Practice point: The Appellate Division reversed, and denied the motion, as defendant failed to establish entitlement to a change of venue pursuant to CPLR 510(3). Defendant failed to contact purported material witnesses to determine if they were willing to testify, the substance of their testimony, or the manner in which they will be inconvenienced if they must testify in New York County. Instead, the motion is based solely on counsel's conclusory affirmation.
Student note: Defendant's assertion that his insufficient showing resulted from plaintiff's failure to provide defendant with HIPAA and school authorizations permitting him to contact these witnesses is unsupported by any documentation, and defendant did not explain why he did not seek to compel such discovery prior to making the motion.
Case: Vilches v. Guadagno, NY Slip Op 00977 (1st Dept. 2015)
Here is the decision.
Tuesday's issue: CPLR 3121 and a demand for a further independent medical examination.
