25/27 Corp. v. Mormile

In an action, inter alia, to recover damages for conversion, unjust enrichment, and breach of fiduciary duty, the defendants appeal from an order of the Supreme Court, Suffolk County (Molia, J.), dated October 31, 2006, which denied their motion pursuant to CPLR 510 (3) to change the venue of the action from Suffolk County to Richmond County.

Ordered that the order is affirmed, with costs.

The defendants’ motion pursuant to CPLR 510 (3) to change the venue of the action, which was based on the convenience of material witnesses, did not require that the defendants serve a demand to change venue…