Radatron v. Z. Z. Auto Telephone

[30 A.D.2d 760 Page 760] Memorandum: In support of its motion to change the venue of this action upon a contract from Niagara County, plaintiff's
county of residence, to New York County, defendant's county residence, defendant has named several witnesses whom it asserts
"would have to be witnesses to testify to the fact that the devices [sold by plaintiff to defendant under the contract] were
fraudulently misrepresented and advertised and not as warranted in that they were Single rather than Dual Band devices". It
appears that many of defendant's proposed witnesses do not live in New York County, and one even lives in New Jersey. The
latter, of course, may not be considered in any event (Saranac Truck Rental v. Davis White Co., 12 A.D.2d 876). In its supporting
affidavit [30 A.D.2d 760 Page 761]