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AVILES v. CYO WHITESTONE SWIMMING POOL

168 A.D.2d 405 (1990)

Daniel Aviles, an Infant, by Olinda Aviles, His Mother and Natural Guardian, et al., Appellants, v. Cyo Whitestone Swimming Pool et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 3, 1990

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

Upon a motion for a change of venue pursuant to CPLR 510 (3) based upon convenience of the witnesses, the movant must establish the identity of the witnesses who allegedly will be inconvenienced, their willingness to testify, and the nature of their anticipated testimony. Absent such a showing, such a motion should be denied (see

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