AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

FREDERICK L. FRANCIS, an Infant, by His Parent and Natural Guardian, MORRIS FRANCIS, et al., Respondents, v. PAUL C. JENKS et al., Appellants.

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.

Use AI to get other relevant cases.

Comments

FRANCIS v. JENKS
(Oct 30, 1967)