On June 16, 2022, Justice Ostrager of the New York County Commercial Division issued a decision in One Edgewater Equities LLC v. Law Firm of Hall & Hall LLP, 2022 NY Slip Op. 31919(U), holding that a motion to change venue pursuant to CPLR 510(3) must be based on the convenience of non-party witnesses, explaining:
Defendants do not dispute that a proper statutory basis exists for venue in New York County. Instead, they ask the Court to exercise its discretion to change venue pursuant to CPLR 510(3) for the convenience of material witnesses and the ends of justice will allegedly be served by the change. But defendants have failed to make the requisite showing. Defendants have the burden of demonstrating that the convenience of material nonparty witnesses would be served by the change in venue. The convenience of the parties themselves or that of their employees will not be considered. To meet this burden, Defendants must provide: (1) the identity of the material nonparty witnesses, (2) the manner in which they will be inconvenienced by a trial in New York County, (3) that the witnesses have been contacted and are available and willing to testify for Defendants, (4) the nature of the anticipated testimony, and (5) the manner in which the anticipated testimony is material to the issues raised in the case. Defendants do not even begin to make the required showing. Therefore, the Court denies the requested change of venue.
(Internal quotations and citations omitted) (emphasis added).