Connor v. Rami I, Inc.

234 A.D.2d 58, 650 N.Y.S.2d 559, 1996 N.Y. App. Div. LEXIS 12313

Opinion

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered January 23, 1996, which denied third-party defendant’s motion for a change of venue to Westchester County, unanimously affirmed, without costs.

Appellants concede that New York County is a proper venue. The motion therefore was addressed to the sound discretion of the IAS Court, and there was no improvident exercise of such discretion (Hartigan v Kurian, 224 AD2d 299). There was an insufficient showing that nonparty material witnesses would be inconvenienced by trial of this action in New York County (see, Heinemann v Grunfeld, 224 AD2d 204; Klugman v Food Emporium, 226 AD2d 321). We have considered appellants’ remaining arguments and find them to be without merit. Concur—Ellerin, J. P., Wallach, Kupferman, Nardelli and Tom, JJ.