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POLLACK v. ST. FRANCIS HOSP.

Index No. 805286/18. Appeal Nos. 15234-15234A. Case Nos. 2021-02117, 2021-02203.

202 A.D.3d 453 (2022)

158 N.Y.S.3d 577

2022 NY Slip Op 00744

Elisa Pollack et al., as Executors of the Estate of Albert Pollack, Deceased, Respondents, v. St. Francis Hospital et al., Appellants, et al., Defendants.

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

Decided February 3, 2022.

Attorney(s) appearing for the Case

Martin Clearwater & Bell LLP, East Meadow ( Gregory A. Cascino of counsel), for appellants.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Mendez, Higgitt, JJ.

Defendants failed to establish that changing venue to Nassau County from New York County, which was properly designated based on the residence of one of the plaintiffs (see CPLR 503[a]; Cardona v Aggressive Heating, 180 A.D.2d 572, 573 [1st Dept 1992]), would better serve the convenience of material witnesses (CPLR 510[3]; see Cardona at 573). Defendants submitted an affirmation by only one prospective witness, and...

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