Opinion
November 14, 1989
Appeal from the Supreme Court, New York County (C. Beauchamp Ciparick, J.).
Defendant's motion, insofar as based upon impropriety of venue (CPLR 510), is untimely (CPLR 511 [a]). Since defendant has not met its burden of setting forth the identities of the witnesses as well as the subject matter of their testimony to justify a change of venue for the convenience of witnesses (see, Stavredes v United Skates, 87 A.D.2d 502; CPLR 510), it was not an abuse of discretion for the IAS court to have denied the motion.
Concur — Murphy, P.J., Sullivan, Wallach and Smith, JJ.