Opinion
6308, 6309N.
Decided on December 13, 2011.
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.
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.
Gonzalez, P.J., Friedman, Moskowitz, Acosta, Richter, JJ.
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 ; Nolan v Mount Vernon Hosp., 172 AD2d 368).
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.