Morrison v. Lawler — 290 A.D.2d 370

Majority

p. 370

Carlos G. Morrison, Respondent, v James J. Lawler, Defendant, and Scott W. Tomik et al., Appellants.

[736 NYS2d 596]

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

p. 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.

Cases cited

Schoen v. Chase Manhattan Automotive Finance Corp. 274 AD2d 345 N.Y. App. Div. 2000-07-27 p. 370
Prado v. Walsh-Atkinson Co. 212 AD2d 489 N.Y. App. Div. 1995-02-28 p. 370