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ERSKINE v. BURKE SCAFFOLDING CORP.

202 A.D.2d 389 (1994)

608 N.Y.S.2d 519

Leo Erskine et al., Respondents, v. Burke Scaffolding Corp. et al., Appellants. (And a Third-Party Action.)

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

March 7, 1994

Ordered that the order is affirmed, with costs.

The defendants did not identify their witnesses who allegedly would be inconvenienced, their willingness to testify, and the nature of their anticipated testimony. Accordingly, they failed to satisfy their burden of establishing a basis for a change of venue pursuant to CPLR 510 (3) (see, Alexandre v Pepsi-Cola Bottling Co., 150 A.D.2d 742

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