Majority
p. 536Adam Brook, M.D., Ph.D., et al., Respondents, v Peconic Bay Medical Center et al., Appellants, et al., Defendants. [8 NYS3d 559]
Order, Supreme Court, New York County (Barbara Kapnick, J.), entered January 27, 2014, which, to the extent appealed from, granted plaintiffs’ motion for reargument and, upon reargument, denied defendants’ motion for a change of venue to Suffolk County, unanimously affirmed, without costs.
Contrary to defendants’ contention, plaintiffs’ motion was a proper motion for leave to reargue (see CPLR 2221 [d]). Defendants failed to establish that their two alleged nonparty witnesses were not employees or otherwise within their control (see Gissen v Boy Scouts of Am., 26 AD3d 289 [1st Dept 2006]).
We have considered defendants’ remaining contentions and find them unavailing. Concur — Sweeny, J.P., Renwick, Andrias, Moskowitz and Gische, JJ.
Cases cited
- Gissen v. Boy Scouts of America 26 AD3d 289 p. 536