DESIMINI v. FAGELMAN


186 A.D.2d 425 (1992)

Philip Desimini, as Administrator of The Estate of Frances Desimini, Deceased, Respondent, v. Mark Fagelman et al., Appellants, et al., Defendant

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

October 13, 1992


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 A.D.2d 271).

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