Preview
FILED: KINGS COUNTY CLERK 02/03/2021 03:46 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 02/03/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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NATHANIEL GRAYTON, an Infant, by his mother
and natural guardian, SHERRI SKIDMORE,
NOTICE OF MOTION
Plaintiffs,
– against –
VASUDHA VISWANATHAN, M.D,. CALIXTO
CAZONO, M.D., RAJENDRA BHAYANI, M.D.,
FERNANDO GINEBRA, M.D., SONY LOISEAU, M.D.,
And WYCKOFF HEIGHTS MEDICAL CENTER
Defendants.
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COUNSELORS:
PLEASE TAKE NOTICE, that upon the annexed Affirmation of MATTHEW
REISMAN, dated the 3rd day of February, 2021, and the Exhibits annexed thereto, and upon all
the pleadings and proceedings heretofore had herein, defendants SONY LOISEAU, M.D. and
WYCKOFF HEIGHTS MEDICAL CENTER shall move this Court at the IAS Motion Part of
the Kings County Courthouse located at 360 Adams Street, Brooklyn, New York, on the 15th day
of March, 2021, at 9:30 o’clock in the forenoon of that day, or as soon thereafter as counsel may
be heard, for an Order:
a) Pursuant to CPLR § 3126, dismissing the action in its entirety for plaintiff’s failure to
comply with discovery obligations; or
b) Pursuant to CPLR § 3124, compelling plaintiff to provide all outstanding discovery
within thirty (30) days;
c) In the event plaintiff fails to provide said discovery within thirty (30) days of this
Court’s Order, precluding plaintiff, without need for further motion practice, from
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FILED: KINGS COUNTY CLERK 02/03/2021 03:46 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 02/03/2021
giving and offering any testimony or evidence concerning plaintiff’s claims as to the
outstanding discovery; and
d) For such other and further relief as this Court deems just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR § 2214(b), answering
affirmations, if any, must be served upon the undersigned at least seven (7) days before the return
date of this motion.
Dated: New York, New York
February 3, 2021
Yours, etc.,
ARSHACK, HAJEK & LEHRMAN, PLLC
By:
MATTHEW REISMAN
Attorneys for Defendants
SONY LOIUSEAU, M.D. and
WYCKOFF HEIGHTS
MEDICAL CENTER
Office and P.O. Address
1790 Broadway, Suite 710
New York, New York 10019
(212) 582-6500
TO: LEVINE & GROSSMAN
Attorneys for Plaintiff
114 Old Country Road, #460
Mineola, New York 11501
COSTELLO SHEA & GAFFNEY, LLP
Attorneys for Defendant
VASUDHA VISWANATHAN, M.D.
100 Merrick Road
East Building, Suite 218
Rockville Centre, New York 11570
SCHIAVETTI, CORGAN, DiEDWARDS, WEINBERG & NICHOLSON, LLP
Attorneys for Defendants
CALIXTO CAZANO, M.D. and FERNANDO GINEBRA, M.D.
575 Eighth Avenue – 14th Floor
New York, New York 10018
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NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 02/03/2021
DORF & NELSON, LLP
Attorneys for Defendant
RAJENDRA BHAYANI, M.D.
555 Theodore Fremd Avenue
Rye, New York 10580
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Preview
FILED: KINGS COUNTY CLERK 02/03/2021 03:46 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 02/03/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X Index No.: 508009/2013 NATHANIEL GRAYTON, an Infant, by his mother and natural guardian, SHERRI SKIDMORE, NOTICE OF MOTION Plaintiffs, – against – VASUDHA VISWANATHAN, M.D,. CALIXTO CAZONO, M.D., RAJENDRA BHAYANI, M.D., FERNANDO GINEBRA, M.D., SONY LOISEAU, M.D., And WYCKOFF HEIGHTS MEDICAL CENTER Defendants. -----------------------------------------------------------------------X COUNSELORS: PLEASE TAKE NOTICE, that upon the annexed Affirmation of MATTHEW REISMAN, dated the 3rd day of February, 2021, and the Exhibits annexed thereto, and upon all the pleadings and proceedings heretofore had herein, defendants SONY LOISEAU, M.D. and WYCKOFF HEIGHTS MEDICAL CENTER shall move this Court at the IAS Motion Part of the Kings County Courthouse located at 360 Adams Street, Brooklyn, New York, on the 15th day of March, 2021, at 9:30 o’clock in the forenoon of that day, or as soon thereafter as counsel may be heard, for an Order: a) Pursuant to CPLR § 3126, dismissing the action in its entirety for plaintiff’s failure to comply with discovery obligations; or b) Pursuant to CPLR § 3124, compelling plaintiff to provide all outstanding discovery within thirty (30) days; c) In the event plaintiff fails to provide said discovery within thirty (30) days of this Court’s Order, precluding plaintiff, without need for further motion practice, from 1 of 3 FILED: KINGS COUNTY CLERK 02/03/2021 03:46 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 02/03/2021 giving and offering any testimony or evidence concerning plaintiff’s claims as to the outstanding discovery; and d) For such other and further relief as this Court deems just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR § 2214(b), answering affirmations, if any, must be served upon the undersigned at least seven (7) days before the return date of this motion. Dated: New York, New York February 3, 2021 Yours, etc., ARSHACK, HAJEK & LEHRMAN, PLLC By: MATTHEW REISMAN Attorneys for Defendants SONY LOIUSEAU, M.D. and WYCKOFF HEIGHTS MEDICAL CENTER Office and P.O. Address 1790 Broadway, Suite 710 New York, New York 10019 (212) 582-6500 TO: LEVINE & GROSSMAN Attorneys for Plaintiff 114 Old Country Road, #460 Mineola, New York 11501 COSTELLO SHEA & GAFFNEY, LLP Attorneys for Defendant VASUDHA VISWANATHAN, M.D. 100 Merrick Road East Building, Suite 218 Rockville Centre, New York 11570 SCHIAVETTI, CORGAN, DiEDWARDS, WEINBERG & NICHOLSON, LLP Attorneys for Defendants CALIXTO CAZANO, M.D. and FERNANDO GINEBRA, M.D. 575 Eighth Avenue – 14th Floor New York, New York 10018 2 of 3 FILED: KINGS COUNTY CLERK 02/03/2021 03:46 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 02/03/2021 DORF & NELSON, LLP Attorneys for Defendant RAJENDRA BHAYANI, M.D. 555 Theodore Fremd Avenue Rye, New York 10580 3 of 3