Atlantic Mutual Insurance v. M.H. Kane Construction Corp.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered October 24, 2011, which granted defendants’ motion to change venue from New York County to Suffolk County pursuant to CPLR 510 (3), unanimously reversed, on the law, without costs, and the motion denied.

Defendants’ initial moving papers provided the names, addresses and occupations of four prospective nonparty witnesses in Suffolk County, but failed to make the requisite showing that those witnesses were actually contacted and were willing to testify, or to set forth the substance and materiality of their testimony…