Opinion
November 24, 1986
Appeal from the Supreme Court, Kings County (Jones, J.).
Ordered that the appeal from the order dated April 17, 1984, is dismissed, as it was superseded by the order dated November 12, 1985; and it is further,
Ordered that the order dated November 12, 1985, is reversed insofar as appealed from, the order dated April 17, 1984, is vacated, and the motion for a change of venue from Kings County to Niagara County is granted; and it is further,
Ordered that the appellant is awarded one bill of costs.
Under the circumstances of this case, involving an incident which occurred in a Niagara County restaurant, the convenience of material witnesses and the ends of justice will be promoted by changing the venue of this action from Kings County to Niagara County (see, Olownia v Toussaint, 98 A.D.2d 716; Burch v Phillips, 88 A.D.2d 896; CPLR 510). Furthermore, in light of the fact that discovery has not been completed and the lack of any specific prejudice to the plaintiffs, we conclude that the appellant acted within a reasonable time after the commencement of the action in requesting the change of venue. Thompson, J.P., Niehoff, Weinstein and Spatt, JJ., concur.