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Biolsi v. St. Charles Hospital

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1994
210 A.D.2d 448 (N.Y. App. Div. 1994)

Opinion

December 27, 1994

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


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Since the plaintiff resided in Kings County at the time that the present action was commenced, she properly designated Kings County as the place for trial in accordance with CPLR 503 (a). In support of their motions to change venue based upon convenience of material witnesses and the ends of justice pursuant to CPLR 510 (3), the defendants were required to supply the names, addresses, and occupations of the witnesses whose convenience they claim will be affected; indicate that the prospective witnesses have been contacted and are willing to testify on their behalf; and specify the substance of each witness's testimony, which must be necessary and material upon the trial of the action (see, Jansen v Bernhang, 149 A.D.2d 468, 469; Bolling v Metropolitan Suburban Bus Auth., 205 A.D.2d 724). Since the defendants failed to set forth the specific information required with regard to the potential witnesses, the court properly denied the defendants' motions to transfer venue from Kings County to Suffolk County. Thompson, J.P., Miller, O'Brien, Santucci and Joy, JJ., concur.


Summaries of

Biolsi v. St. Charles Hospital

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1994
210 A.D.2d 448 (N.Y. App. Div. 1994)
Case details for

Biolsi v. St. Charles Hospital

Case Details

Full title:DIAMANTE BIOLSI, Respondent, v. ST. CHARLES HOSPITAL et al., Appellants

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

Date published: Dec 27, 1994

Citations

210 A.D.2d 448 (N.Y. App. Div. 1994)
620 N.Y.S.2d 997

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