Preview
FILED: WESTCHESTER COUNTY CLERK 03/24/2021 06:02 PM INDEX NO. 64205/2020
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 03/24/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
-----------------------------------------------------------------------X
KEVIN LYNCH as Administrator of the Estate of ROSE Index No. 64205/2020
BOUKNIGHT,
Plaintiffs, NOTICE TO TAKE
DEPOSITION UPON
-against- ORAL EXAMINATION
MONTEFIORE MEDICAL CENTER, GLEN ISLAND
CENTER FOR NURSING AND REHABILITATION and
JOPAL BRONX LLC d/b/a WORKMEN’S CIRCLE
MULTICARE CENTER,
Defendants.
-----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules,
the testimony, upon oral examination of Plaintiff, KEVIN LYNCH, as Administrator of the Estate
of ROSE BOUKNIGHT, deceased, will be taken before a Notary Public who is not an attorney,
or employee of an attorney, for any party or prospective party herein and is not a person who
would be disqualified to act as a juror because of interest or because of consanguinity or affinity
to any party herein, at the Offices of KAUFMAN, BORGEEST & RYAN, LLP located at 1205
Franklin Avenue, Suite 200, Garden City, New York 11530, or a mutually agreed upon location
on the 29th day June, 2021, 10:00 o’clock of the forenoon of that day with respect to evidence
and material necessary in the defense of this action.
That the said person to be examined is required to produce at such examination any and
all documents relative to the claims in the plaintiff’s Verified Complaint, including any notes,
diaries, photographs and written statements pertaining to plaintiff’s allegations in the instant
matter.
7145126
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FILED: WESTCHESTER COUNTY CLERK 03/24/2021 06:02 PM INDEX NO. 64205/2020
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 03/24/2021
To the best of my knowledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Dated: Garden City, New York
March 24, 2021
Yours, etc.,
KAUFMAN BORGEEST & RYAN LLP
_________________________________
By: Gonzalo G. Suarez, Esq.
Attorneys for Defendants
JOPAL BRONX LLC d/b/a WORKMEN’S CIRCLE
MULTICARE CENTER
1205 Franklin Avenue, Suite 200
Garden City, New York 11530
(516) 248-6000
KBR File No: 470.040
TO: SINEL & OLESEN, PLLC
Attorneys for Plaintiff
7 Penn Plaza, 8th Floor
New York, New York 10001
sinelecf@sinellaw.com
(212) 465-1000
Jason D. Turken, Esq.
TURKEN, HEATH & McCAULEY, LLP
Attorneys for Defendant
MONTEFIORE MEDICAL CENTER
84 Business Pak Drive, Suite 307
Armonk, New York 10504
jturken@thmllp.com
(914) 357-8600
Nicole Atlas, Esq.
SHEELEY LLP
Attorneys for Defendant
GLEN ISLAND CENTER FOR NURSING AND REHABILITATION
100 Wall Street, 19th Floor
New York, New York 10005
atlas@sheeleyllp.com
(646) 650-5952
2
7145126
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FILED: WESTCHESTER COUNTY CLERK 03/24/2021 06:02 PM INDEX NO. 64205/2020
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 03/24/2021
AFFIDAVIT OF SERVICE VIA ECF & E-MAIL
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
IIana German, being duly sworn, deposes and says:
That deponent is not a party to this action, is over 18 years of age and resides in Suffolk County,
New York.
24*
That on day of March, 2021, deponent served the within NOTICE TO TAKE DEPOSITION
UPON ORAL EXAMINATION, upon:
VIA ECF & E-MAIL
SINEL & OLESEN, PLLC
Attorneys for Plaintiff
8*
7 Penn Plaza, Floor
New York, New York 10001
sinelecf@sinellaw.com
(212) 465-1000
Jason D. Turken, Esq.
TURKEN, HEATH & McCAULEY, LLP
Attorneys for Defendant
MONTEFIORE MEDICAL CENTER
84 Business Pak Drive, Suite 307
Armonk, New York 10504
iturken@thmilp.com
(914) 357-8600
Nicole Atlas, Esq.
SHEELEY LLP
Attorneys for Defendant
GLEN ISLAND CENTER FOR NURSING AND REHABILITATION
19*
100 Wall Street, Floor
New York, New York 10005
atlas@sheeleyllp.com
(646) 650-5952
allattorneys in thisaction via ECF (electronic court and
filing) by transmitting the same to allattorneys via
E-Mail.
IIana German
Sworn to before me this
24*
day of March, 202 .
