Alexandrev.Pepsi-Cola Bottling Co., Inc.

Appellate Division of the Supreme Court of New York, Second DepartmentMay 30, 1989
150 A.D.2d 742 (N.Y. App. Div. 1989)
150 A.D.2d 742542 N.Y.S.2d 21

May 30, 1989

Appeal from the Supreme Court, Kings County (Held, 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 (Greene v Hillcrest Gen. Hosp., 130 A.D.2d 621; Brevetti v Roth, 114 A.D.2d 877). The defendant failed to satisfy that burden and accordingly its motion was properly denied. Mollen, P.J., Bracken, Rubin, Sullivan and Rosenblatt, JJ., concur.