Opinion
2001-06105
Submitted December 5, 2001.
January 14, 2002.
In an action to recover damages for personal injuries, etc., the defendants John Lawrence, Lazy River Campground, and Mountain Meadows Development Corporation appeal from an order of the Supreme Court, Kings County (Huttner, J.), dated May 16, 2001, which denied their motion pursuant to CPLR 510(3) to change the venue of the action from Kings County to Ulster County.
Boeggeman, George, Hodges Corde, P.C., White Plains, N.Y. (Leslie K. Arfine of counsel), for appellants.
Larkin, Axelrod, Trachte Tetenbaum, LLP, Newburgh, N.Y. (Michael Rabiet of counsel), for respondents.
Before: GABRIEL M. KRAUSMAN, J.P., DANIEL F. LUCIANO, THOMAS A. ADAMS, A. GAIL PRUDENTI, JJ.
ORDERED that the order is affirmed, with costs.
In support of their motion pursuant to CPLR 510(3) to change the venue of the action from Kings County to Ulster County, the defendants failed to disclose the addresses of all but one of the prospective witnesses, disclose the facts to which those witnesses were expected to testify at trial, establish they were willing to testify, and establish they would be inconvenienced if a change of venue was not granted (see, Blumberg v. Salem Truck Leasing, 276 A.D.2d 577; Miszko v. Leeds Morelli, 269 A.D.2d 372). Therefore, the defendants failed to demonstrate their entitlement to a change of venue (see, O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169).
KRAUSMAN, J.P., LUCIANO, ADAMS and PRUDENTI, JJ., concur.