SCHOEN v. CHASE MANHATTAN AUTOMOTIVE FINANCE CORPORATION (2000)

Supreme Court, Appellate Division, First Department, New York.

Marlene SCHOEN, etc., Plaintiff-Appellant, v. CHASE MANHATTAN AUTOMOTIVE FINANCE CORPORATION, et al., Defendants-Respondents.

Decided: July 27, 2000

SULLIVAN, P.J., ROSENBERGER, WILLIAMS, WALLACH and FRIEDMAN, JJ.

James M. Lane, for Plaintiff-Appellant. Roy J. Karlin, for Defendants-Respondents.

Order, Supreme Court, New York County (Joan Madden, J.), entered March 25, 1999, which granted defendant Goldberg's cross-motion to transfer venue to Nassau County, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the cross-motion denied.

The vague and conclusory allegations offered in support of defendant Goldberg's cross-motion were insufficient to warrant a change of venue. We note in this regard that, among other deficiencies, defendant's submissions failed to identify a single non-party witness who has expressed any inconvenience in having to testify in New York County (compare, Lloyd v. National Propane Corp., 271 A.D.2d 202, 706 N.Y.S.2d 34). Nor did defendant indicate the home or work addresses of the various witnesses. Accordingly, Supreme Court erred in granting the cross-motion.

MEMORANDUM DECISION.

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