Preview
FILED: KINGS COUNTY CLERK 12/14/2018 12:25 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 12/14/2018
For use of clerk
Calendar No. (ifany) NOTE OF ISSUE
Index No. 508009/13
__ SUPREME Court, KINGS County, N.Y.
Hon. Bernard J. Graham
NATHANIEL GRAYTON, an Infant by
Name of Judge assigned
his mother and natural guardian, SHERRI
NOTICE FOR TRIAL
SKIDMORE
XXETrial by jury demanded
XXEOf allissues
Of issues specified below
or attached hereto
oTrial without jury
against Filed for PLAINTIFF
by attorney
Date summons served 12/30/2013
Date service completed 2/03/2014
VASUDHA VISWANATHAN, M.D.,
Date issue joined 1/31/2014
CALIXTO CAZANO, M.D., RAJENDRA NATURE OF ACTION OR SPECIAL PROÖEEDING
BHAYANI, M.D., FERNANDO XXETort: CMotor vehicle negligence
SONY XXEMedical malpractice
GINEBRA, M.D., LOISEAU,
Other Tort
M.D., and WYCKOFF HEIGHTS
oContract
MEDICAL CENTER, Contested matrimonial
Uncontested matrimonial
CTax certiorari
oCondemnation
OOther (not itemized above) specify.
This action isbrought as a class action
oThis isa medical malpractice claim: panel procedures prescribed by
court rules pursuant to Jud. §143-a.
ohave been corapleted have not been completed
I Amount demanded $ Amounts which exceed the iurisdictionallimitsof all
j_ow_er courtswhich would otherwise have iurisdictionherein.
Other relief
Insurance carrier(s), ifknown:
Special preference claimed under APPLICABLE
RULE
on the ground that plaintiff
sustained severe permanent nersonal iniuries
Levine and Grossman, Esqs. Costello, Shea & Gaffney LLP Brown Gruttadaro Gaujean & Prato, LLC
Attorney(s) for Plaintiff(s) Attorñêys for Defendents Attorneys for Defendant Rajendra Bhayani,
Office & P.O. Address: Vasudha Viswanathan, M.D. M.D.
114 Old Country Road Office and P.O. Address: Office and P.O. Address:
11th
Mineola, NY 11501 44 Wall Street, Floor White Plains Plaza
Phone No.: (516) 248-7575 New York, NY 10005 One North Broadway, Suite 1010
Phone No.: 212-483-9600 White Plains, NY 10601
Phone No.: 914-949-5300
Schiavetti, Corgan, DiEdwards, Weinberg
& Nicholson, LLP Arshack, Hajek & Lehrman, PLLC
Attorneys for Defendants Calixto Cazano, Attorneys for Defendants Sony Loiseau,
M.D. and Fernando Ginebra, M.D. M.D. and Wyckoff Heights Ms-dka! Center
Office and P.O. Address: Office and P.O. Address:
-14th
575 Eighth Avenue Floor 1790 Broadway, Suite 710
New York, New York 10018 New York, NY 10019
Phone No.: 212-541-9100 Phone No.: 212-582-6500
1 of 4
FILED: KINGS COUNTY CLERK 12/14/2018 12:25 PM INDEX NO. 508009/2013
NYSCEF
NOTE: DOC.
Clerk NO.
will63
not accept this note unless acec-spanied by a certificateof issdiñêss, or,in aRECEIVED
medical NYSCEF:action,
ma!practice 12/14/2018
unless,
where spp!!cabis, the cêitificateof résd;aess prev|üüsly had been filed and the panel procedures prescribed by court rules pursuant
to section 148-a of the Judiciary Law have been completed.
CERTIFICATE OF READINESS FOR TRIAL ,
For Clerk s Use
(Items 1-7 must be checked)
N.I. served
on
Completed Waived Not
Required
1. Allpleadings served X
2. Billof particulars X
3. Physical examinations completed X _______ _
4. Medical reports exchanged X
5. Appraisal reports exchanged X
6. Compliance with the Rules in matrimõñial actions (22 NYCRR 202.16) X
7. Discovery proceedings now known to be necessary completed X
8. There are no outstanding requests for discovery.
9. There has been a reasonable opportunity to complete the foregoing proceedings.
10.There has been compliance with any order issued pursuant to the Precalendar Rules (22 NYCRR 202.12).
