Ravenna v Entenmann's Sales Co., Inc.

Ravenna v Entenmann's Sales Co., Inc. 2012 NY Slip Op 05086 Decided on June 21, 2012 Appellate Division, First Department 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.

Decided on June 21, 2012
Tom, J.P., Andrias, Friedman, Moskowitz, Renwick, JJ.
8010N 21170/11 303777/11 30140/11

[*1]Frank Ravenna, Plaintiff-Respondent,

v

Entenmann's Sales Company, Inc., et al., Defendants-Appellants, PAR Environmental Corporation, et al., Defendants.



Arthur A. Urena, Plaintiff-Respondent,

v

Entenmann's Sales Company, Inc., et al., Defendants-Appellants. [And Another Action]




McCabe, Collins, McGeough & Fowler, LLP, Carle Place
(Patrick M. Murphy of counsel), for appellants.
Neimark & Neimark LLP, New City (Mark P. Cambareri of
counsel), for Frank Ravenna, respondent.

Order, Supreme Court, Bronx County (Laura Douglas, J.), entered March 6, 2012, which, to the extent appealed from, denied the defendants-appellants' motion for a change of venue to Rockland County, unanimously affirmed, without costs.

Two of the drivers involved in a multi-vehicle accident that occurred in Rockland County commenced actions in Bronx County, properly designating venue on the basis of the residence of one of the parties in the Bronx (CPLR 503[a]). The motion to change venue of those actions to Rockland County was properly denied since the movants failed to show the nature and materiality of the anticipated testimony of the investigating police officer, or to provide adequate support for their assertion that she would be inconvenienced by having to testify in Bronx County rather than in Rockland County (see Yavner v Toal, 294 AD2d 244 [2002]; Morrison v Lawler, [*2]290 AD2d 370, 370 [2002]). The affidavit of an out-of-state witness who did not indicate that he would provide material testimony also did not warrant a change of venue.

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

ENTERED: JUNE 21, 2012

DEPUTY CLERK