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GIAIMO v. HASTINGS

19 A.D.3d 365 (2005)

795 N.Y.S.2d 909

JOSEPH O. GIAIMO, Respondent, v. BARRY K. HASTINGS, Appellant.

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

June 6, 2005.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court providently exercised its discretion in denying the defendant's motion to transfer venue to Franklin County on the basis that the convenience of material witnesses and the ends of justice would be promoted (see CPLR 510 [3]). The defendant failed to "specify the substance of each witness's testimony, which must be necessary and material...

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