| Brook v Peconic Bay Med. Ctr. |
| 2015 NY Slip Op 04242 [128 AD3d 536] |
| May 19, 2015 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Adam Brook, M.D., Ph.D., et al.,
Respondents, v Peconic Bay Medical Center et al., Appellants, 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.
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.