Affirmation in Opposition to Motion to Change Venue

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__________ [Name], an attorney duly admitted practicing Law before the Courts of this State, does hereby affirm the truth of the following statements, except for those matters stated to be upon information and belief, under the penalty of perjury:

1. I am an associate attorney of the Law offices of __________ [Name], attorneys for Plaintiff, __________ [Name],(“Plaintiff”) and as such I am fully familiar with all the prior proceedings in the above-referenced matter. This familiarity is based upon the books, records, and files of Defendants in my possession.

2. This affirmation is respectfully submitted in opposition to Defendants’, __________ [Names], (“Defendants”), motion for a change of venue dated __________ [Date] and returnable before this Court on __________ [Date].

3. Plaintiff commenced the instant action by the filing of a summons and verified complaint (Defendant’s Exhibit __) in the Supreme Court of the County of __________ on __________ [Date].

4. On or about __________ [Date], Defendants duly served a verified answer to Plaintiff’s summons and verified complaint. Annexed hereto as Exhibit “__” is a copy of that answer.

5. The instant action concerns rent arrears in the amount of $__________ due and owing to Plaintiff by Defendants as a result of abandonment of an apartment located at __________ [Address], New York (“premises”) by Defendants before the expiration of the lease.

6. On or about __________ [Date], Defendants entered into a two-year lease agreement (Defendant’s Exhibit “__”) with Plaintiff to lease the premises for a monthly rent of $__________ from __________ [Date] through __________ [Date].

7. On or about __________ [Date], Defendants entered the premises.

8. On or about __________ [Date], defendants abandoned the premises.

9. Defendants failed to pay the agreed upon monthly rent of $__________ pursuant to the Lease Agreement for the remaining __________ months of the lease period encompassing __________ [Date] through __________ [Date].

10. The instant action was commenced in the Supreme Court of the County of __________ because all of the parties involved reside in that county. The plaintiff is located at __________ [Address], New York and defendants’ reside at __________ [Address], New York in the County of __________.

11. Defendants now move for a change in venue to the County of __________ based upon the ground that the cause of action, documentary evidence, and material and nonmaterial witnesses are in that county.

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