Charmaine Thomas, as Administratrix of the Lost Goods, Chattels and Credits which were of the Estate of Rose Richards, etc., Plaintiff–Respondent, v. LLP (2011)

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

Charmaine Thomas, as Administratrix of the Lost Goods, Chattels and Credits which were of the Estate of Rose Richards, etc., Plaintiff–Respondent, v. Orange Regional Medical Center, et al., Defendants–Appellants, Crystal Run Healthcare, LLP, et al., Defendants.

6308– 6309N

Decided: December 13, 2011

Gonzalez, P.J., Friedman, Moskowitz, Acosta, Richter, JJ.

Martin Clearwater & Bell LLP, New York (Stewart G. Milch of counsel), for Orange Regional Medical Center, appellant. Tarshis, Catania, Liberth, Mahon & Milligram, PLLC, Newburgh (Rebecca Baldwin Mantello of counsel), for Radiologic Associates, P.C., Lisa Fisher and Stephen Daly, appellants. Irom, Wittels, Freund, Berne & Serra, P.C., Bronx (Richard W. Berne of counsel), for respondent.

Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered April 13, 2011, which, in this action alleging, inter alia, medical malpractice, denied defendants-appellants' motion to change venue from Bronx County to Orange County pursuant to CPLR 510(3), unanimously affirmed, without costs.

Defendants' moving papers were deficient since the addresses of the two proposed nonparty witnesses who would purportedly be inconvenienced by a trial in Bronx County were not provided. Nor was the nature and materiality of their anticipated testimony detailed (see Jacobs v Banks Shapiro Gettinger Waldinger & Brennan, LLP, 9 AD3d 299 [2004]; Nolan v. Mount Vernon Hosp., 172 A.D.2d 368 [1991] ).

We note however that, contrary to Supreme Court's finding, defendant's motion was not untimely.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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