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Burns v. J L Tank Repair, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1999
262 A.D.2d 110 (N.Y. App. Div. 1999)

Opinion

June 10, 1999.

Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).


The change of venue from the Bronx, where defendant resides, to Westchester, where plaintiff resides, was properly denied absent a showing as to how the two witnesses identified by defendant who are not its employees, namely, the owner and a managerial employee of the Westchester County company plaintiff works for, would be inconvenienced by having to travel to Bronx County from their Westchester County residences; indeed, there was no showing that these witnesses were contacted and are willing to testify ( see, Cardona v. Aggressive Heating, 180 A.D.2d 572; Chimarios v. Duhl, 152 A.D.2d 508).

Concur — Sullivan, J.P., Williams, Wallach, Lerner and Friedman, JJ.


Summaries of

Burns v. J L Tank Repair, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1999
262 A.D.2d 110 (N.Y. App. Div. 1999)
Case details for

Burns v. J L Tank Repair, Inc.

Case Details

Full title:EDWARD BURNS, Respondent, v. J L TANK REPAIR, INC., Appellant

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

Date published: Jun 10, 1999

Citations

262 A.D.2d 110 (N.Y. App. Div. 1999)
690 N.Y.S.2d 442