Practice point: The granting of the motion is discretionary, and the movant must set forth (1) the names, addresses, and occupations of material witnesses; (2) the facts to which those witnesses will testify at trial; (3) a showing that those witnesses are willing to testify; and (4) a showing that those witnesses will be inconvenienced if the venue of the action is not changed.
Student note: Pursuant to CPLR 510(3), the court may, upon motion, change the place
of the trial of an action where "the convenience of material witnesses
and the ends of justice will be promoted by the change"
Case: Fitzsimons v. Brennan, NY Slip Op 03801 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: A motion for judgment as a matter of law.
