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Simeti v. Smithtown Fairfield Condo., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 513 (N.Y. App. Div. 1991)

Opinion

April 1, 1991

Appeal from the Supreme Court, Queens County (Durante, J.).


Ordered that the order is affirmed, with costs.

Upon a motion pursuant to CPLR 510 (3) for a change of venue based upon the convenience of witnesses, the movant must establish the identity of the witnesses who allegedly will be inconvenienced, their willingness to testify, and the nature of their anticipated testimony (see, Alexandre v. Pepsi-Cola Bottling Co., 150 A.D.2d 742, 743; Jansen v. Bernhang, 149 A.D.2d 468, 469; Greene v. Hillcrest Gen. Hosp., 130 A.D.2d 621). We note that aside from the appellants, only one other defendant, LM Specialty, Inc., joined in the application, leaving two remaining defendants who did not. There was no explanation by the movants for the failure of those defendants to do so (see, Ferrigno v General Motors Corp., 134 A.D.2d 479, 481). The movants failed to satisfy the foregoing requirements, and their motion was properly denied. Thompson, J.P., Kunzeman, Eiber and Rosenblatt, JJ., concur.


Summaries of

Simeti v. Smithtown Fairfield Condo., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 513 (N.Y. App. Div. 1991)
Case details for

Simeti v. Smithtown Fairfield Condo., Inc.

Case Details

Full title:ANN SIMETI et al., Respondents, v. SMITHTOWN FAIRFIELD CONDOMINIUM, INC.…

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

Date published: Apr 1, 1991

Citations

172 A.D.2d 513 (N.Y. App. Div. 1991)
567 N.Y.S.2d 860

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