Preview
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 111 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, NOTICE OF MOTION
-against- Return date: March 2021
15,
VASUSHA VISWANTATHAN, M.D., CALIXTO
CAZANO, M.D., RAJENDRA BHAYANI, M.D.,
FERNANDO GINEBRA, SONY
M.D., LOISEAU,
M.D. and WYCHOFF HEIGHTS MEDICAL CENTER,
Defendants.
¬._________..________ ------------x
PLEASE TAKE NOTICE, that upon the annexed affirmation of Ginette M. Portera, dated
February 157, 2021, and upon all the pleadings and prior proceedings had herein, defendant
RAJENDRA BHAYANI, M.D., by his attorneys the LAW OFFICES OF BENVENUTO &
SLATTERY, will move this court, at the IAS Motion Support Part, Room 227, at the Supreme
Court of 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 a self -executing 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 and
to conduct Dr. Bhayani's deposition within thirty (30) days;
c) In the event plaintiff fails to provide said discovery and conduct Dr. Bhayani's
deposition within thirty (30) days of this Court's Order, precluding plaintiff, without
need for further motion practice, from giving and offering any testimony or evidence
1 of 3
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 02/22/2021
concerning plaintiff's claims as to the outstanding discovery, and precluding plaintiff
from deposing Dr. Bhayani; and
d) For such other and further relief as this Court deems just and proper.
PLEASE TAKE FURTHER NOTICE, that answering papers, if any, must be served upon
the undersigned no less than seven (7) days prior to the return date herein pursuant to CPLR
§2214(b).
Dated: Roslyn, New York
February 22, 2021
Yours, etc.,
LAW OFFICES OF
BENVENUTO & SLATTE Y
By:
G M. Portera, Esq.
A ys for Defendant
RAJENDRA BHAYANI, M.D.
1800 Northern Boulevard
Roslyn, New York 11576
(516) 775-2236
TO: LEVINE & GROSSMAN
Attorneys for Plaintiff
114 Old Country Road
Mineola, New York 11501
(516) 248-7575
COSTELLO, SHEA & GAFFNEY LLP
Attorneys for Defendant
VASUDHA VISWANATHAN, M.D.
44 Wall Street, 11th Floor
New York, New York 10005
(212) 483-9600
ARSHACK, HAJEK & LEHRMAN, PLLC
Attorneys for Defendants
SONY LOISEAU, M.D, and WYCKOFF
HEIGHTS MEDICAL CENTER
1790 Broadway, Suite 710
New York, New York 10019
(212) 582-6500
2
2 of 3
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 02/22/2021
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
(212) 541-9100
3
3 of 3
Preview
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 111 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, NOTICE OF MOTION -against- Return date: March 2021 15, VASUSHA VISWANTATHAN, M.D., CALIXTO CAZANO, M.D., RAJENDRA BHAYANI, M.D., FERNANDO GINEBRA, SONY M.D., LOISEAU, M.D. and WYCHOFF HEIGHTS MEDICAL CENTER, Defendants. ¬._________..________ ------------x PLEASE TAKE NOTICE, that upon the annexed affirmation of Ginette M. Portera, dated February 157, 2021, and upon all the pleadings and prior proceedings had herein, defendant RAJENDRA BHAYANI, M.D., by his attorneys the LAW OFFICES OF BENVENUTO & SLATTERY, will move this court, at the IAS Motion Support Part, Room 227, at the Supreme Court of 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 a self -executing 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 and to conduct Dr. Bhayani's deposition within thirty (30) days; c) In the event plaintiff fails to provide said discovery and conduct Dr. Bhayani's deposition within thirty (30) days of this Court's Order, precluding plaintiff, without need for further motion practice, from giving and offering any testimony or evidence 1 of 3 FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 02/22/2021 concerning plaintiff's claims as to the outstanding discovery, and precluding plaintiff from deposing Dr. Bhayani; and d) For such other and further relief as this Court deems just and proper. PLEASE TAKE FURTHER NOTICE, that answering papers, if any, must be served upon the undersigned no less than seven (7) days prior to the return date herein pursuant to CPLR §2214(b). Dated: Roslyn, New York February 22, 2021 Yours, etc., LAW OFFICES OF BENVENUTO & SLATTE Y By: G M. Portera, Esq. A ys for Defendant RAJENDRA BHAYANI, M.D. 1800 Northern Boulevard Roslyn, New York 11576 (516) 775-2236 TO: LEVINE & GROSSMAN Attorneys for Plaintiff 114 Old Country Road Mineola, New York 11501 (516) 248-7575 COSTELLO, SHEA & GAFFNEY LLP Attorneys for Defendant VASUDHA VISWANATHAN, M.D. 44 Wall Street, 11th Floor New York, New York 10005 (212) 483-9600 ARSHACK, HAJEK & LEHRMAN, PLLC Attorneys for Defendants SONY LOISEAU, M.D, and WYCKOFF HEIGHTS MEDICAL CENTER 1790 Broadway, Suite 710 New York, New York 10019 (212) 582-6500 2 2 of 3 FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 02/22/2021 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 (212) 541-9100 3 3 of 3