Opinion
2011-12-30
Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered February 1, 2011 in a wrongful death action. The order denied the motion of defendants CSX Corporation and CSX Transportation, Inc. for a change of venue.Anspach Meeks Ellenberger LLP, Buffalo (Robert M. Anspach of Counsel), for defendants–appellants. Connors & Vilardo, LLP, Buffalo (Amy C. Martoche of Counsel), for plaintiff–respondent.
Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered February 1, 2011 in a wrongful death action. The order denied the motion of defendants CSX Corporation and CSX Transportation, Inc. for a change of venue.Anspach Meeks Ellenberger LLP, Buffalo (Robert M. Anspach of Counsel), for defendants–appellants. Connors & Vilardo, LLP, Buffalo (Amy C. Martoche of Counsel), for plaintiff–respondent.
MEMORANDUM:
CSX Corporation and CSX Transportation, Inc. (collectively, defendants) contend on appeal that Supreme Court should have granted their motion for a change of venue from Niagara County to Chautauqua County. We reject that contention. “A motion for a change of venue is addressed to the sound discretion of the court and, absent an improvident exercise of discretion, the court's determination will not be disturbed on appeal” ( County of Onondaga v. Home Ins. Cos., 265 A.D.2d 896, 896, 695 N.Y.S.2d 798; see 1093 Group, LLC v. Canale, 72 A.D.3d 1561, 1562–1563, 900 N.Y.S.2d 561). In addition, general allegations of inconvenience or difficulty are insufficient to justify a change of venue ( see Mroz v. Ace Auto Body & Towing, 307 A.D.2d 403, 761 N.Y.S.2d 549). Based on the record before us, it cannot be said that the court improvidently exercised its discretion in denying defendants ' motion ( see 1093 Group, LLC, 72 A.D.3d at 1562–1563, 900 N.Y.S.2d 561; Stratton v. Dueppengiesser, 281 A.D.2d 991, 722 N.Y.S.2d 677; see also CPLR 510[3] ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.