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PROC v. OBERLANDER

304 A.D.2d 545 (2003)

759 N.Y.S.2d 89

ZBIGNIEW PROC et al., Respondents, v. DAVID OBERLANDER, Appellant.

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

Decided April 7, 2003.

Ordered that the order is affirmed, with costs.

In support of his motion pursuant to CPLR 510 (3) to change the venue of the action from Kings County to Rockland County based upon the convenience of material witness and the ends of justice, the defendant supplied an affidavit which failed to disclose the address of the prospective witness and failed to disclose the facts to which that witness was expected to testify at trial (see Fernandes v Lawrence,

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