Opinion
October 11, 1988
Appeal from the Supreme Court, Nassau County (Burke, J.).
Ordered that the order is affirmed, with costs.
Absent a clear abuse of discretion, a determination to grant a change of venue pursuant to CPLR 510 (3) will not be disturbed on appeal (see, McDonald v Southampton Hosp., 133 A.D.2d 814; Resnick v Karmax Camp Corp., 112 A.D.2d 206, 207). In this case, excluding from consideration the parties and the defendant's employees, there is no preponderance of witnesses residing in either Nassau or Madison County (see, Resnick v Karmax Camp Corp., supra, at 207). Inasmuch as the cause of action arose in Madison County, we cannot say that the court abused its discretion in granting the defendant's motion (see, McDonald v Southampton Hosp., supra). Mangano, J.P., Bracken, Spatt and Harwood, JJ., concur.