BRIAN POULSEN PLAINTIFF RESPONDENT v. LIGHTHOUSE ASSEMBLY AT HIGH FALLS DEFENDANT APPELLANT (2010)

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

BRIAN POULSEN, PLAINTIFF-RESPONDENT, v. LIGHTHOUSE ASSEMBLY AT HIGH FALLS, DEFENDANT-APPELLANT.

CA 09-02393

Decided: April 30, 2010

PRESENT: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND PINE, JJ.

HISCOCK & BARCLAY, LLP, ROCHESTER (ROBERT M. SHADDOCK OF COUNSEL), FOR DEFENDANT-APPELLANT. CELLINO & BARNES, P.C., ROCHESTER (BRETT L. MANSKE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: We conclude that Supreme Court properly denied defendant's motion for a change of venue of this action from Erie County to Monroe County. Defendant failed to meet its “burden of demonstrating that the convenience of material witnesses would be better served by the change” (Davis v. Firman, 53 AD3d 1101, 1102 [internal quotation marks omitted]; see CPLR 510[3]; Rochester Drug Coop., Inc. v Marcott Pharmacy N. Corp., 15 AD3d 899).

Patricia L. Morgan

Clerk of the Court

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