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POULSEN v. LIGHTHOUSE ASSEMBLY AT HIGH FALLS

543 CA 09-02393.

72 A.D.3d 1594 (2010)

899 N.Y.S.2d 712

BRIAN POULSEN, Respondent, v. LIGHTHOUSE ASSEMBLY AT HIGH FALLS, Appellant.

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

Decided April 30, 2010.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: We conclude that Supreme Court properly denied defendant's motion for a change of venue of this action from Erie County to Monroe County. Defendant failed to meet its "burden of demonstrating that the convenience of material witnesses would be better served by the change" (Davis v Firman, 53 A.D.3d 1101, 1102 [2008...

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