Opinion
July 10, 1967
Order of the Supreme Court, Queens County, dated March 21, 1966, reversed, with $10 costs and disbursements, and defendant's motion to change the venue from Queens County to Sullivan County granted. This negligence cause arose in Sullivan County and in support of its motion, defendant specified eight witnesses, all residents of that county, giving their names and addresses as well as the substance of their proposed testimony. Plaintiff's affidavit was deficient since it did not state the names and addresses of his prospective witnesses ( Laduke v. Bond, 284 App. Div. 859) and did not make any statement of facts concerning the merits as to which his witnesses will testify ( Bernstein v. McKane, 3 A.D.2d 764). Beldock, P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.