Gersten v Lemke

Gersten v Lemke 2009 NY Slip Op 09725 [68 AD3d 681] December 29, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

Ben Gersten, Respondent,
v
Dennis M. Lemke, Appellant, et al., Defendants.

—[*1] Lawrence V. Carra, Mineola, for appellant.

Law Offices of Sanford F. Young, New York (Sanford F. Young of counsel), for respondent.

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.

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 [1996]). 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]). Concur—Andrias. J.P., Friedman, Acosta, DeGrasse and RomÁn, JJ.