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Dashman v. Really Useful Theatre Company

Appellate Division of the Supreme Court of New York, First Department
Nov 29, 1990
167 A.D.2d 325 (N.Y. App. Div. 1990)

Opinion

November 29, 1990

Appeal from the Supreme Court, Bronx County (Anita Florio, J.).


Plaintiff was allegedly injured when a portion of a theatrical stage on which he was standing collapsed. The plaintiff and all the defendants, except for Hudson Scenic Studios, Inc. (Hudson), are residents of New York County, where the accident occurred. Nevertheless, venue was properly laid in Bronx County where the defendant Hudson had its principal place of business (CPLR 503 [a], [c]).

A motion to change venue based upon the convenience of material witnesses pursuant to CPLR 510 (3) must be supported by an affidavit that specifies the names and addresses of the witnesses, the essence of their expected testimony and the inconvenience that would be imposed if they were required to testify in the county of original venue (Coles v. LaGuardia Med. Group, 161 A.D.2d 166; Weiss v. Saks Fifth Ave., 157 A.D.2d 475; Rosa v. Shavelson, 149 A.D.2d 371). The moving papers did not make the requisite showing.

Concur — Kupferman, J.P., Carro, Kassal, Ellerin and Smith, JJ.


Summaries of

Dashman v. Really Useful Theatre Company

Appellate Division of the Supreme Court of New York, First Department
Nov 29, 1990
167 A.D.2d 325 (N.Y. App. Div. 1990)
Case details for

Dashman v. Really Useful Theatre Company

Case Details

Full title:DANIEL DASHMAN, Respondent, v. REALLY USEFUL THEATRE COMPANY et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 29, 1990

Citations

167 A.D.2d 325 (N.Y. App. Div. 1990)
562 N.Y.S.2d 75

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