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ROOT v. BROTMANN, ESQ.

41 A.D.3d 247 (2007)

836 N.Y.S.2d 874

MYRNA ROOT et al., Appellants, v. ANDREW K. BROTMANN, ESQ., Respondent.

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

Decided June 19, 2007.

Defendant's moving papers, seeking a change of venue pursuant to CPLR 510 (3), were deficient in virtually every relevant respect. Among other defects, the moving papers failed to set forth whether the named witnesses would be willing to testify, the nature and materiality of the witnesses' anticipated testimony, and the manner in which they would be inconvenienced by a trial in New York County (see Gissen v Boy Scouts of Am., 26 A.D.3d 289

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