HERRERA v. ST. LUKE'S/ROOSEVELT HOSP. CENTER

As defendants had indication as early as the very inception of the action that plaintiff guardian ad litem may have improperly placed venue in Bronx County, their nearly two-year delay in seeking a change of venue on that ground was not sufficiently diligent to justify departure from the time requirements of CPLR 511 (a) ( see, Roman v. Brereton, 182 A.D.2d 556, 557). Nor do defendants sufficiently demonstrate that the convenience of material non-party witnesses would be served by a change of venue to New York County ( see, Brunner v. Joubert, 118 A.D.2d 424, 425).

Concur — Sullivan, J.P., Ellerin, Nardelli and Williams, JJ.