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MANZARI v. BURROWS

5896N, 104755/10.

89 A.D.3d 440 (2011)

931 N.Y.S.2d 864

2011 NY Slip Op 7712

ROBERT J. MANZARI et al., Respondents, v. JOHN R. BURROWS, Individually and Doing Business as THE STONE TAVERN FARM, et al., Appellants, et al., Defendants.

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

Decided November 1, 2011.

Defendants failed to sustain their burden of showing entitlement to a discretionary change of venue pursuant to CPLR 510 (3) (see Aretakis v Tarantino, 300 A.D.2d 160 [2002]). In particular, defendants failed to present "affidavits or other proofs" from material witnesses claiming that they would be inconvenienced by testifying in New York County (Herrera v R. Conley Inc.,

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