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BERK v. LINNEHAN

5316N, 102767/10.

85 A.D.3d 475 (2011)

924 N.Y.S.2d 785

2011 NY Slip Op 4820

ROBERT BERK, Respondent, v. PAUL J. LINNEHAN et al., Appellants.

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

Decided June 9, 2011.

The court properly denied defendants' motion for a change of venue to Suffolk County. Defendants failed to make the requisite showing that their allegedly inconvenienced nonparty witnesses were actually contacted and were willing to testify (see Gissen v Boy Scouts of Am., 26 A.D.3d 289 [2006]; Gluck v Pond House Farm, 271 A.D.2d 334 [2000]; CPLR 510 [3]). Defendants also failed to set forth...

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