Appellate Division of the Supreme Court of the State of New York January 21, 2014 (Deonarine v. Montefiore Medical Center)

*497The court properly denied the motion to dismiss the complaint inasmuch as it was based solely on defendant’s assertion that plaintiff would be unable to make out a prima facie case at trial by reason of his anticipated “unavailability to testify as a result of his imminent deportation.