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GERSTEN v. LEMKE

1913N, 110651/07

68 A.D.3d 681 (2009)

2009 NY Slip Op 9725

890 N.Y.S.2d 828

BEN GERSTEN, Respondent, v. DENNIS M. LEMKE, Appellant, et al., Defendants.

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

Decided December 29, 2009.

Defendant's bare assertions of inconvenience fail to show the manner in which his proposed witnesses would be inconvenienced by having to travel between Nassau and New York Counties (see Schoen v Chase Manhattan Automotive Fin. Corp., 274 A.D.2d 345 [2000]; cf. Cardona v Aggressive Heating, 180 A.D.2d 572, 573 [1992]; Heinemann v Grunfeld, 224 A.D.2d 204

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