General
James F. Connor, Jr., et al., Respondents, v. Rami I, Inc., et al., Appellants and Third-Party Plaintiffs. H. Lieblich & Company, Inc., Third-Party Defendant-Appellant
234 A.D.2d 58650 N.Y.S.2d 559·New York Supreme Court, Appellate Division·1996·NY
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Opinion
James F. Connor, Jr., et al., Respondents, v Rami I, Inc., et al., Appellants and Third-Party Plaintiffs. H. Lieblich & Company, Inc., Third-Party Defendant-Appellant.
[650 NYS2d 559]
[MAJORITY]
—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered January 23, 1996, which denied third-party defendant’s motion for a change of venue to Westchester County, unanimously affirmed, without costs.
Appellants concede that New York County is a proper venue. The motion therefore was addressed to the sound discretion of the IAS Court, and there was no improvident exercise of such discretion (Hartigan v Kurian, 224 AD2d 299). There was an insufficient showing that nonparty material witnesses would be inconvenienced by trial of this action in New York County (see, Heinemann v Grunfeld, 224 AD2d 204; Klugman v Food Emporium, 226 AD2d 321). We have considered appellants’ remaining arguments and find them to be without merit. Concur—Ellerin, J. P., Wallach, Kupferman, Nardelli and Tom, JJ.