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Aviles v. CYO Whitestone Swimming Pool

Appellate Division of the Supreme Court of New York, Second Department
Dec 3, 1990
168 A.D.2d 405 (N.Y. App. Div. 1990)

Opinion

December 3, 1990

Appeal from the Supreme Court, Kings County (Hurowitz, J.).


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

Upon a motion for a change of venue pursuant to CPLR 510 (3) based upon convenience of the witnesses, the movant must establish the identity of the witnesses who allegedly will be inconvenienced, their willingness to testify, and the nature of their anticipated testimony. Absent such a showing, such a motion should be denied (see, Alexandre v. Pepsi-Cola Bottling Co., 150 A.D.2d 742; Ferrigno v. General Motors Corp., 134 A.D.2d 479; Greene v. Hillcrest Gen. Hosp., 130 A.D.2d 621; Brevetti v. Roth, 114 A.D.2d 877; Williamsburg Steel Prods. Co. v. Shelving-Manning, Inc., 90 A.D.2d 550). The defendants failed to satisfy this burden and, accordingly, the granting of the motion was improper. Mangano, P.J., Kunzeman, Kooper, Sullivan and Ritter, JJ., concur.


Summaries of

Aviles v. CYO Whitestone Swimming Pool

Appellate Division of the Supreme Court of New York, Second Department
Dec 3, 1990
168 A.D.2d 405 (N.Y. App. Div. 1990)
Case details for

Aviles v. CYO Whitestone Swimming Pool

Case Details

Full title:DANIEL AVILES, an Infant, by OLINDA AVILES, His Mother and Natural…

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

Date published: Dec 3, 1990

Citations

168 A.D.2d 405 (N.Y. App. Div. 1990)

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