On December 17, 2013 a
No Value
was filed
involving a dispute between
Nathaniel Grayton,
Sherri Skidmore,
and
Calixto Cazano Md,
Fernando Ginebra Md,
Rajendra Bhayani Md,
Sony Loiseau Md,
Vasudha Viswanathan Md,
Wyckoff Heights Medical Center,
for Medical Malpractice
in the District Court of Kings County.
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FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 02/22/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_____._____.--------------.---- -----
x
N.G., an Infant, by his Mother and Natural Guardian,
SHERRI SKIDMORE, Index No.: 508009/2013
Plaintiff, AFFIRMATION OF
GOOD FAITH
-against-
VASUSHA VISWANTATHAN, M.D., CALIXTO
CAZANO, M.D., RAJENDRA BHAYANI, M.D.,
FERNANDO GlNEBRA, M.D., SONY LOISEAU,
M.D. and WYCHOFF HEIGHTS MEDICAL CENTER,
Defendants.
GINETTE M. PORTERA, affirms under penalty of perjury as follows:
1. I am an attorney licensed to practice in the State of New York and am an attorney
with the LAW OFFICES OF BENVENUTO & SLATTERY, attorneys for defendant RAJENDRA
BHAYANI, M.D. (hereinafter, "BHAYANI") in the above-captioned case. As such, I am fully
familiar with the facts and relevant to the instant matter.
2. I submit this affirmation pursuant to 22 NYCRR §202.7(a)(2), which requires
counsel to make a good faith effort to resolve discovery disputes before resorting to motion
practice.
Defendants'
3. This affirmation is respectfully submitted in support of Motion to
Dismiss, or in the alternative, pursuant to CPLR §3124, compelling plaintiff to provide all
outwending discovery and also to conduct the deposition of BHAYANI within a thirty (30) day
period, or, if plaintiff failsto abide by a self-exec11ting Order mandating same, preelüding plaintiff
from giving and offering any testimony or evidcacc concerning plaintiff's claims as to the
outstanding discovery and also from deposing BHAYANI.
4. No previous application for the relief requested herein has been made.
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FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 02/22/2021
5. Your affirmant hereby certifies that good faith efforts were made to obtain
outstanding discovery in this matter, namely HIPAA-compliant authorizations to receive updated
medical, school, and collateral source records for the infant-plaintiff, in accordance with the
October 22, 2019 Demand for Authorizations and January 31, 2020 Court Order. Such good faith
efforts included correspondence dated February 5, 2020 and October 9, 2020. Notwithstanding
these efforts, no such discovery has been provided to date.
6. The deposition of BHAYANI was to be held twice in 2019, and each time plaintiff's
counsel busted same on the prior business day. There has been no effort by plaintiff s counsel to
take BHAYANI's deposition since and/or move this case forward, thereby evideñcing bad faith
and willful behavior.
WHEREEFORE, itis respectfully requested that this Court issue an order granting the
relief requested in the motion submitted on behalf of BHAYANI, together with such other and
further relief as this Court deems just and proper.
Dated: Roslyn, New York
February 22, 2021
te M. ortera
2
2 of 2
Document Filed Date
February 22, 2021
Case Filing Date
December 17, 2013
Category
Medical Malpractice
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FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 02/22/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____._____.--------------.---- ----- x N.G., an Infant, by his Mother and Natural Guardian, SHERRI SKIDMORE, Index No.: 508009/2013 Plaintiff, AFFIRMATION OF GOOD FAITH -against- VASUSHA VISWANTATHAN, M.D., CALIXTO CAZANO, M.D., RAJENDRA BHAYANI, M.D., FERNANDO GlNEBRA, M.D., SONY LOISEAU, M.D. and WYCHOFF HEIGHTS MEDICAL CENTER, Defendants. GINETTE M. PORTERA, affirms under penalty of perjury as follows: 1. I am an attorney licensed to practice in the State of New York and am an attorney with the LAW OFFICES OF BENVENUTO & SLATTERY, attorneys for defendant RAJENDRA BHAYANI, M.D. (hereinafter, "BHAYANI") in the above-captioned case. As such, I am fully familiar with the facts and relevant to the instant matter. 2. I submit this affirmation pursuant to 22 NYCRR §202.7(a)(2), which requires counsel to make a good faith effort to resolve discovery disputes before resorting to motion practice. Defendants' 3. This affirmation is respectfully submitted in support of Motion to Dismiss, or in the alternative, pursuant to CPLR §3124, compelling plaintiff to provide all outwending discovery and also to conduct the deposition of BHAYANI within a thirty (30) day period, or, if plaintiff failsto abide by a self-exec11ting Order mandating same, preelüding plaintiff from giving and offering any testimony or evidcacc concerning plaintiff's claims as to the outstanding discovery and also from deposing BHAYANI. 4. No previous application for the relief requested herein has been made. 1 of 2 FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 112 RECEIVED NYSCEF: 02/22/2021 5. Your affirmant hereby certifies that good faith efforts were made to obtain outstanding discovery in this matter, namely HIPAA-compliant authorizations to receive updated medical, school, and collateral source records for the infant-plaintiff, in accordance with the October 22, 2019 Demand for Authorizations and January 31, 2020 Court Order. Such good faith efforts included correspondence dated February 5, 2020 and October 9, 2020. Notwithstanding these efforts, no such discovery has been provided to date. 6. The deposition of BHAYANI was to be held twice in 2019, and each time plaintiff's counsel busted same on the prior business day. There has been no effort by plaintiff s counsel to take BHAYANI's deposition since and/or move this case forward, thereby evideñcing bad faith and willful behavior. WHEREEFORE, itis respectfully requested that this Court issue an order granting the relief requested in the motion submitted on behalf of BHAYANI, together with such other and further relief as this Court deems just and proper. Dated: Roslyn, New York February 22, 2021 te M. ortera 2 2 of 2