11.If a medica| malpractice action, there has been compliance with any order issued pursuant to 22 NYCRR 202.56.
12.The case isready for trial.
Dated: December 14, 2018
signatúre - type name below BRIAN C. ESQ.
LOCKHART,
LEVINE AND GROSSMAN, ESQS.
Attorney(s) for:PLAINTIFF
Office & P.O. Address 114 Old Road - Suite 460
Country
Mineola, NY 11501 Telephone: (516) 248-7575
State of New York,County of ss.: State of New York, County of
SEE RIDER ANNEXED FOR AFFIDAVIT OF SERVICE ss.:
being duly sworn, deposes and says; thatdeponent isnota party ofthe
action,is over 18 years ofage and resides at being duly sworn, deposes and says; thatdeponent isnot a partyof
the action,isover 18 years ofage and resides at
That on the day of
deponent served the withinnote of issue and certificateof
readiness on That on the day of
deponent served the withinnote of issueand certificateof
attorney(s)for readiness on
herein, athis officeat
attorney(s)for
during his absence from said office at
(a) by then and there leaving a true copy ofthe same with
the address designated by said attorney(s) forthatpurpose by
his clerk;partner;person charge of said office. depositing a truecopy ofsame enclosed in a postpaid properly
having
and said addressed wrapper, in -apost office- official under the
(b) officebeing closed, be depositing a truecopy of dêpasiiory
same, enclosed in a sealedwrapper directed tosaid attürney(s),in the exclusive care and custody ofthe United States PostalService within
officeletterdrop box. New York State.
Sworn to beforeme on
Sworn to before me on
Admiseien of Service Due serviceof a noteof issue and certificatêof readiness, ofwhich the withinis a copy,
admitted
Attorney(s)for
2 of 4
FILED: KINGS COUNTY CLERK 12/14/2018 12:25 PM INDEX NO. 508009/2013
NYSCEF DOC.
FILED:
NO. 63
KINGS COUNTY
RECEIVED NYSCEF:
INDEX NO. 12/14/2018
508009/2013
CLERK 11/05/2018J
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/09/2018
At an 1.A.S. TrialTerm, Pa the Supreme
Court ofthe State ofNew York. held in and forthe
County of Kings, at the Courthouse, located at
o Civic Center, Boroug rooklyn ityand Stat
of New York, on the day of 20
P R E S E N T
Hon. b rrdaw\
Justice
Cat No.
Plaintiff(s) Index No.
- against-
Defendant(s)
The iiall
wing papers numbered 1 to read on this motion Papers Numbered
Noticeof Motion.-Order to Show Cause
and Affidavits Annexed
(Affirmations)
Answenng Affidavit(Affirmation)
Reo)y Affidavit
(Affirmation)
Affidavit(Affirmation)
Picadings- Exhibits
- Minutes
Stipulations .
FiledPapers
-b CA è\b a ash
. Lotusma cMb L I5 / 0
Wyca H<¼b Med GA oto/b ahM
For Clerks use only
Motion S
N E R
tg.
ju t¶ .s. .
EJV-rev 1l·04
GRAHAM
poN.BERNARD
1 of 1
3 of 4
FILED: KINGS COUNTY CLERK 12/14/2018 12:25 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 12/14/2018
Index No. 508009/2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
NATHANIEL GRAYTON, an Infant, by his mother and
natural guardian, SHERRI SKIDMORE,
Plaintiff(s),
-against-
VASUDHA VISWANATHAN, M.D., et al,
Defendant(s).
NOTE OF ISSUE AND CERTIFICATE OF READINESS
LEVINE & GROSSMAN
Attorneys for Plaintiff(s)
114 Old Country Road
Mineola, New York 11501
(516) 248-7575
==========r-----====-__-------====--------------=================
To:
Attorney(s) for
----------==----------- ------------=====--a-===============
Service of a copy of the within is
hereby admitted.
Dated:
Attorney(s) for
====±-----===============- ---= ----------=====------====----
PLEASE TAKE NOTICE
___ That the within is a true copy of an
entered in the office of the clerk of the within named Court on
___ That an Order of which the within is a true copy will be
presented for settlement to the Hon. , one of the judges
of the within named Court, at , N.Y., on
at 9:30 a.m.
