Motion,Ex Parte: Theresa Robinson, Derek Robinson v. Northwell Health, Inc., Long Island Jewish Medical Center, Deepak Nanda, M.D., P.C., Deepak Nanda M.D., Emmanuel M. Pafos M.D.

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                                (FILED: QUEENS COUNTY CLERK 06/16/2021 01:34 AM INDEX NO. 717964/2018

NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 06/16/2021

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS

THERESA ROBINSON and DEREK ROBINSON,
Index No.: 717964/2018
Plaintiff,
NOTICE OF
-against- MOTION

NORTHWELL HEALTH, INC., LONG ISLAND J EWISH

MEDICAL CENTER, DEEPAK NANDA, M.D., P.C., DEEPAK
NANDA, M.D. and EMMANUEL PAFOS, M.D.,

Defendant.

PLEASE TAKE NOTICE that, upon the annexed affirmations of Avraham
Z. Schwartz, Esq., dated J une 8, 2021, Yanique L. Burke, dated J une 15, 2020,
and the Expert Affirmation of Dr. J ay Stephen Lupin, dated J une 15, 2021, and the
exhibits annexed thereto, and upon all the pleadings and proceedings heretofore
had herein, that defendants, Northwell Health, Inc. and Long Island J ewish Medical
Center, will move this Court, located at 88-11 Sutphin Boulevard, Courtroom 47-
Part MD, J amaica, NY, 11435 on J uly 14, 2021 at 9:30am, or as soon thereafter,
as counsel can be heard, for an Order:

(1) pursuant to CPLR § 214-a, dismissing all of plaintiff's allegations against
NORTHWELL HEALTH, INC. and LONG ISLAND J EWISH MEDICAL CENTER,
relating to the April 12, 2016 admission and delivery on the grounds that the dates
of this admission and treatment is beyond the applicable statute of limitations

without any continuous treatment by the hospital;

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(2) pursuant to CPLR §3211, dismissing all plaintiff's allegations against
NORTHWELL HEALTH, INC., as this entity does not provide medical treatment
and did not treat the plaintiff;

(3) pursuant to CPLR § 3212, granting complete summary judgment,
dismissing plaintiff's complaint against NORTHWELL HEALTH, INC. and LONG
ISLAND J EWISH MEDICAL CENTER

(4) amending the caption to delete NORTHWELL HEALTH, INC. and
LONG ISLAND J EWISH MEDICAL CENTER, as defendants in this action and
severing them from this action;

(5) permitting NORTHWELL HEALTH, INC. and LONG ISLAND J EWISH
MEDICAL CENTER, to enter judgment with a Clerk of the Court and against the
plaintiff with statutory costs and disbursements; together with

(6) such other, further and different relief as this Court may deem just and
necessary.

PLEASE TAKE FURTHER NOTICE that pursuant to CPLR 2214 (b),
answering papers, if any, are to be served upon the undersigned at least seven (7)

days prior to the return date hereof.

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Dated: New York, New York
June 15, 2021

Yours, etc.

AARONSON RAPPAPORT FEINSTEIN
& DEUTSCH, LLP

Y aigel .B ule

YANIQUE L. BURKE
Attorneys for Defendants
NORTHWELL HEALTH, INC. and
LONG ISLAND J EWISH MEDICAL
CENTER
600 Third Avenue
New York, NY 10016
(212) 593-6700/(929)-286-3341

TO: THE PAGLINAWAN LAW FIRM, P.C.
Attorneys for the Plaintiffs
118-21 Queens Boulevard, Suite 501
Forest Hills, NY 11375
(718) -576-2544

RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN LLP
Attorneys for Defendants

DEEPAK NANDA, M.D. and

DEEPAK NANDA, M.D.,P.C.

555 Fifth Avenue, 6" Floor

New York, 10017

(646)-809-3370

GALVANO & XANTHAKIS, P.C.
Attorneys for the Defendant
EMMANUEL PAFOS, M.D.

358 St. Marks Place, Suite 202
Staten Island, NY 10301

(212) 349-5150

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