Opinion
September 28, 1979
Appeal from the Onondaga Supreme Court.
Present — Cardamone, J.P., Schnepp, Doerr, Witmer and Moule, JJ.
Order unanimously affirmed, without costs. Memorandum: In this action for money owed on account and upon alleged personal guarantees, Special Term denied defendants' motion for a discretionary change of venue pursuant to CPLR 510 (subd 3) and granted plaintiff's motion for a preference pursuant to CPLR 3403 (subd [a], par 3). Defendants did not submit an affidavit containing witnesses' names, addresses and occupations, a full and fair statement of their expected testimony and the basis of such expectations. Special Term did not abuse its discretion in denying their motion for change of venue pursuant to CPLR 510 (Hurlbut v. Whalen, 58 A.D.2d 311). Special Term abused its discretion in granting plaintiff's motion for a preference upon plaintiff's assertion that although it had not sought attachment it feared that the individual defendants would secrete assets in order to render worthless a possible judgment. A CPLR 3403 (subd [a], par 3) preference should only be granted where the circumstances are sufficiently unusual and extreme to justify the extraordinary privilege (see Dodumoff v. Lyons, 4 A.D.2d 626; 4 Weinstein-Korn-Miller, N Y Civ Prac, par 3403.10).