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Margolis v. United Parcel Service

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 18, 2008

JOSHUA EVAN MARGOLIS, PLAINTIFF-APPELLANT,
v.
UNITED PARCEL SERVICE, INC., ET AL., DEFENDANTS-RESPONDENTS.

Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered October 15, 2007, which granted defendants' motion to change venue to Nassau County, unanimously reversed, on the law, without costs, and the motion denied.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Gonzalez, Catterson, McGuire, Acosta, JJ.

100232/07

In this personal injury action involving a vehicular accident in Nassau County, plaintiff properly placed venue in New York County based on the location in that county of the corporate defendant's principal office (see CPLR 503[c]). In seeking a discretionary change of venue pursuant to CPLR 510(3), defendants failed to show that material nonparty witnesses would be inconvenienced by testifying in New York County instead of Nassau (see Martinez v Dutchess Landaq, Inc., 301 AD2d 424 [2003]). There was no evidence presented that any witness would be inconvenienced by testifying in New York County. Furthermore, one witness cited by defendants was defendant Ciaccio, who is both a party and an employee of the corporate defendant, and another was an employee of the corporate defendant who was not a witness to the accident. Defendants did not identify the remaining police and medical witnesses, did not explain the materiality of their testimony, and did not set forth their willingness to testify or whether they had even been contacted.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081218

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