Opinion
April 15, 1999
Appeal from the Supreme Court, Bronx County (Howard Silver, J.).
Defendant-appellant physicians did not demonstrate on their original motion that Southside Hospital was a public institution maintained in whole or in part by the County of Suffolk, and, accordingly, failed to establish that plaintiff was required to file a notice of claim as a condition of maintaining this malpractice action against the hospital and physicians who practiced there ( see, General Municipal Law § 50-d, [2]; cf., Norr v. Spiegler, 56 A.D.2d 389, affd 44 N.Y.2d 809).
Venue was properly set in Bronx County and defendants-appellants failed to justify their request for the action's removal by establishing that material witnesses would be inconvenienced by a trial held in the Bronx ( see, Cardona v. Aggressive Heating, 180 A.D.2d 572).
The motion to renew was properly denied since it did not present new or additional facts unknown to defendant appellant physicians at the time of their original motion and no valid excuse was presented for the failure to include the "new" matter on the original motion ( see, 300 W. Realty Co. v. City of New York, 99 A.D.2d 708, appeal dismissed 63 N.Y.2d 952).
Concur — Nardelli J. P., Tom, Lerner and Mazzarelli, JJ.