ROBIN PUTNAM CORDOVANO INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF ZACHARY NYDAHL DECEASED PLAINTIFF RESPONDENT v. CSX CORPORATION CSX TRANSPORTATION INC DEFENDANTS APPELLANTS ET AL DEFENDANTS (2011)

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

ROBIN PUTNAM–CORDOVANO, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF ZACHARY P. NYDAHL, DECEASED, PLAINTIFF–RESPONDENT, v. CSX CORPORATION, CSX TRANSPORTATION, INC., DEFENDANTS–APPELLANTS, ET AL., DEFENDANTS.

CA 11–01355

Decided: December 30, 2011

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND SCONIERS, JJ.

ANSPACH MEEKS ELLENBERGER LLP, BUFFALO (ROBERT M. ANSPACH OF COUNSEL), FOR DEFENDANTS–APPELLANTS. CONNORS & VILARDO, LLP, BUFFALO (AMY C. MARTOCHE OF COUNSEL), FOR PLAINTIFF–RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: CSX Corporation and CSX Transportation, Inc. (collectively, defendants) contend on appeal that Supreme Court should have granted their motion for a change of venue from Niagara County to Chautauqua County. We reject that contention. “A motion for a change of venue is addressed to the sound discretion of the court and, absent an improvident exercise of discretion, the court's determination will not be disturbed on appeal” (County of Onondaga v. Home Ins. Cos., 265 A.D.2d 896, 896; see 1093 Group, LLC v. Canale, 72 AD3d 1561, 1562–1563). In addition, general allegations of inconvenience or difficulty are insufficient to justify a change of venue (see Mroz v. Ace Auto Body & Towing, 307 A.D.2d 403). Based on the record before us, it cannot be said that the court improvidently exercised its discretion in denying defendants' motion (see 1093 Group, LLC, 72 AD3d at 1562–1563; Stratton v. Dueppengiesser, 281 A.D.2d 991; see also CPLR 510[3] ).

Frances E. Cafarell

Clerk of the Court

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