Fiallos v. New York University Hospital

I would affirm the granting of the motion to change venue.

*679The burden is on the defendant, as the movant, to establish that plaintiff improperly designated Bronx County as the venue for this action (see Garced v Clinton Arms Assoc., 58 AD3d 506, 509 [2009]). This burden may, under appropriate circumstances, be satisfied by submitting counsel’s sworn averment explaining why there are insufficient grounds for venue as laid (see Torres v Larsen, 195 AD2d 285, 286-287 [1993]). Although Torres concerned a CPLR 510 (3) motion to change venue due to the inconvenience of witnesses, its reasoning…