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Joseph v. Agnant6/24/1999
OPINION OF THE COURT
Order, Supreme Court, Bronx County (Alan Saks, J.), entered January 19, 1999, which, in an action for medical malpractice, denied defendant physician's motion pursuant to CPLR 510(3) to change venue from Bronx County to Westchester County, unanimously affirmed, without costs.
The motion was properly denied for failure to demonstrate how the three nonparty physicians identified by defendant as prospective witnesses would be inconvenienced by a trial in Westchester, instead of the Bronx. On a motion such as this, little, if any, consideration is to be given to the convenience of employees of defendant hospital (see, Herrera v St. Luke's/Roosevelt Hosp. Center, 224 AD2d 323; Barbot v Nagabushana, 235 AD2d 289). In any event, the motion was untimely (CPLR 511 ; see, Schwarz v Erpf Estate, 232 AD2d 316).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JUNE 24, 1999
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