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ALVAREZ v. D & K CONSTR., INC.

221 A.D.2d 224 (1995)

633 N.Y.S.2d 774

Manuel Alvarez, Appellant, v. D & K Construction, Inc., Respondent and Third-Party Plaintiff-Respondent. Volmar Construction, Inc., et al., Third-Party Defendants-Respondents

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

November 16, 1995

The original parties to this action all resided outside of New York State when it was commenced, therefore venue was properly placed in the county designated by the plaintiff, Bronx County (CPLR 503 [a]). It is well settled that upon a motion made pursuant to CPLR 510 (3), the movant bears the burden of demonstrating that the convenience of witnesses would be better served by the change (Cardona v Aggressive Heating,

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