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POYODI v. GO NEW YORK TOURS, INC.

Index No. 30450/19E. Appeal No. 13589N. Case No. 2020-04737.

193 A.D.3d 518 (2021)

141 N.Y.S.3d 843

2021 NY Slip Op 02260

Pitoh Poyodi, Respondent, v. Go New York Tours, Inc., et al., Appellants.

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

Decided April 13, 2021.

Attorney(s) appearing for the Case

Barton LLP, New York ( Maurice N. Ross of counsel), for appellants.

Law Offices of Brian J. Elbaum, New York ( Brian Elbaum of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Oing, Kennedy, JJ.

The motion court providently exercised its discretion in declining to change venue from Bronx County, where plaintiff resides (see CPLR 503[a]; O'Connor v Lawrence Hosp., 162 A.D.2d 288 [1st Dept 1990]). In support of their motion based on witness convenience, defendants failed to establish "the identity and availability of proposed [nonparty] witnesses, the nature and materiality of their anticipated testimony, [or] the manner...

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