DWYER v. NOBODY BEATS THE WIZ INC (2005)

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

Linda DWYER, appellant, v. NOBODY BEATS THE WIZ, INC., et al., respondents.

Decided: November 07, 2005

THOMAS A. ADAMS, J.P., DAVID S. RITTER, GLORIA GOLDSTEIN, PETER B. SKELOS, and MARK C. DILLON, JJ.

Finkelstein & Partners, LLP, Newburgh, N.Y. (Terry D. Horner of counsel), for appellant. Morrison Mahoney, LLP, New York, N.Y. (Anna Aroniadis of counsel), for respondents.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Harkavy, J.), dated September 8, 2004, which granted the defendants' motion pursuant to CPLR 510(3) to change the venue of the action from Kings County to Albany County.

ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the defendants' motion to change the venue of this action from Kings County to Albany County for the convenience of material witnesses (see CPLR 510[3]; Professional Vehicle Leasing v. Continuing Dev. Servs., 275 A.D.2d 313, 314, 712 N.Y.S.2d 563; Chimirri v. Evergreen Am. Corp., 211 A.D.2d 743, 744, 621 N.Y.S.2d 694; O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169, 172-173, 622 N.Y.S.2d 284).

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