Desimini v. Fagelman

Appellate Division of the Supreme Court of New York

Desimini v. Fagelman

186 A.D.2d 425

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 13, 1992

StatusPublished

This text of 186 A.D.2d 425 (Desimini v. Fagelman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Desimini v. Fagelman, 186 A.D.2d 425 (N.Y. Ct. App. 1992).

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Opinion

— Orders, Supreme Court, Bronx County (Howard R. Silver, J.), entered on or about August 27, 1991 and January 8, 1992, which, insofar as appealed from, denied defendants-appellants’ motions to change venue from Bronx County to Rockland County, unanimously affirmed, with costs.

We agree with the IAS Court that defendants failed to establish that the convenience of non-party witnesses would be promoted by the proposed change of venue (CPLR 510 [3]), nor did defendants furnish any statement identifying the non-party witnesses expected to be called at trial and specifying the nature of their testimony (see, Clark v New Rochelle Hosp. Med. Ctr., 170 AD2d 271).

We have considered all other claims and find them to be without merit.

The unpublished decision and order of this Court entered herein on September 29, 1992 is hereby recalled and vacated. Concur — Carro, J. P., Kupferman, Ross and Asch, JJ.

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— Orders, Supreme Court, Bronx County (Howard R. Silver, J.), entered on or about August 27, 1991 and January 8, 1992, which, insofar as appealed from, denied defendants-appellants’ motions to change venue from Bronx County to Rockland County, unanimously affirmed, with costs.

We agree with the IAS Court that defendants failed to establish that the convenience of non-party witnesses would be promoted by the proposed change of venue (CPLR 510 [3]), nor did defendants furnish any statement identifying the non-party witnesses expected to be called at trial and specifying the nature of their testimony (see, Clark v New Rochelle Hosp. Med. Ctr., 170 AD2d 271).

We have considered all other claims and find them to be without merit.

The unpublished decision and order of this Court entered herein on September 29, 1992 is hereby recalled and vacated. Concur — Carro, J. P., Kupferman, Ross and Asch, JJ.

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186 A.D.2d 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/desimini-v-fagelman-nyappdiv-1992.

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