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TAWIAH v. McNIFF

Index No. 22591/20E. Appeal No. 13625. Case No. 2020-04172.

193 A.D.3d 559 (2021)

142 N.Y.S.3d 360

2021 NY Slip Op 02374

Joseph Tawiah, Appellant, v. Edwin J. McNiff, Jr., et al., Respondents.

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

Decided April 20, 2021.

Attorney(s) appearing for the Case

The Law Office of Judah Z. Cohen, PLLC, Woodmere ( Judah Z. Cohen of counsel), for appellant.

Robert A. Peirce & Associates, White Plains ( Alessandra L. Cortina of counsel), for respondents.

Concur—Webber, J.P., Kern, Oing, González, JJ.

Supreme Court improvidently exercised its discretion in granting defendants' motion to change venue. Defendants failed to show the existence of material witnesses who would be inconvenienced and the substance of their testimony (see CPLR 510[3]; Argano v Scuderi, 6 A.D.3d 211, 212 [1st Dept 2004]). In fact, defendants did not identify any proposed nonparty witnesses and merely claimed, without any evidentiary support, that...

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