Henry v. Scoter

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We modify the order to grant defendant’s cross motion for a change of venue to Chautauqua County pursuant to CPLR 510 (3). "[T]he convenience of material witnesses and the ends of justice will be promoted by the change” (CPLR 510 [3]). Defendant established that all the relevant transactions occurred in Chautauqua County, the items in dispute were located in that county and material non-party witnesses resided in that county. The assertion, without medical affidavits, that…