Morrison v. Lawler

Order, Supreme Court, New York County (Milton Tingling, J.), entered on or about August 22, 2001, which, in an action for personal injury and wrongful death arising out of a car accident, denied defendants’ motion for a change of venue to Dutchess County, unanimously affirmed, without costs. Defendants’ claim that the State Troopers and emergency medical technicians who responded to the subject car accident on a highway in Dutchess County would be inconvenienced by having to testify in New York County is not adequately supported with a showing of the asserted inconvenience, or the nature and relevance of their anticipated testimony (see, Schoen v Chase Manhattan Automotive Fin. Corp., 274 AD2d 345; Heinemann v Grunfeld, 224 AD2d 204; Prado v Walsh-Atkinson Co., 212 AD2d 489). We have considered defendants’ other 371 arguments, including the asserted inconvenience of the decedent’s physician, and find them unavailing. Concur — Williams, J.P., Mazzarelli, Rosenberger, Wallach and Lerner, JJ.