Opinion
November 20, 2001.
Order, Supreme Court, New York County (Paula Omansky, J.), entered May 21, 2001, which denied defendant's motion pursuant to CPLR 510(3) for a change of venue to Monroe County, unanimously affirmed, without costs.
Scott A. Brody, for plaintiff-respondent.
Daniel P. Purcell, for defendant-appellant.
Before: Tom, J.P., Andrias, Lerner, Saxe, Buckley, JJ.
The motion was properly denied for failure to describe the substance and explain the materiality of the expected testimony of the only witness who defendant asserts would be inconvenienced by a trial in New York County (see, Pellegrino v. File, 283 A.D.2d 266; Moye v. H.L. Green, Inc., 159 A.D.2d 242). In addition, both plaintiff and her treating physician reside in New York County.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.