Dated: Mineola, NY LEVINE & GROSSMAN
Attorney(s) for Plaintiff(s)
114 Old Country Road
Mineola, New York 11501
TO: Attorneys for Defendants
4 of 4
Preview
FILED: KINGS COUNTY CLERK 12/14/2018 12:25 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 12/14/2018 For use of clerk Calendar No. (ifany) NOTE OF ISSUE Index No. 508009/13 __ SUPREME Court, KINGS County, N.Y. Hon. Bernard J. Graham NATHANIEL GRAYTON, an Infant by Name of Judge assigned his mother and natural guardian, SHERRI NOTICE FOR TRIAL SKIDMORE XXETrial by jury demanded XXEOf allissues Of issues specified below or attached hereto oTrial without jury against Filed for PLAINTIFF by attorney Date summons served 12/30/2013 Date service completed 2/03/2014 VASUDHA VISWANATHAN, M.D., Date issue joined 1/31/2014 CALIXTO CAZANO, M.D., RAJENDRA NATURE OF ACTION OR SPECIAL PROÖEEDING BHAYANI, M.D., FERNANDO XXETort: CMotor vehicle negligence SONY XXEMedical malpractice GINEBRA, M.D., LOISEAU, Other Tort M.D., and WYCKOFF HEIGHTS oContract MEDICAL CENTER, Contested matrimonial Uncontested matrimonial CTax certiorari oCondemnation OOther (not itemized above) specify. This action isbrought as a class action oThis isa medical malpractice claim: panel procedures prescribed by court rules pursuant to Jud. §143-a. ohave been corapleted have not been completed I Amount demanded $ Amounts which exceed the iurisdictionallimitsof all j_ow_er courtswhich would otherwise have iurisdictionherein. Other relief Insurance carrier(s), ifknown: Special preference claimed under APPLICABLE RULE on the ground that plaintiff sustained severe permanent nersonal iniuries Levine and Grossman, Esqs. Costello, Shea & Gaffney LLP Brown Gruttadaro Gaujean & Prato, LLC Attorney(s) for Plaintiff(s) Attorñêys for Defendents Attorneys for Defendant Rajendra Bhayani, Office & P.O. Address: Vasudha Viswanathan, M.D. M.D. 114 Old Country Road Office and P.O. Address: Office and P.O. Address: 11th Mineola, NY 11501 44 Wall Street, Floor White Plains Plaza Phone No.: (516) 248-7575 New York, NY 10005 One North Broadway, Suite 1010 Phone No.: 212-483-9600 White Plains, NY 10601 Phone No.: 914-949-5300 Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP Arshack, Hajek & Lehrman, PLLC Attorneys for Defendants Calixto Cazano, Attorneys for Defendants Sony Loiseau, M.D. and Fernando Ginebra, M.D. M.D. and Wyckoff Heights Ms-dka! Center Office and P.O. Address: Office and P.O. Address: -14th 575 Eighth Avenue Floor 1790 Broadway, Suite 710 New York, New York 10018 New York, NY 10019 Phone No.: 212-541-9100 Phone No.: 212-582-6500 1 of 4 FILED: KINGS COUNTY CLERK 12/14/2018 12:25 PM INDEX NO. 508009/2013 NYSCEF NOTE: DOC. Clerk NO. will63 not accept this note unless acec-spanied by a certificateof issdiñêss, or,in aRECEIVED medical NYSCEF:action, ma!practice 12/14/2018 unless, where spp!!cabis, the cêitificateof résd;aess prev|üüsly had been filed and the panel procedures prescribed by court rules pursuant to section 148-a of the Judiciary Law have been completed. CERTIFICATE OF READINESS FOR TRIAL , For Clerk s Use (Items 1-7 must be checked) N.I. served on Completed Waived Not Required 1. Allpleadings served X 2. Billof particulars X 3. Physical examinations completed X _______ _ 4. Medical reports exchanged X 5. Appraisal reports exchanged X 6. Compliance with the Rules in matrimõñial actions (22 NYCRR 202.16) X 7. Discovery proceedings now known to be necessary completed X 8. There are no outstanding requests for discovery. 9. There has been a reasonable opportunity to complete the foregoing proceedings. 10.There has been compliance with any order issued pursuant to the Precalendar Rules (22 NYCRR 202.12). 11.If a medica| malpractice action, there has been compliance with any order issued pursuant to 22 NYCRR 202.56. 