SCHLEGEL v. AETNA CASUALTY AND SURETY COMPANY


258 A.D.2d 576 (1999)

684 N.Y.S.2d 795

ROBERT G. SCHLEGEL et al., Respondents, v. AETNA CASUALTY AND SURETY COMPANY, Appellant.

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

Decided February 16, 1999.


Ordered that the order is affirmed, with costs.

The defendant failed to submit sworn statements from any of its proposed nonparty witnesses. Therefore, it failed to establish that the witnesses for whose convenience the change of venue was sought were in fact willing to testify, and how those witnesses would be inconvenienced in the event that a change of venue was not granted. The defendant accordingly did not meet the criteria needed to demonstrate its entitlement...

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