Appellate Division of the Supreme Court of New York, 2011

Thomas v. Orange Regional Medical Center

Thomas v. Orange Regional Medical Center
Appellate Division of the Supreme Court of New York · Decided December 13, 2011
90 A.D.3d 479; 933 N.Y.2d 868
Thomas v. Orange Regional Medical Center

Opinion of the Court

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 AD2d 368 [1991]).

We note however that, contrary to Supreme Court’s finding, defendant’s motion was not untimely. Concur — Gonzalez, EJ., Friedman, Moskowitz, Acosta and Richter, JJ.

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