Opinion
2011-12-30
Robin PUTNAM–CORDOVANO, Individually and as Administrator of the Estate of Zachary P. Nydahl, Deceased, Plaintiff–Respondent, v. CSX CORPORATION, CSX Transportation, Inc., Defendants–Appellants, et al., Defendants.
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.