Thomas v Orange Regional Med. Ctr., 2011 NY Slip Op 08974 [90 AD3d 479]

Dcmbr 13, 2011

Appellate Division, First Department

— [*1]

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.

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 AD3d 299 [2004]; Nolan v [*2] 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, P.J., Friedman, Moskowitz, Acosta and Richter, JJ..