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Thomas v. Orange Regional Medical Center

90 A.D.3d 479 Court N.Y. App. Div. Decision date 2011-12-13 English

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p. 479
Charmaine 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.

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