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T.D.M. v. PIPALA

223 A.D.2d 419 (1996)

637 N.Y.S.2d 8

T.D.M., Respondent, v. Edward A. Pipala et al., Appellants

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

January 18, 1996

The IAS Court properly exercised its discretion in denying the motion pursuant to CPLR 510 (3) for a change of venue of the action from New York County to Orange County based upon defendants' claim of convenience of witnesses and the ends of justice. Upon a motion made pursuant to CPLR 510 (3), the movant bears the burden of demonstrating that the convenience of material witnesses would be better served by the change of venue (Cardona v Aggressive Heating, ...

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