Shedrick v. Asplundh Tree Expert Co.

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered January 21, 2000, which denied defendants’ motion to change the venue of this action to Suffolk County, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the motion granted.

CPLR 510 (3) provides for a discretionary change of venue where “the convenience of material witnesses and the ends of justice will be promoted by the change.” (See, Boral v Clarkson Univ., 270 AD2d 776; O’Brien v Vassar Bros. Hosp., 207 AD2d 169.)

In the matter before us, it is undisputed that the…