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JERROLD BLUMBERG, ETC., ET AL., RESPONDENTS, v. SALEM TRUCK LEASING, INC., DEFENDANT, JAMES SHERMAN, ET AL., APPELLANTS.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

In connection with their motion for a change of venue, the defendants failed to establish that the witnesses for whose convenience the change was sought were willing to testify, and that those witnesses would in fact be inconvenienced in the event that the change was not granted (see, Schneider v. Montalbano, 223 A.D.2d 586). The defendants accordingly failed to demonstrate their entitlement to relief pursuant to CPLR 510(3) (see, O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169).

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BLUMBERG v. SALEM TRUCK LEASING, INC
(Oct 16, 2000)