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Joan A. Pillittere et al., Respondents, v. Ted and Ann Tours, Inc., Defendant, and SS. Peter and Paul Roman Catholic Church Society of Depew et al., Appellants

New York Supreme Court, Appellate Division1997-11-19
244 A.D.2d 1006668 N.Y.S.2d 969

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Opinion

majority opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court did not improvidently exercise its discretion in denying the motion of SS. Peter and Paul Roman Catholic Church Society of Depew and Diocese of Buffalo (defendants) for a change of venue from Niagara County to Erie County. Venue was properly designated in Niagara County by plaintiffs (see, CPLR 503 [a]), and defendants did not make the required detailed evidentiary showing that “the convenience of material witnesses and the ends of justice will be promoted by the change” (CPLR 510 [3]; see, O’Brien v Vassar Bros. Hosp., 207 AD2d 169, 172-173). Significantly, defendants presented no proof that a trial in Niagara County will inconvenience defense witnesses. Thus, we reject defendants’ contention that, because this is a transitory action, venue should be in Erie County where the cause of action arose (see, O’Brien v Vassar Bros. Hosp., supra, at 173-174; Clinton v Griffin, 176 AD2d 501, 502). (Appeal from Order of Supreme Court, Niagara County, Joslin, J.—Change of Venue.) Present—Pine, J. P., Hayes, Wisner, Boehm and Fallon, JJ.