Henry v. Central Hudson Gas & Electric Corp.

The court exercised its discretion in a provident manner in granting the motion to change venue, where defendants made the requisite showing that retention of this action in Bronx County would inconvenience nonparty material witnesses (see Hoogland v Transport Expressway, Inc., 24 AD3d 191 [2005]). Defendants submitted, inter alia, the affidavits of a witness who came upon the accident scene while plaintiffs decedent may still have been alive, of the police officer and EMS worker who responded to the scene and prepared reports detailing their actions at the scene, and of the now-retired…