NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 29, 2009
BEN GERSTEN, PLAINTIFF-RESPONDENT,
DENNIS M. LEMKE, DEFENDANT-APPELLANT,
PEACE AGRESTA & LEMKE, ET AL., DEFENDANTS.
Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered November 24, 2008, which denied defendant-appellant's motion to change venue to Nassau County on the ground of witness convenience, unanimously affirmed, without costs.
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.
Andrias. J.P., Friedman, Acosta, DeGrasse, RomÁn, JJ.
Defendant's bare assertions of inconvenience fail to show the manner in which his proposed witnesses would be inconvenienced by having to travel between Nassau and New York Counties (see Schoen v Chase Manhattan Automotive Fin. Corp., 274 AD2d 345 ; cf. Cardona v Aggressive Heating, 180 AD2d 572, 573 ; Heinemann v Grunfeld, 224 AD2d 204). In addition, the home or work addresses of allegedly inconvenienced witnesses were improperly first provided in defendant's reply papers (see Schoen, supra; Root v Brotmann, 41 AD3d 247 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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