Opinion
2012-10-24
Joyce AMOROSO, respondent, v. STOP AND SHOP, appellant, et al., defendant.
Torino & Bernstein, P.C., Mineola, N.Y. (Bruce A. Torino of counsel), for appellant. Economou & Economou, P.C., Syosset, N.Y. (Ralph C. Caio of counsel), for respondent.
Torino & Bernstein, P.C., Mineola, N.Y. (Bruce A. Torino of counsel), for appellant. Economou & Economou, P.C., Syosset, N.Y. (Ralph C. Caio of counsel), for respondent.
In an action to recover damages for personal injuries, the defendant Stop and Shop appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Hart, J.), entered December 20, 2011, as denied that branch of its motion which was to change the venue of the action from Queens County to Nassau County.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The defendant Stop and Shop (hereinafter the moving defendant) failed to demonstrate that the venue of this action should *470be changed from Queens County to Nassau County. The moving defendant failed to substantiate its claim that, upon the discontinuance of this action against the defendant Hempstead Turnpike, LLC, none of the parties was a resident of Queens County, since it failed to submit any proof as to its own residence ( see generally CPLR 503 [a], [c]; cf. Messiha v. Staten Is. Univ. Hosp., 77 A.D.3d 894, 895, 909 N.Y.S.2d 394). Furthermore, the moving defendant failed to demonstrate that venue should be transferred to Nassau County based on the convenience of witnesses ( seeCPLR 510[3]; O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169, 622 N.Y.S.2d 284). Accordingly, the Supreme Court did not improvidently exercise its discretion in denying that branch of the moving defendant's motion which was to change the venue to Nassau County.