Opinion
October 30, 1967
Order of the Supreme Court, Kings County, dated January 30, 1967, reversed, with $10 costs and disbursements to each defendant, and defendants' separate motions to change the venue from Kings County to Seneca County granted. This malpractice action arose in Seneca County and, in support of the motion by defendant Taylor Brown Memorial Hospital, 33 witnesses were specified, 24 of whom were residents of that county, giving their names and addresses as well as the substance of their proposed testimony. In addition, by job title, there was specified the personnel of the Genesee Hospital in Rochester, New York, who participated in the care and treatment of the infant plaintiff and the substance of their proposed testimony. The affidavit submitted in opposition by plaintiffs was deficient in that, while it listed the names of 86 people as prospectve witnesses, it failed to state their addresses and failed to state the substance of their proposed testimony ( Weinstein v. Kiamesha Concord, 28 A.D.2d 925; Laduke v. Bond, 284 App. Div. 859). Beldock, P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.