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HENRY v. CENTRAL HUDSON GAS & ELEC. CORP.

57 A.D.3d 452 (2008)

MARY HENRY, Appellant, v. CENTRAL HUDSON GAS AND ELECTRIC CORPORATION et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

December 30, 2008.

The court exercised its discretion in a provident manner in granting the motion to change venue, where defendants made the requisite showing that retention of this action in Bronx County would inconvenience nonparty material witnesses (see Hoogland v Transport Expressway, Inc., 24 A.D.3d 191 [2005]). Defendants submitted, inter alia, the affidavits of a witness who came upon the accident scene while plaintiff's decedent may still...

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