In this reinsurance coverage dispute, defendants have moved, on the eve of trial, for a change of venue pursuant to CPLR 510 (2) on the ground that "an impartial trial [could not] be had." Defendants based this motion on the fact that plaintiffs' former lead counsel, who was scheduled to be a fact witness, had retired from law firm practice and become a Justice of the Supreme Court, Commercial Division. In the first instance, we note that the motion court correctly determined...
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