Where venue has properly been designated by the plaintiff based on the residence of either party, a defendant seeking a change of venue under CPLR 510(3) must make a detailed evidentiary showing that the nonparty witnesses will, in fact, be inconvenienced absent such relief. The movant's affidavit must (1) contain the names, addresses, and occupations of witnesses expected to be called; (2) disclose the facts upon which the witnesses are expected to testify, in order that the court may determine whether the witnesses are material and necessary; (3) demonstrate that the witnesses are willing to testify; and (4) show that the witnesses would be inconvenienced absent the change in venue.
10 Two Trees Lane LLC v. Mahoney, NY Slip Op 01371 (1st Dep't March 9, 2021)
