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ATLANTIC MUT. INS. CO. v. M.H. KANE CONSTR. CORP.

8635N, 651282/10.

100 A.D.3d 564 (2012)

954 N.Y.S.2d 530

2012 NY Slip Op 8079

ATLANTIC MUTUAL INSURANCE COMPANY, Appellant, v. M.H. KANE CONSTRUCTION CORP. et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

November 27, 2012.

Defendants' initial moving papers provided the names, addresses and occupations of four prospective nonparty witnesses in Suffolk County, but failed to make the requisite showing that those witnesses were actually contacted and were willing to testify, or to set forth the substance and materiality of their testimony (see Berk v Linnehan, 85 A.D.3d 475 [1st Dept 2011]). Nor did defendants provide any reason why traveling to New York...

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