Opinion
Submitted March 7, 2001.
March 26, 2001.
In an action to recover damages for personal injuries, etc., the defendant Mitchelltown Apts., Inc., appeals from so much of an order of the Supreme Court, Queens County (Posner, J.), dated June 6, 2000, as denied its motion to transfer venue of this action from Queens County to Nassau County pursuant to CPLR 510(3).
Cozen O'Connor, P.C., New York, N.Y. (Richard Fama of counsel), for appellant.
Apicella Schlesinger, New York, N.Y. (Alan C. Kestenbaum of counsel), for plaintiffs-respondents.
Before: LAWRENCE J. BRACKEN, P.J., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in denying the appellant's motion to change the venue of the action from Queens County to Nassau County based upon "the convenience of material witnesses and the ends of justice" (CPLR 510). The appellant failed to disclose the nature and materiality of the anticipated testimony of the proposed nonparty-witnesses (see, O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169, 172) and demonstrate that these witnesses would be inconvenienced if the venue were not changed (see, Cruz v. City of New York, 251 A.D.2d 364; Mallory v. Long Is. R. R., 245 A.D.2d 493; Murphy v. Long Is. R. R., 239 A.D.2d 472).