Plaintiff, a resident of Suffolk County, allegedly fell on the premises of the Sunrise Mall in Nassau County. It is undisputed that New York County, the venue chosen by plaintiff was proper based on the residences of several of the defendants. Sunrise Mall moved to change venue to Nassau County pursuant to CPLR 510 (3), while conceding that there were no independent eyewitnesses whose convenience would be furthered by a change of venue.
It was urged by defendant that...
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