CPLR § 503 Venue based on residence
CPLR § 510 Grounds for change of place of trial
Margolis v United Parcel Serv., Inc., 2008 NY Slip Op 09932 (App. Div., 2nd)
In this personal injury action involving a vehicular accident in Nassau
County, plaintiff properly placed venue in New York County based on the
location in that county of the corporate defendant's principal office (see
CPLR 503[c]). In seeking a discretionary change of venue pursuant to
CPLR 510(3), defendants failed to show that material nonparty witnesses
would be inconvenienced by testifying in New York County instead of
Nassau (see Martinez v Dutchess Landaq, Inc., 301 AD2d 424
[2003]). There was no evidence presented that any witness would be
inconvenienced by testifying in New York County. Furthermore, one
witness cited by defendants was defendant Ciaccio, who is both a party
and an employee of the corporate defendant, and another was an employee
of the corporate defendant who was not a witness to the accident.
Defendants did not identify the remaining police and medical witnesses,
did not explain the materiality of their testimony, and did not set
forth their willingness to testify or whether they had even been
contacted.
The bold is mine, all mine. Bwahahahaha.
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