MARCUS v. JASON & BILL'S POOL SERV.

10594N. 652330/18.

178 A.D.3d 546 (2019)

111 N.Y.S.3d 857

2019 NY Slip Op 08974

Harvey Marcus, Appellant, v. Jason & Bill's Pool Service et al., Respondents.

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

Decided December 17, 2019.


Attorney(s) appearing for the Case

Hecht, Kleeger & Damashek, P.C., New York ( Jordan Hecht of counsel), for appellant.

Thomas Gibbons , Southampton, for respondents.

Concur—Gische, J.P., Mazzarelli, Singh, Moulton, JJ.


There exists no basis to disturb the motion court's decision to change venue to Suffolk County. The record shows that the pool that defendants were hired to perform work on is located in Suffolk County, and defendants submitted an affirmation of their counsel identifying a nonparty material witness who was allegedly present during some of the events in question and has indicated that although he was willing to testify about what he observed, he would be inconvenienced if...

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