On November 22, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Derek Robinson,
Theresa Robinson,
and
Deepak Nanda M.D.,
Deepak Nanda, M.D., P.C.,
Emmanuel M. Pafos M.D.,
Long Island Jewish Medical Center,
Northwell Health, Inc.,
for Torts - Medical, Dental, or Podiatrist Malpractice
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 12/20/2019 05:49 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/20/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------------------------------------------------------------------------X
THERESA ROBINSON and DEREK ROBINSON,
Index No.:
Plaintiffs,
717964/2018
- against -
GOOD FAITH
AFFIRMATION
NORTHWELL HEALTH, INC., LONG ISLAND JEWISH
MEDICAL CENTER, DEEPAK NANDA, M.D., P.C.,
DEEPAK NANDA, M.D., and EMMANUEL M. PAFOS,
M.D.,
Defendants
------------------------------------------------------------------------X
JAMES S. PAGLINAWAN, ESQ., an attorney duly licensed to practice law before the
Courts of the State of New York, hereby affirms the following to be true under the penalties of
perjury:
1. I am an attorney at THE PAGLINAWAN FIRM, P.C., attorneys for the plaintiffs
THERESA ROBINSON and DEREK ROBINSON (hereinafter “Plaintiffs’’), and am fully
familiar with the facts and circumstances of this action. This affirmation is made upon
information and belief, your Affirmant’s source of knowledge being the file maintained by this
office.
2. This Good Faith Affirmation is submitted in support of Plaintiffs’ motion for an
Order : (a) pursuant to CPLR 3124 compelling defendants NORTHWELL HEALTH, INC. and
LONG ISLAND JEWISH MEDICAL CENTER to provide adequate responses to Plaintiffs’
demands within seven days of the order within seven days of the order or be precluded from
introducing, at the time of trial, any and all evidence related to issues of liability and damages;
and (b) for such other and further relief as this Court deems just and proper.
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FILED: QUEENS COUNTY CLERK 12/20/2019 05:49 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/20/2019
3. On July 16, 2019, parties appeared for a preliminary conference (“PC”). The PC
order provides that Defendants shall provide within 30 days responses to Plaintiffs’ discovery
demands and demand for bill of particulars as to affirmative defenses dated July 2, 2019.
4. On December 19, 2019, your Affirmant wrote a good faith letter to Defendants.
All Defendants, except defendants NORTHWELL HEALTH, INC. and LONG ISLAND
JEWISH MEDICAL CENTER, responded to your Affirmant by phone or email. To date,
defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER
have not contacted your Affirmant regarding the outstanding discovery.
5. More than five months after the PC, defendants NORTHWELL HEALTH, INC.
and LONG ISLAND JEWISH MEDICAL CENTER have absolutely not done anything to
comply with the deadlines to respond to Plaintiffs’ demands and to the PC order. They continue
to choose to ignore their obligations despite your Affirmant’s letter.
6. Based on the above, it is clear that Plaintiffs will receive no response from
defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER
without the need for judicial intervention.
WHEREFORE, this Court should grant Plaintiffs’ Motion in its entirety, granting such
other and further relief as this Court may deem just and proper.
Dated: December 20, 2019
Forest Hills, New York
THE PAGLINAWAN FIRM, P.C.
Attorney for plaintiffs THERESA ROBINSON
and DEREK ROBINSON
118-21 Queens Blvd., Suite 501
Forest Hills, NY 11375
(718) 576-2544
BY: _______________________
JAMES S. PAGLINAWAN
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Document Filed Date
December 20, 2019
Case Filing Date
November 22, 2018
Category
Torts - Medical, Dental, or Podiatrist Malpractice
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FILED: QUEENS COUNTY CLERK 12/20/2019 05:49 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/20/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------------------X THERESA ROBINSON and DEREK ROBINSON, Index No.: Plaintiffs, 717964/2018 - against - GOOD FAITH AFFIRMATION NORTHWELL HEALTH, INC., LONG ISLAND JEWISH MEDICAL CENTER, DEEPAK NANDA, M.D., P.C., DEEPAK NANDA, M.D., and EMMANUEL M. PAFOS, M.D., Defendants ------------------------------------------------------------------------X JAMES S. PAGLINAWAN, ESQ., an attorney duly licensed to practice law before the Courts of the State of New York, hereby affirms the following to be true under the penalties of perjury: 1. I am an attorney at THE PAGLINAWAN FIRM, P.C., attorneys for the plaintiffs THERESA ROBINSON and DEREK ROBINSON (hereinafter “Plaintiffs’’), and am fully familiar with the facts and circumstances of this action. This affirmation is made upon information and belief, your Affirmant’s source of knowledge being the file maintained by this office. 2. This Good Faith Affirmation is submitted in support of Plaintiffs’ motion for an Order : (a) pursuant to CPLR 3124 compelling defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER to provide adequate responses to Plaintiffs’ demands within seven days of the order within seven days of the order or be precluded from introducing, at the time of trial, any and all evidence related to issues of liability and damages; and (b) for such other and further relief as this Court deems just and proper. 1 of 2 FILED: QUEENS COUNTY CLERK 12/20/2019 05:49 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/20/2019 3. On July 16, 2019, parties appeared for a preliminary conference (“PC”). The PC order provides that Defendants shall provide within 30 days responses to Plaintiffs’ discovery demands and demand for bill of particulars as to affirmative defenses dated July 2, 2019. 4. On December 19, 2019, your Affirmant wrote a good faith letter to Defendants. All Defendants, except defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER, responded to your Affirmant by phone or email. To date, defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER have not contacted your Affirmant regarding the outstanding discovery. 5. More than five months after the PC, defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER have absolutely not done anything to comply with the deadlines to respond to Plaintiffs’ demands and to the PC order. They continue to choose to ignore their obligations despite your Affirmant’s letter. 6. Based on the above, it is clear that Plaintiffs will receive no response from defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER without the need for judicial intervention. WHEREFORE, this Court should grant Plaintiffs’ Motion in its entirety, granting such other and further relief as this Court may deem just and proper. Dated: December 20, 2019 Forest Hills, New York THE PAGLINAWAN FIRM, P.C. Attorney for plaintiffs THERESA ROBINSON and DEREK ROBINSON 118-21 Queens Blvd., Suite 501 Forest Hills, NY 11375 (718) 576-2544 BY: _______________________ JAMES S. PAGLINAWAN 2 of 2