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Miszko v. Leeds Morelli

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 2000
269 A.D.2d 372 (N.Y. App. Div. 2000)

Opinion

Submitted December 22, 1999

February 10, 2000

In an action to recover damages for breach of contract, conversion, and legal malpractice, the plaintiff appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated December 18, 1998, which granted the defendants' motion pursuant to CPLR 510(3) and CPLR 511 to transfer the venue of this action from Ulster County to Nassau County.

Thomas P. Halley, Poughkeepsie, N.Y., for appellant.

Morgan, Melhuish, Monaghan, Arvidson, Abrutyn Lisowski, New York, N.Y. (Erin A. O'Leary of counsel), for respondents.

GUY JAMES MANGANO, P.J., DAVID S. RITTER, DANIEL W. JOY, LEO F. McGINITY.


DECISION ORDER


ORDERED that the order is reversed, as a matter of discretion, with costs, and the motion is denied, and it is further,

ORDERED that the Clerk of the Supreme Court, Nassau County, is directed to transfer the file of the action to the Clerk of the Supreme Court, Ulster County.

In support of their motion to transfer venue, the defendants failed to disclose the addresses of the prospective witnesses, disclose the facts to which they were expected to testify at trial, or establish that they would be inconvenienced in the event that a change of venue were not granted (see, Cumberbatch v. Gatehouse Hotel Rest., 265 A.D.2d 370 [2d Dept., Oct. 12, 1999];O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169 ). In addition, the defendants have not offered a valid reason for their failure to submit sworn statements from their proposed witnesses (see,Schneider v. Montalbano, 223 A.D.2d 586 ).

Therefore, the Supreme Court improvidently exercised its discretion in granting the defendants' motion to transfer venue to Nassau County.


Summaries of

Miszko v. Leeds Morelli

Appellate Division of the Supreme Court of New York, Second Department
Feb 10, 2000
269 A.D.2d 372 (N.Y. App. Div. 2000)
Case details for

Miszko v. Leeds Morelli

Case Details

Full title:MICHAEL MISZKO, JR., appellant, v. LEEDS MORELLI, et al., respondents

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

Date published: Feb 10, 2000

Citations

269 A.D.2d 372 (N.Y. App. Div. 2000)
702 N.Y.S.2d 867

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