Notar Public
NANCY BARBATO
NOTARY PUBLIC, State of New York
No. 018A6024 18
Qualified inWeatchester County
Commission Expires $/8/
6872066
3 of 3
Preview
FILED: WESTCHESTER COUNTY CLERK 03/24/2021 06:02 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 03/24/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER -----------------------------------------------------------------------X KEVIN LYNCH as Administrator of the Estate of ROSE Index No. 64205/2020 BOUKNIGHT, Plaintiffs, NOTICE TO TAKE DEPOSITION UPON -against- ORAL EXAMINATION MONTEFIORE MEDICAL CENTER, GLEN ISLAND CENTER FOR NURSING AND REHABILITATION and JOPAL BRONX LLC d/b/a WORKMEN’S CIRCLE MULTICARE CENTER, Defendants. -----------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, the testimony, upon oral examination of Plaintiff, KEVIN LYNCH, as Administrator of the Estate of ROSE BOUKNIGHT, deceased, will be taken before a Notary Public who is not an attorney, or employee of an attorney, for any party or prospective party herein and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein, at the Offices of KAUFMAN, BORGEEST & RYAN, LLP located at 1205 Franklin Avenue, Suite 200, Garden City, New York 11530, or a mutually agreed upon location on the 29th day June, 2021, 10:00 o’clock of the forenoon of that day with respect to evidence and material necessary in the defense of this action. That the said person to be examined is required to produce at such examination any and all documents relative to the claims in the plaintiff’s Verified Complaint, including any notes, diaries, photographs and written statements pertaining to plaintiff’s allegations in the instant matter. 7145126 1 of 3 FILED: WESTCHESTER COUNTY CLERK 03/24/2021 06:02 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 03/24/2021 To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Dated: Garden City, New York March 24, 2021 Yours, etc., KAUFMAN BORGEEST & RYAN LLP _________________________________ By: Gonzalo G. Suarez, Esq. Attorneys for Defendants JOPAL BRONX LLC d/b/a WORKMEN’S CIRCLE MULTICARE CENTER 1205 Franklin Avenue, Suite 200 Garden City, New York 11530 (516) 248-6000 KBR File No: 470.040 TO: SINEL & OLESEN, PLLC Attorneys for Plaintiff 7 Penn Plaza, 8th Floor New York, New York 10001 sinelecf@sinellaw.com (212) 465-1000 Jason D. Turken, Esq. TURKEN, HEATH & McCAULEY, LLP Attorneys for Defendant MONTEFIORE MEDICAL CENTER 84 Business Pak Drive, Suite 307 Armonk, New York 10504 jturken@thmllp.com (914) 357-8600 Nicole Atlas, Esq. SHEELEY LLP Attorneys for Defendant GLEN ISLAND CENTER FOR NURSING AND REHABILITATION 100 Wall Street, 19th Floor New York, New York 10005 atlas@sheeleyllp.com (646) 650-5952 2 7145126 2 of 3 FILED: WESTCHESTER COUNTY CLERK 03/24/2021 06:02 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 03/24/2021 AFFIDAVIT OF SERVICE VIA ECF & E-MAIL STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) IIana German, being duly sworn, deposes and says: That deponent is not a party to this action, is over 18 years of age and resides in Suffolk County, New York. 24* That on day of March, 2021, deponent served the within NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION, upon: VIA ECF & E-MAIL SINEL & OLESEN, PLLC Attorneys for Plaintiff 8* 7 Penn Plaza, Floor New York, New York 10001 sinelecf@sinellaw.com (212) 465-1000 Jason D. Turken, Esq. TURKEN, HEATH & McCAULEY, LLP Attorneys for Defendant MONTEFIORE MEDICAL CENTER 84 Business Pak Drive, Suite 307 Armonk, New York 10504 iturken@thmilp.com (914) 357-8600 Nicole Atlas, Esq. SHEELEY LLP Attorneys for Defendant GLEN ISLAND CENTER FOR NURSING AND REHABILITATION 19* 100 Wall Street, Floor New York, New York 10005 atlas@sheeleyllp.com (646) 650-5952 allattorneys in thisaction via ECF (electronic court and filing) by transmitting the same to allattorneys via E-Mail. IIana German Sworn to before me this 24* day of March, 202 . Notar Public NANCY BARBATO NOTARY PUBLIC, State of New York No. 018A6024 18 Qualified inWeatchester County Commission Expires $/8/ 6872066 3 of 3