Preview
FILED: NEW YORK COUNTY CLERK 09/27/2022 03:08 PM INDEX NO. 152972/2014
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/27/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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J.F.R., an infant under the age of 14 years, by his father and
natural guardian, EUGENIO M. RAMIREZ, Individually and NOTICE OF MOTION
ROSALBA LUNA, Individually,
Return Date:
Plaintiffs, October 27, 2022
-against- Assigned to: Honorable
John J. Kelley, J.S.C.
RASHMI AMBEWADIKAR, D.D.S., and METROPOLITAN
DENTAL ASSOCIATES, D.D.S., P.C.,
Defendants.
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C O U N S E L O R S:
PLEASE TAKE NOTICE, that upon the annexed affirmation of HENRY SCHWARTZ,
ESQ., duly affirmed that on the 27th day of September, 2022, the exhibits attached thereto, and
upon all of the prior papers and proceedings had herein, Defendant RASHMI AMBEWADIKAR,
D.D.S., by her attorneys, LAW OFFICES OF HENRY SCHWARTZ, will move this Court at
the Motion Submissions Part, Room 130, at the Courthouse in the County of New York, located
at 60 Centre Street, New York, New York 10007, on the 27th day of October, 2022, at 9:30 o’clock
in the forenoon of that day, or as soon thereafter as counsel can be heard for an Order:
• Pursuant to CPLR § 3211 and CPLR § 3212, granting summary judgment
on the issue of liability in favor of Defendant RASHMI
AMBEWADIKAR, D.D.S. and dismissing Plaintiffs’ Complaint as against
said Defendant, on the grounds that there are no triable issues of material
fact regarding dental/medical negligence, dental/medical, lack of informed
consent and loss of consortium, and directing the Clerk of the Court to enter
judgment accordingly;
• Severing the dismissed action as against Defendant RASHMI
AMBEWADIKAR, D.D.S. from the continuing action as against the other
Defendant; and
• For such other, further and different relief as this Court shall deem just and
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FILED: NEW YORK COUNTY CLERK 09/27/2022 03:08 PM INDEX NO. 152972/2014
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/27/2022
proper.
Pursuant to CPLR § 2214(b), answering affidavits, if any, are required to be served
upon the undersigned at least (7) days before the return date of this motion.
Dated: Brooklyn, New York
September 27, 2022
Yours, etc.,
LAW OFFICES OF HENRY SCHWARTZ
___________________________________
By: Henry Schwartz, Esq.
Attorneys for Defendant
RASHMI AMBEWADIKAR, D.D.S.
32 Court Street, Suite 908
Brooklyn, New York 11201
(718) 222-3118
TO: BURNS & HARRIS
Attorneys for Plaintiffs
233 Broadway, 9th Floor
New York, New York 10279
(212) 393-1000
GALLO VITUCCI KLAR, LLP
Attorneys for Defendant
METROPOLITAN DENTAL ASSOCIATES,
D.D.S., P.C.
90 Broad Street, 12th Floor
New York, New York 10004
(212) 683-7100
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Preview
FILED: NEW YORK COUNTY CLERK 09/27/2022 03:08 PM INDEX NO. 152972/2014 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/27/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------------X Index No. 152972/2014 J.F.R., an infant under the age of 14 years, by his father and natural guardian, EUGENIO M. RAMIREZ, Individually and NOTICE OF MOTION ROSALBA LUNA, Individually, Return Date: Plaintiffs, October 27, 2022 -against- Assigned to: Honorable John J. Kelley, J.S.C. RASHMI AMBEWADIKAR, D.D.S., and METROPOLITAN DENTAL ASSOCIATES, D.D.S., P.C., Defendants. ----------------------------------------------------------------------------X C O U N S E L O R S: PLEASE TAKE NOTICE, that upon the annexed affirmation of HENRY SCHWARTZ, ESQ., duly affirmed that on the 27th day of September, 2022, the exhibits attached thereto, and upon all of the prior papers and proceedings had herein, Defendant RASHMI AMBEWADIKAR, D.D.S., by her attorneys, LAW OFFICES OF HENRY SCHWARTZ, will move this Court at the Motion Submissions Part, Room 130, at the Courthouse in the County of New York, located at 60 Centre Street, New York, New York 10007, on the 27th day of October, 2022, at 9:30 o’clock in the forenoon of that day, or as soon thereafter as counsel can be heard for an Order: • Pursuant to CPLR § 3211 and CPLR § 3212, granting summary judgment on the issue of liability in favor of Defendant RASHMI AMBEWADIKAR, D.D.S. and dismissing Plaintiffs’ Complaint as against said Defendant, on the grounds that there are no triable issues of material fact regarding dental/medical negligence, dental/medical, lack of informed consent and loss of consortium, and directing the Clerk of the Court to enter judgment accordingly; • Severing the dismissed action as against Defendant RASHMI AMBEWADIKAR, D.D.S. from the continuing action as against the other Defendant; and • For such other, further and different relief as this Court shall deem just and 1 1 of 2 FILED: NEW YORK COUNTY CLERK 09/27/2022 03:08 PM INDEX NO. 152972/2014 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 09/27/2022 proper. Pursuant to CPLR § 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least (7) days before the return date of this motion. Dated: Brooklyn, New York September 27, 2022 Yours, etc., LAW OFFICES OF HENRY SCHWARTZ ___________________________________ By: Henry Schwartz, Esq. Attorneys for Defendant RASHMI AMBEWADIKAR, D.D.S. 32 Court Street, Suite 908 Brooklyn, New York 11201 (718) 222-3118 TO: BURNS & HARRIS Attorneys for Plaintiffs 233 Broadway, 9th Floor New York, New York 10279 (212) 393-1000 GALLO VITUCCI KLAR, LLP Attorneys for Defendant METROPOLITAN DENTAL ASSOCIATES, D.D.S., P.C. 90 Broad Street, 12th Floor New York, New York 10004 (212) 683-7100 2 2 of 2