Dashman v. Really Useful Theatre Co.

Appellate Division of the Supreme Court of New York

Dashman v. Really Useful Theatre Co.

167 A.D.2d 325, 562 N.Y.S.2d 75, 1990 N.Y. App. Div. LEXIS 14112

Appellate Division of the Supreme Court of the State of New York·Decided November 29, 1990·Published·Cited by 4 cases

Opinion

Order, Supreme Court, Bronx County (Anita Florio, J.), entered June 2, 1989, which denied the defendants’ motion to change venue from Bronx County to New York County, unanimously affirmed, with costs.

Plaintiff was allegedly injured when a portion of a theatrical stage on which he was standing collapsed. The plaintiff [326]*326and all the defendants, except for Hudson Scenic Studios, Inc. (Hudson), are residents of New York County, where the accident occurred. Nevertheless, venue was properly laid in Bronx County where the defendant Hudson had its principal place of business (CPLR 503 [a], [c]).

A motion to change venue based upon the convenience of material witnesses pursuant to CPLR 510 (3) must be supported by an affidavit that specifies the names and addresses of the witnesses, the essence of their expected testimony and the inconvenience that would be imposed if they were required to testify in the county of original venue (Coles v LaGuardia Med. Group, 161 AD2d 166; Weiss v Saks Fifth Ave., 157 AD2d 475; Rosa v Shavelson, 149 AD2d 371). The moving papers did not make the requisite showing. Concur— Kupferman, J. P., Carro, Kassal, Ellerin and Smith, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, Bronx County (Anita Florio, J.), entered June 2, 1989, which denied the defendants’ motion to change venue from Bronx County to New York County, unanimously affirmed, with costs.

Plaintiff was allegedly injured when a portion of a theatrical stage on which he was standing collapsed. The plaintiff [326]*326and all the defendants, except for Hudson Scenic Studios, Inc. (Hudson), are residents of New York County, where the accident occurred. Nevertheless, venue was properly laid in Bronx County where the defendant Hudson had its principal place of business (CPLR 503 [a], [c]).

A motion to change venue based upon the convenience of material witnesses pursuant to CPLR 510 (3) must be supported by an affidavit that specifies the names and addresses of the witnesses, the essence of their expected testimony and the inconvenience that would be imposed if they were required to testify in the county of original venue (Coles v LaGuardia Med. Group, 161 AD2d 166; Weiss v Saks Fifth Ave., 157 AD2d 475; Rosa v Shavelson, 149 AD2d 371). The moving papers did not make the requisite showing. Concur— Kupferman, J. P., Carro, Kassal, Ellerin and Smith, JJ.

Dashman v. Really Useful Theatre Co., 167 A.D.2d 325, 562 N.Y.S.2d 75, 1990 N.Y. App. Div. LEXIS 14112 (N.Y. Ct. App. 1990).

Pincite

167 A.D.2d 325 (Dashman v. Really Useful Theatre Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related