| Goldberg v Goldberg |
| 2009 NY Slip Op 06800 [65 AD3d 1282] |
| September 29, 2009 |
| Appellate Division, Second Department |
| Shimon C. Goldberg, Respondent, v Toby Goldberg,Respondent, and James W. Krueger, Appellant. |
—[*1] Walter C. Silverstein, P.C., Brooklyn, N.Y. (Mitchell Dranow of counsel), forplaintiff-respondent.
In an action to recover damages for personal injuries, the defendant James W. Kruegerappeals from an order of the Supreme Court, Kings County (Balter, J.), dated November 26,2008, which denied his motion pursuant to CPLR 510 (3) to change the venue of the action fromKings County to Sullivan County.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the appellant's motionpursuant to CPLR 510 (3) to change the venue of this action from Kings County to SullivanCounty based on the convenience of material witnesses (see Frankel v Stavsky, 40 AD3d 918, 919 [2007]; O'Brien vVassar Bros. Hosp., 207 AD2d 169, 172 [1995]). In support of his motion, the appellantfailed to sufficiently establish that the nonparty witnesses for whose convenience the change ofvenue was sought were willing to testify on his behalf and would be inconvenienced if venuewere not changed (see Walsh v MysticTank Lines Corp., 51 AD3d 908, 909 [2008]; Miszko v Leeds & Morelli, 269AD2d 372 [2000]; Cumberbatch v Gatehouse Motel & Rest., 265 AD2d 370 [1999];Rich v O'Connor, 212 AD2d 767 [1995]). Moreover, the appellant failed to specify thenature and materiality of their anticipated testimony (see Shindler v Warf, 24 AD3d 429, 430 [2005]; Giaimo v Hastings, 19 AD3d 365,366 [2005]; Weisemann v Davison, 162 AD2d 448 [1990]). Miller, J.P., Balkin,Leventhal and Hall, JJ., concur.