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Gersten v. Lemke

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 29, 2009

BEN GERSTEN, PLAINTIFF-RESPONDENT,
v.
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.

110651/07

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 [2000]; cf. Cardona v Aggressive Heating, 180 AD2d 572, 573 [1992]; 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 [2007]).

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

20091229

© 1992-2009 VersusLaw Inc.



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