Opinion
2011-12-13
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.
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.
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.
*869 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 A.D.3d 299, 780 N.Y.S.2d 582 [2004]; Nolan v. Mount Vernon Hosp., 172 A.D.2d 368, 568 N.Y.S.2d 409 [1991] ).
We note however that, contrary to Supreme Court's finding, defendant's motion was not untimely.