Opinion
2002-11305
Submitted September 24, 2003.
October 27, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Schmidt, J.), dated November 14, 2002, which granted the defendants' motion to change the venue of the action from Queens County to Saratoga County.
Melvyn J. Solomon, P.C., New York, N.Y. (Matthew W. Solomon of counsel), for appellant.
Wilson, Elser, Moskowitz, Edelman Dicker, LLP, New York, N.Y. (Cynthia Holfester-Neugebauer and Meredith Drucker of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the defendants' motion is denied, and the Clerk of the Supreme Court, Saratoga County, is directed to deliver to the Clerk of the Supreme Court, Queens County, all papers filed in this action and certified copies of all minutes and entries ( see CPLR 511[d]).
The Supreme Court improvidently exercised its discretion in granting the defendant's motion to change venue pursuant to CPLR 510(3). The defendants failed to show that the convenience of nonparty-witnesses would be served by a change of venue ( see Cumberbatch v. Gatehouse Motel Rest., 265 A.D.2d 370; Roberto v. M.C. E.D. Beck, 254 A.D.2d 404; O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169, 172-173; Lundgren v. Lovejoy, Wasson, Lundgren Ashton, 82 A.D.2d 912).
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.