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COLON v. SEARS ROEBUCK & CO., INC.

220 A.D.2d 280 (1995)

632 N.Y.S.2d 104

Rafael Colon et al., Respondents, v. Sears Roebuck and Co., Inc., et al., Appellants, et al., Defendants

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

October 12, 1995

The IAS Court properly concluded that appellants had failed to sustain their burden of showing entitlement to a discretionary change of venue pursuant to CPLR 510 (3) (see, Rosenthal v Bologna, 211 A.D.2d 436, 437). One of the police witnesses who had appeared on the scene after the infant plaintiff's accident declined to submit an affidavit which stated that she would be willing to testify on defendants' behalf. The other...

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