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DeBOLT v. BARBOSA

280 A.D.2d 821 (2001)

720 N.Y.S.2d 283

MELISSA DeBOLT et al., Appellants, v. DAVID BARBOSA et al., Respondents, et al., Defendant.

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

Decided February 8, 2001.

Carpinello, J.

While CPLR 510 (2) authorizes a court, in its discretion, to grant a motion for a change of venue where "there is reason to believe that an impartial trial cannot be had in the proper county," it is essential that sufficient facts to support such belief appear in the motion papers before that discretion can be exercised (see, Noonan v Luther, 128 App Div 673; Althiser v Richmondville Creamery Co...

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