Goldberg v. Goldberg

In an action to recover damages for personal injuries, the defendant James W Krueger appeals from an order of the Supreme Court, Kings County (Balter, J.), dated November 26, 2008, *1283which denied his motion pursuant to CPLR 510 (3) to change the venue of the action from Kings County to Sullivan County.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the appellant’s motion pursuant to CPLR 510 (3) to change the venue of this action from Kings County to Sullivan County based on the convenience of material witnesses (see Frankel v…