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SMALL v. CHRYSLER CORPORATION

Appellate Division of the Supreme Court of New York, Second Department.
Nov 5, 2001
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ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the motion of the defendant DaimlerChrysler Corporation, in which the appellants joined, to change the venue of the action from Kings County to Nassau County based upon "the convenience of material witnesses and the ends of justice" (CPLR 510). The motion papers failed to sufficiently demonstrate that the nonparty witnesses would be inconvenienced if venue were not changed (see, Blumberg v. Salem Truck Leasing, 276 A.D.2d 577; Mallory v. Long Is. R. R., 245 A.D.2d 493; Murphy v. Long Is. R. R., 239 A.D.2d 472; O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169).

In light of this determination, we need not reach the respondent's remaining contention.

RITTER, J.P., FLORIO, FEUERSTEIN and CRANE, JJ., concur.