Legal Opinion
Manzari v. Burrows
Appellate Division of the Supreme Court of the State of New York
Decided November 1, 2011PublishedCited by 4 opinions
1Opinion of the Court
Defendants failed to sustain their burden of showing entitlement to a discretionary change of venue pursuant to CPLR 510 (3) (see Aretakis v Tarantino, 300 AD2d 160 [2002]). In particular, defendants failed to present “affidavits or other proofs” from material witnesses claiming that they would be inconvenienced by testifying in New York County (Herrera v R. Conley Inc., 52 AD3d 218, 219 [2008]). Even if such affidavits are not required, defense counsel’s assertion that the inconvenience was “obvious” and “manifest,” is insufficient to meet defendants’ burden (see Hernandez v Rodriguez, 5…
2Cases cited4 opinions
- Argano v. ScuderiAppellate Division of the Supreme Court of the State of New York · 2004
- Herrera v. R. Conley Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Aretakis v. TarantinoAppellate Division of the Supreme Court of the State of New York · 2002
- Hernandez v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by4 opinions
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- Marte v. LampertAppellate Division of the Supreme Court of the State of New York · 2023
- Prechtl v. Trane U.S., Inc.Appellate Division of the Supreme Court of the State of New York · 2023
- Prechtl v. Trane U.S., Inc.Appellate Division of the Supreme Court of the State of New York · 2023