maurice J. WITTENBERG, Defendant–Appellant.
Montfort, Healy, McGuire & Salley, Garden City (Donald S. Neumann, Jr. of counsel), for appellant. Sullivan Papain Block McGrath & Cannavo P.C., New York (Stephen C. Glasser of counsel), for respondents.
Montfort, Healy, McGuire & Salley, Garden City (Donald S. Neumann, Jr. of counsel), for appellant.
Sullivan Papain Block McGrath & Cannavo P.C., New York (Stephen C. Glasser of counsel), for respondents.
Opinion
Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered May 5, 2015, which, in an action arising out of a motor vehicle accident in Suffolk County, denied defendant's motion to change venue from New York County to Suffolk County, unanimously reversed, on the law and the facts, without costs, and the motion granted.
Supreme Court improvidently exercised its discretion in denying defendant's motion to change venue pursuant to CPLR 510(3). Defendant showed that nonparty material witnesses—including the police officer, detective, and paramedics who responded to the scene of the accident in Suffolk County—were willing to testify, but would be inconvenienced by having to travel to New York County (see Henry v. Central Hudson Gas & Elec. Corp., 57 A.D.3d 452, 872 N.Y.S.2d 4 [1st Dept.2008]; Hoogland v. Transport Expressway, Inc., 24 A.D.3d 191, 808 N.Y.S.2d 160 [1st Dept.2005]; Kennedy v. C.F. Galleria at White Plains, 2 A.D.3d 222, 223, 769 N.Y.S.2d 526 [1st Dept.2003] ). Moreover, most of the medical records and witnesses are located in Suffolk County (see Gentry v. Finnigan, 110 A.D.3d 568, 569, 973 N.Y.S.2d 560 [1st Dept.2013] ). In response to defendant's showing, plaintiffs have not shown that New York County, where they reside, is preferable to Suffolk County, where they own a home (see Cardona v. Aggressive Heating, 180 A.D.2d 572, 573, 580 N.Y.S.2d 285 [1st Dept.1992] ).
TOM, J.P., MAZZARELLI, FRIEDMAN, RICHTER, KAHN, JJ., concur.