12.The case isready for trial. Dated: December 14, 2018 signatúre - type name below BRIAN C. ESQ. LOCKHART, LEVINE AND GROSSMAN, ESQS. Attorney(s) for:PLAINTIFF Office & P.O. Address 114 Old Road - Suite 460 Country Mineola, NY 11501 Telephone: (516) 248-7575 State of New York,County of ss.: State of New York, County of SEE RIDER ANNEXED FOR AFFIDAVIT OF SERVICE ss.: being duly sworn, deposes and says; thatdeponent isnota party ofthe action,is over 18 years ofage and resides at being duly sworn, deposes and says; thatdeponent isnot a partyof the action,isover 18 years ofage and resides at That on the day of deponent served the withinnote of issue and certificateof readiness on That on the day of deponent served the withinnote of issueand certificateof attorney(s)for readiness on herein, athis officeat attorney(s)for during his absence from said office at (a) by then and there leaving a true copy ofthe same with the address designated by said attorney(s) forthatpurpose by his clerk;partner;person charge of said office. depositing a truecopy ofsame enclosed in a postpaid properly having and said addressed wrapper, in -apost office- official under the (b) officebeing closed, be depositing a truecopy of dêpasiiory same, enclosed in a sealedwrapper directed tosaid attürney(s),in the exclusive care and custody ofthe United States PostalService within officeletterdrop box. New York State. Sworn to beforeme on Sworn to before me on Admiseien of Service Due serviceof a noteof issue and certificatêof readiness, ofwhich the withinis a copy, admitted Attorney(s)for 2 of 4 FILED: KINGS COUNTY CLERK 12/14/2018 12:25 PM INDEX NO. 508009/2013 NYSCEF DOC. FILED: NO. 63 KINGS COUNTY RECEIVED NYSCEF: INDEX NO. 12/14/2018 508009/2013 CLERK 11/05/2018J NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/09/2018 At an 1.A.S. TrialTerm, Pa the Supreme Court ofthe State ofNew York. held in and forthe County of Kings, at the Courthouse, located at o Civic Center, Boroug rooklyn ityand Stat of New York, on the day of 20 P R E S E N T Hon. b rrdaw\ Justice Cat No. Plaintiff(s) Index No. - against- Defendant(s) The iiall wing papers numbered 1 to read on this motion Papers Numbered Noticeof Motion.-Order to Show Cause and Affidavits Annexed (Affirmations) Answenng Affidavit(Affirmation) Reo)y Affidavit (Affirmation) Affidavit(Affirmation) Picadings- Exhibits - Minutes Stipulations . FiledPapers -b CA è\b a ash . Lotusma cMb L I5 / 0 Wyca H<¼b Med GA oto/b ahM For Clerks use only Motion S N E R tg. ju t¶ .s. . EJV-rev 1l·04 GRAHAM poN.BERNARD 1 of 1 3 of 4 FILED: KINGS COUNTY CLERK 12/14/2018 12:25 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 12/14/2018 Index No. 508009/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NATHANIEL GRAYTON, an Infant, by his mother and natural guardian, SHERRI SKIDMORE, Plaintiff(s), -against- VASUDHA VISWANATHAN, M.D., et al, Defendant(s). NOTE OF ISSUE AND CERTIFICATE OF READINESS LEVINE & GROSSMAN Attorneys for Plaintiff(s) 114 Old Country Road Mineola, New York 11501 (516) 248-7575 ==========r-----====-__-------====--------------================= To: Attorney(s) for ----------==----------- ------------=====--a-=============== Service of a copy of the within is hereby admitted. Dated: Attorney(s) for ====±-----===============- ---= ----------=====------====---- PLEASE TAKE NOTICE ___ That the within is a true copy of an entered in the office of the clerk of the within named Court on ___ That an Order of which the within is a true copy will be presented for settlement to the Hon. , one of the judges of the within named Court, at , N.Y., on at 9:30 a.m. Dated: Mineola, NY LEVINE & GROSSMAN Attorney(s) for Plaintiff(s) 114 Old Country Road Mineola, New York 11501 TO: Attorneys for Defendants 4 of 4