Majority
p. 479Charmaine Thomas, as Administratrix of the Estate of Rose Richards, Respondent, v Orange Regional Medical Center et al., Appellants, et al., Defendants. [933 NYS2d 868]
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.
Cases cited
- Jacobs v. Banks Shapiro Gettinger Waldinger & Brennan, LLP 9 AD3d 299 p. 479
- Nolan v. Mount Vernon Hospital 172 AD2d 368 p. 479