BYRNE v. RYDER TRUCK RENTAL, INC.


292 A.D.2d 326 (2002)

741 N.Y.S.2d 18

JACK D. BYRNE by His Guardian, SHARON BYRNE, et al., Respondents, v. RYDER TRUCK RENTAL, INC., et al., Appellants.

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

Decided March 28, 2002.


In this action to recover for personal injuries allegedly sustained in a motor vehicle accident that took place in Saratoga County, the motion court correctly denied defendants' motion to change venue pursuant to CPLR 510 (3). Although defendants identified a prospective nonparty witness, they failed to make the requisite demonstration that the witness would be willing to give testimony material to the issues in the case and that the witness would be seriously inconvenienced...

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