MALLORY v. LONG ISLAND RAIL RD.


245 A.D.2d 493 (1997)

666 N.Y.S.2d 34

Patricia Mallory, as Administrator of The Estate of Denise Dibene, Deceased, Respondent, v. Long Island Rail Road, Appellant

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

December 22, 1997


Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the defendant's motion to change the venue of the action from Queens County to Suffolk County based upon "the convenience of material witnesses" (CPLR 510 [3]). The defendant failed to "disclose the facts to which the proposed witnesses will testify at the trial, so that the court may judge whether the proposed evidence of the witnesses is necessary...

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