Opinion
1166N
May 23, 2002.
Order, Supreme Court, New York County (Milton Tingling, J.), entered November 23, 2001, which, in an action for personal injuries sustained in a Rockland County car accident, denied defendants' motion pursuant to CPLR 510(3) to change venue from New York County to Rockland County, unanimously affirmed, without costs.
HERMAN SCHMERTZ, for Plaintiffs-respondents,
MARSHALL D. SWEETBAUM, for Defendants-appellants.
Williams, P.J., Saxe, Buckley, Rosenberger, Lerner, JJ.
The motion was properly denied for failure to show the nature and materiality of the anticipated testimony of the investigating police officer whose convenience defendants promote (see, Morrison v. Lawlor, 290 A.D.2d 370; Blake v. University of Rochester, 288 A.D.2d 118).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.