Opinion
November 8, 1990
Appeal from the Supreme Court, Bronx County (Jack Turret, J.).
The motion for a change of venue was properly granted on the ground that the originally designated venue in Bronx County is improper inasmuch as neither party resides there. (CPLR 510.) While plaintiff seeks to retain venue in Bronx County on the basis of her own convenience and the convenience of a member of her immediate family as a liability witness, neither the convenience of parties nor that of members of their families may be considered. (Ithaca Peripherals v. Sequoia Pac. Sys. Corps., 141 A.D.2d 909, 910.) Similarly, venue in Bronx County cannot be based upon the convenience of treating physicians, since plaintiff did not show that those physicians reside in Bronx County, and since she did not set forth their expected testimony (Moye v. H.L. Green, Inc., 149 A.D.2d 242).
Concur — Kupferman, J.P., Sullivan, Carro, Milonas and Smith, JJ.