Opinion
July 28, 1997
Appeal from the Supreme Court, Kings County (Feinberg, J.).
Ordered that the order dated April 11, 1996, is affirmed insofar as appealed from; and it is further,
Ordered that the order dated July 26, 1996, is affirmed; and it is further,
Ordered that the plaintiff-respondent in Action No. 1, James Galyas, is awarded one bill of costs.
The Supreme Court properly directed the appellant Brooklyn Union Gas Company (hereinafter BUG) to disclose three internal reports concerning a fire at the subject premises. BUG failed to meet its burden of demonstrating that the reports were not prepared in the regular course of business but were prepared solely in anticipation of litigation (see, Vivitorian Corp. v. First Cent. Ins. Co., 203 A.D.2d 452; Crazytown Furniture v. Brooklyn Union Gas Co., 146 A.D.2d 402; CPLR 3101 [d][2];[g]; see also, Agovino v. Taco Bell 5083, 225 A.D.2d 569).
The Supreme Court did not improvidently exercise its discretion in denying BUG's motion for a change of venue from Kings County to Richmond County. Venue was properly designated in Kings County by the plaintiff (CPLR 503 [c]), and BUG failed to make the required detailed evidentiary showing that the convenience of nonparty witnesses would be served by a change of venue (see, CPLR 510; O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169; see also, Schneider v. Montalbano, 223 A.D.2d 586).
O'Brien, J. P., Joy, Goldstein and Luciano, JJ., concur.