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MICHAEL MISZKO, JR., appellant, v. LEEDS MORELLI, et al., respondents.

DECISION ORDER

NANCY E. SMITH, JJ.

ORDERED that the order is reversed, as a matter of discretion, with costs, and the motion is denied, and it is further,

ORDERED that the Clerk of the Supreme Court, Nassau County, is directed to transfer the file of the action to the Clerk of the Supreme Court, Ulster County.

In support of their motion to transfer venue, the defendants failed to disclose the addresses of the prospective witnesses, disclose the facts to which they were expected to testify at trial, or establish that they would be inconvenienced in the event that a change of venue were not granted (see, Cumberbatch v. Gatehouse Hotel Rest., 265 A.D.2d 370 [2d Dept., Oct. 12, 1999];O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169 ). In addition, the defendants have not offered a valid reason for their failure to submit sworn statements from their proposed witnesses (see,Schneider v. Montalbano, 223 A.D.2d 586 ).

Therefore, the Supreme Court improvidently exercised its discretion in granting the defendants' motion to transfer venue to Nassau County.

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MISZKO v. LEEDS MORELLI
(Feb 10, 2000)