Affirmation in Support of Motion to Change Venue

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__________ [Name], an attorney duly admitted to practice law in the courts of the State of New York, affirms the following to be true, except for those matters stated to be upon information and belief, under the penalties of perjury:

1. I am an associate at the law offices of __________ [Name], the attorneys of record for the Defendant, and as such am fully familiar with all of the prior proceedings in this action.

2. I make this Affirmation in support of Defendant’s Motion to Change Venue in the instant matter.

   BACKGROUND FACTS

3. On __________ [Date], at approximately __________ [Time], Plaintiff’s automobile collided with Defendant’s automobile at the intersection of __________ [Street name] and __________ [Street name] in __________ [City, County, and State]. Plaintiff alleges that [he/she] has suffered personal injuries and property damages arising from that collision and that the collision was the result of Defendant’s negligence.

4. Plaintiff commenced the instant action by filing a summons and verified complaint in the Supreme Court of the County of __________ [Name] on __________ [Date]. Annexed hereto as Exhibit "__" and made a part hereof is a copy of that Summons and Complaint.

5. Plaintiff served the Summons and Complaint on Defendant on __________ [Date].

6. On __________ [Date], before serving an Answer, Defendant served Plaintiff with a written Demand to Change Venue from Supreme Court, __________ County, to Supreme Court, __________ County. Annexed hereto as Exhibit "__" and made a part hereof is a copy of that Demand.

7. Plaintiff did not respond to that Demand.

   1. THIS COURT SHOULD CHANGE THE VENUE OF THE INSTANT MATTER BECAUSE VENUE IS NOT PROPER IN __________ COUNTY.

8. Plaintiff’s proposed venue in __________ County is improper in the instant matter.

9. According to paragraph __ of Plaintiff’s complaint, Plaintiff resides at __________ [Address] in __________ County.

10. At the time this action was commenced, Defendant resided at __________ [Address] in __________ County, where Defendant continues to reside at the present time.

11. Plaintiff is attempting to improperly bring this action in __________ County because defendant resided in __________ County at the time of the accident.

12. Defendant moved from __________ County to __________ County on __________ [Date], after the accident, but before Plaintiff commenced this suit.

13. CPLR 503(a) provides that “[e]xcept where otherwise prescribed by law, the place of trial...