| M.I. v Trinity-Pawling Sch. |
| 2015 NY Slip Op 00852 [125 AD3d 615] |
| February 4, 2015 |
| Appellate Division, Second Department |
[*1]
| M.I. et al., Respondents, v Trinity-PawlingSchool et al., Appellants. |
Biedermann Hoenig Semprevivo, New York, N.Y. (Ross E. Pitcoff and Elaine N.Chou of counsel), for appellants.
Franzetti Law Offices, P.C., New York, N.Y. (James J. Franzetti of counsel), forrespondents.
In an action to recover damages for personal injuries, etc., the defendants appealfrom an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), dated May 6, 2014,which denied their motion for a change of venue from Suffolk County to DutchessCounty.
Ordered that the order is affirmed, with costs.
Upon a motion by a party, a trial court may transfer venue where "the convenience ofmaterial witnesses and the ends of justice will be promoted by the change" (CPLR 510[3]). Motions to transfer venue under CPLR 510 (3) are addressed to the sound discretionof the court, and absent an improvident exercise of discretion, the order will not bedisturbed on appeal (see Morris v Halik, 172 AD2d 502 [1991]).
"The party moving for a change of venue pursuant to CPLR 510 (3) has the burdenof demonstrating that the convenience of material witnesses would be better served bythe change" (Rochester DrugCoop., Inc. v Marcott Pharmacy N. Corp., 15 AD3d 899, 899 [2005]; see Walsh v Mystic Tank LinesCorp., 51 AD3d 908, 909 [2008]). In doing so, the moving party must set forth:(1) the names, addresses, and occupations of material witnesses, (2) the facts to whichthese witnesses will testify at trial, (3) a showing that those witnesses are willing totestify, and (4) a showing that those witnesses would be inconvenienced if the venue ofthe action was not changed (seeLafferty v Eklecco, LLC, 34 AD3d 754, 755 [2006]; O'Brien v Vassar Bros.Hosp., 207 AD2d 169, 172-173 [1995]). As the movants, the defendants failed tomeet their burden. Accordingly, the Supreme Court providently exercised its discretion indenying the defendants' motion for a change of venue from Suffolk County to DutchessCounty. Skelos, J.P., Sgroi, Maltese and Duffy, JJ., concur.