Opinion
05-19-2015
Adam BROOK, M.D., etc., et al., Plaintiffs–Respondents, v. PECONIC BAY MEDICAL CENTER, et al., Defendants–Appellants, John Does 1 to 5, et al., Defendants.
Garfunkel Wild, P.C., Great Neck (Leonard M. Rosenberg of counsel), for appellants. Schwartz & Thomashower LLP, New York (William Thomashower of counsel), for respondents.
Garfunkel Wild, P.C., Great Neck (Leonard M. Rosenberg of counsel), for appellants.
Schwartz & Thomashower LLP, New York (William Thomashower of counsel), for respondents.
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 A.D.3d 289, 811 N.Y.S.2d 20 [1st Dept.2006] ).
We have considered defendants' remaining contentions and find them unavailing. SWEENY, J.P., RENWICK, ANDRIAS, MOSKOWITZ, GISCHE, JJ., concur.