Opinion
February 16, 1999
Appeal from the Supreme Court, Dutchess County (Jiudice, J.).
Ordered that the order is affirmed, with costs.
The defendant failed to submit sworn statements from any of its proposed nonparty witnesses. Therefore, it failed to establish that the witnesses for whose convenience the change of venue was sought were in fact willing to testify, and how those witnesses would be inconvenienced in the event that a change of venue was not granted. The defendant accordingly did not meet the criteria needed to demonstrate its entitlement to relief pursuant to CPLR 510 (3) (see, Schneider v. Montalbano, 223 A.D.2d 586; O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169).
Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.