JOSEPH JOSEPH v. Lawrence Hospital, Defendant. (1999)

Supreme Court, Appellate Division, First Department, New York.

LeMar JOSEPH, an Infant, by His Mother and Natural Guardian, Marlene JOSEPH, Plaintiff-Respondent, v. Guirlame AGNANT, M.D., Defendant-Appellant, Lawrence Hospital, Defendant.

Decided: June 24, 1999

ELLERIN, P.J., ROSENBERGER, BUCKLEY and FRIEDMAN, JJ.

David B. Turret, for Plaintiff-Respondent. Lisa E. Mudd, for Defendant-Appellant.

Order, Supreme Court, Bronx County (Alan Saks, J.), entered January 19, 1999, which, in an action for medical malpractice, denied defendant physician's motion pursuant to CPLR 510(3) to change venue from Bronx County to Westchester County, unanimously affirmed, without costs.

The motion was properly denied for failure to demonstrate how the three nonparty physicians identified by defendant as prospective witnesses would be inconvenienced by a trial in Westchester, instead of the Bronx. On a motion such as this, little, if any, consideration is to be given to the convenience of employees of defendant hospital (see, Herrera v. St. Luke's/Roosevelt Hosp. Center, 224 A.D.2d 323, 637 N.Y.S.2d 731; Barbot v. Nagabushana, 235 A.D.2d 289, 652 N.Y.S.2d 292). In any event, the motion was untimely (CPLR 511[a]; see, Schwarz v. ERPF Estate, 232 A.D.2d 316, 648 N.Y.S.2d 445).

MEMORANDUM DECISION.

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