Opinion
Submitted October 16, 2001
November 5, 2001.
In an action, inter alia, to recover damages for conversion and breach of fiduciary duty, the defendants Rubin Schultz, Gary Schultz, and Jeanne Schultz appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Levine, J.), dated May 30, 2001, as denied that branch of their cross motion which was to change the venue of the action from Queens County to Rockland County.
Bernstein Jaffe, Brooklyn, N.Y. (Steven C. Bernstein of counsel), for appellant Rubin Schultz, and Gary Schultz, New York, N Y, appellant pro se and for appellant Jeanne Schultz (one brief filed).
Manton, Sweeney, Gallo, Reich Bolz, LLP, Rego Park, N Y (Michael H. Reich of counsel), for respondent.
Before: DAVID S. RITTER, J.P., LEO F. McGINITY, HOWARD MILLER, THOMAS A. ADAMS, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in denying that branch of the appellants' cross motion which was to change the venue of the action from Queens County to Rockland County (see, CPLR 510). The appellants failed to demonstrate a strong possibility that they could not obtain an impartial trial in Queens County (see, Warm v. State of New York, 265 A.D.2d 546; Jablonski v. Trost, 245 A.D.2d 338; Locker v. 670 Apts. Corp., 232 A.D.2d 176). The appellants' conclusory allegations were insufficient to meet their burden (see, Albanese v. West Nassau Mental Health Ctr., 208 A.D.2d 665; Krupka v. County of Westchester, 160 A.D.2d 681).
RITTER, J.P., McGINITY, H. MILLER and ADAMS, JJ., concur.