Raynor v HK Sys., Inc. (2006 NY Slip Op 04782)

Raynor v HK Sys., Inc.

2006 NY Slip Op 04782 [30 AD3d 226]

June 13, 2006

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, August 23, 2006

Steven Raynor, Respondent,
v
HK Systems, Inc., Appellant.

—[*1]Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered January 31, 2006, which denied defendant's motion to change venue from New York County to Dutchess County, unanimously affirmed, without costs.

The motion was properly denied for failure to demonstrate the materiality of the anticipated testimony of the witnesses on whose convenience the motion is based (see Cardona v Aggressive Heating, 180 AD2d 572, 572 [1992]). Concur—Mazzarelli, J.P., Andrias, Nardelli, Gonzalez and Malone, JJ.