Brook v. Peconic Bay Medical Center

128 A.D.3d 536, 8 N.Y.S.3d 559

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 19, 2015
• Docket: 15151N 650921/12
• Status: Published

Opinion

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.