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Failure to Provide Addresses of Witnesses and the Nature of Their Testimony Justified the Denial of Defendants’ Motion to Change Venue

The Second Department determined defendants failed to meet their burden (imposed by CPLR 510 (3)) in support of their motion for a change of venue.  Although the defendants alleged the inconvenience of witnesses, they failed to provide the addresses of those witnesses and failed to described the nature of the witnesses’ testimony. “CPLR 510(3) provides that the court may, upon motion, change the place of the trial of an action where ‘the convenience of material witnesses and the ends of justice will be promoted by the change’ (CPLR 510[3]). The party seeking the change, which is discretionary in nature, must set forth: (1) the names, addresses, and occupations of material witnesses, (2) the facts to which those witnesses will testify at trial, (3) a showing that those witnesses are willing to testify, and (4) a showing that those witnesses will be inconvenienced if the venue of the action is not changed … . ” Fitzsimons v Brennan, 2015 NY Slip Op 03801, 2nd Dept 5-6-15

 

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