On November 06, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Kevin Lynch
As Administrator Of The Estate Of Rose Bouknight,
and
Glen Island Center For Nursing And Rehabilitation And,
Jopal Bronx Llc
D B A Workmen'S Circle Multicare Center,
Montefiore Medical Center,
for Torts - Medical, Dental, or Podiatrist Malpractice
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 10/30/2022 08:25 PM INDEX NO. 64205/2020
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 10/30/2022
a
EXHIBIT E
FILED: WESTCHESTER COUNTY CLERK 11/09/2020
10/30/2022 04:00
08:25 PM INDEX NO. 64205/2020
NYSCEF DOC. NO. 3
96 RECEIVED NYSCEF: 11/09/2020
10/30/2022
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,
Bronx Index No.: 26889/2020E
Plaintiffs,
NOTICE OF MOTION TO
-against- CHANGE VENUE
MONTEFIORE MEDICAL CENTER, GLEN ISLAND Return Date: 12/9/20
CENTER FOR NURSING AND REHABILITATION and
JOPAL BRONX LLC d/b/a WORKMEN’S CIRCLE
MULTICARE CENTER,
Defendants,
---------------------------------------------------------------------------X
PLEASE TAKE NOTICE, that upon the annexed Affirmation of GONZALO G. SUAREZ
dated November 9, 2020, the exhibits annexed hereto and upon all the pleadings and
proceedings hereinbefore had herein, the undersigned willmove this Court, before the Motion
Support Office, at Supreme Court of the State of New York, County of Westchester, located at
111 Dr. Martin Luther King Jr. Boulevard, White Plains, New York 10601 on the 9th day of
December, 2020, at 9:30 o’clock in the forenoon of that day or as soon thereafter as counsel
may be heard, on behalf of Defendants JOPAL BRONX, LLC d/b/a WOMAN’S CIRCLE
MULTICARE CENTER (hereinafter “JOPAL”), for an Order:
a. Pursuant to CPLR §§ 501, 510(1) and 511(b) directing a change
of venue from Supreme Court, Bronx County to Supreme Court,
Westchester County, pursuant to a written agreement; and
b. For such other and further relief as this Honorable Court may
deem just and proper.
PLEASE TAKE FURTHER NOTICE, that answering affidavits, ifany, are to be served
upon the undersigned no later than seven (7) days prior to the return date of this Motion
pursuant to CPLR §2214(b).
6823676
1 of 2
FILED: WESTCHESTER COUNTY CLERK 11/09/2020
10/30/2022 04:00
08:25 PM INDEX NO. 64205/2020
NYSCEF DOC. NO. 3
96 RECEIVED NYSCEF: 11/09/2020
10/30/2022
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
November 9, 2020
Yours, etc.,
KAUFMAN BORGEEST & RYAN LLP
_______________________________
By: Gonzalo G. Suarez, Esq.
Attorneys for Defendant
JOPAL BRONX, LLC
d/b/a WOMAN’S CIRCLE MULTICARE CENTER
1205 Franklin Avenue, Suite 200
Garden City, New York 11530
(516) 248-6000
Our File No.: 470.040
TO: SINEL & OLESEN, PLLC
Attorneys for Plaintiff
7 Penn Plaza, 8th Floor
New York, New York 10001
(212) 465-1000
MONTEFIORE MEDICAL CENTER
111 E 210th Street
Bronx, NY 10467
GLEN ISLAND CENTER FOR NURSING AND REHABILITATION
490 Pelham Road
New Rochelle, NY 10805
2
6823676
2 of 2
Document Filed Date
October 30, 2022
Case Filing Date
November 06, 2020
Category
Torts - Medical, Dental, or Podiatrist Malpractice
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Preview
FILED: WESTCHESTER COUNTY CLERK 10/30/2022 08:25 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 10/30/2022 a EXHIBIT E FILED: WESTCHESTER COUNTY CLERK 11/09/2020 10/30/2022 04:00 08:25 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 3 96 RECEIVED NYSCEF: 11/09/2020 10/30/2022 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, Bronx Index No.: 26889/2020E Plaintiffs, NOTICE OF MOTION TO -against- CHANGE VENUE MONTEFIORE MEDICAL CENTER, GLEN ISLAND Return Date: 12/9/20 CENTER FOR NURSING AND REHABILITATION and JOPAL BRONX LLC d/b/a WORKMEN’S CIRCLE MULTICARE CENTER, Defendants, ---------------------------------------------------------------------------X PLEASE TAKE NOTICE, that upon the annexed Affirmation of GONZALO G. SUAREZ dated November 9, 2020, the exhibits annexed hereto and upon all the pleadings and proceedings hereinbefore had herein, the undersigned willmove this Court, before the Motion Support Office, at Supreme Court of the State of New York, County of Westchester, located at 111 Dr. Martin Luther King Jr. Boulevard, White Plains, New York 10601 on the 9th day of December, 2020, at 9:30 o’clock in the forenoon of that day or as soon thereafter as counsel may be heard, on behalf of Defendants JOPAL BRONX, LLC d/b/a WOMAN’S CIRCLE MULTICARE CENTER (hereinafter “JOPAL”), for an Order: a. Pursuant to CPLR §§ 501, 510(1) and 511(b) directing a change of venue from Supreme Court, Bronx County to Supreme Court, Westchester County, pursuant to a written agreement; and b. For such other and further relief as this Honorable Court may deem just and proper. PLEASE TAKE FURTHER NOTICE, that answering affidavits, ifany, are to be served upon the undersigned no later than seven (7) days prior to the return date of this Motion pursuant to CPLR §2214(b). 6823676 1 of 2 FILED: WESTCHESTER COUNTY CLERK 11/09/2020 10/30/2022 04:00 08:25 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 3 96 RECEIVED NYSCEF: 11/09/2020 10/30/2022 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 November 9, 2020 Yours, etc., KAUFMAN BORGEEST & RYAN LLP _______________________________ By: Gonzalo G. Suarez, Esq. Attorneys for Defendant JOPAL BRONX, LLC d/b/a WOMAN’S CIRCLE MULTICARE CENTER 1205 Franklin Avenue, Suite 200 Garden City, New York 11530 (516) 248-6000 Our File No.: 470.040 TO: SINEL & OLESEN, PLLC Attorneys for Plaintiff 7 Penn Plaza, 8th Floor New York, New York 10001 (212) 465-1000 MONTEFIORE MEDICAL CENTER 111 E 210th Street Bronx, NY 10467 GLEN ISLAND CENTER FOR NURSING AND REHABILITATION 490 Pelham Road New Rochelle, NY 10805 2 6823676 2 of 2