Opinion
April 12, 1994
Appeal from the Supreme Court, Bronx County (Hansel McGee, J.).
A change of venue was properly denied insofar as sought on the ground that Bronx County is not a proper venue, no motion for such a change having been made within 15 days after service of the demands for such change (CPLR 511 [b]; see, Callanan Indus. v Sovereign Constr. Co., 44 A.D.2d 292, 294-295). Nor was it an abuse of discretion to deny a change of venue from Bronx County to either Westchester or Rockland County, where at least a portion of the alleged malpractice took place in the Bronx office of defendant Gonzalez, defendants failed to demonstrate that the testimony of the proposed witnesses who reside or work in Westchester and Rockland Counties would be necessary and material upon the trial of the action (see, Bell v Cusano, 197 A.D.2d 382), and defendants also failed to demonstrate that it would be genuinely inconvenient for such proposed witnesses to have to travel to the Bronx County courthouse (see, Kurnitz v New Rochelle Hosp. Med. Ctr., 166 A.D.2d 390).
Concur — Carro, J.P., Rosenberger, Wallach, Kupferman and Williams, JJ.