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Walsh v. J.W. Mays, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 3, 1990
168 A.D.2d 444 (N.Y. App. Div. 1990)

Opinion

December 3, 1990

Appeal from the Supreme Court, Kings County (Shaw, J.).


Ordered that the order is affirmed, with costs.

A motion to change venue for the convenience of the witnesses must be supported by a statement setting forth the names of the witnesses involved, that they have agreed to testify and what their testimony might be. Absent such a showing, the motion should be denied (see, Alexandre v. Pepsi-Cola Bottling Co., 150 A.D.2d 742; Ferrigno v. General Motors Corp., 134 A.D.2d 479; Greene v. Hillcrest Gen. Hosp., 130 A.D.2d 621). The appellant has not satisfied this burden and, accordingly, denial of the motion was proper. We further note that it has failed to explain its inordinately long, six-year delay in making the motion for this change of venue and find that, under the circumstances, the motion was not made "within a reasonable time," as required by CPLR 511 (a). Mangano, P.J., Kunzeman, Kooper, Sullivan and Ritter, JJ., concur.


Summaries of

Walsh v. J.W. Mays, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 3, 1990
168 A.D.2d 444 (N.Y. App. Div. 1990)
Case details for

Walsh v. J.W. Mays, Inc.

Case Details

Full title:ANNETTE WALSH, Individually and as Administratrix of the Estate of BRIDGET…

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

Date published: Dec 3, 1990

Citations

168 A.D.2d 444 (N.Y. App. Div. 1990)
562 N.Y.S.2d 564

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