From Casetext: Smarter Legal Research

Pantoja v. Held

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1991
172 A.D.2d 599 (N.Y. App. Div. 1991)

Opinion

April 8, 1991

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


Ordered that the order is affirmed, with costs.

Upon a motion for a change of venue pursuant to CPLR 510 (3) based upon the convenience of 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 (see, Alexandre v. Pepsi-Cola Bottling Co., 150 A.D.2d 742, 743; Jansen v. Bernhang, 149 A.D.2d 468, 469; Greene v. Hillcrest Gen. Hosp., 130 A.D.2d 621). Apart from identifying two witnesses, the appellant complied with none of the other requirements, and so failed to satisfy his burden. Thompson, J.P., Kunzeman, Eiber and Rosenblatt, JJ., concur.


Summaries of

Pantoja v. Held

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1991
172 A.D.2d 599 (N.Y. App. Div. 1991)
Case details for

Pantoja v. Held

Case Details

Full title:MARISOL PANTOJA, by Her Mother and Natural Guardian, GREGORIA ORTIZ, et…

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

Date published: Apr 8, 1991

Citations

172 A.D.2d 599 (N.Y. App. Div. 1991)

Citing Cases

O'Brien v. Vassar Bros. Hosp

Second, a party seeking a change of venue for the convenience of witnesses is also required to disclose the…

Law Offices of Wexler Burkhart Hirschberg v. Bingaman

reater NY Conference of Seventh Day Adventist Church, supra; Culhane v Jensen, 179 AD2d 582; Levenstein v…