Stratton v. Dueppengiesser

Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in denying plaintiffs’ motion pursuant to CPLR 510 (3) seeking to change venue from Wyoming County to Erie County. Plaintiffs failed to establish that the convenience of material witnesses and the ends of justice would be promoted by the change (see, CPLR 510 [3]). ‘While calendar congestion is certainly a factor to be considered in deciding a motion to change venue pursuant to CPLR 510 (subd 3) * * * it is not controlling” (A.M.I. Intl. v Pool Sales & Serv., 94 AD2d 890). In any event, the…