Preview
FILED: SUFFOLK COUNTY CLERK 01/16/2020 11:37 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 01/16/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-----------------------------·- -------------X
xxxxxx xxxxxxxx on behalf of C**** Index No.: 026910/12
S*******, an infant under the age of 18, and
xxxxxx xxxxxxxx, Individually, AFFIRMATION
Plaintiffs,
-against-
RONALD J. TADEO, M.D., RICHARD PITCH, M.D.,
SCOTT BERLIN, M.D., SHORE PSYCHIATRIC
CENTER, FAMILY PSYCHOLOGY OF LONG
ISLAND, BERLIN OBGYN ASSOCIATES, JANSSEN
INC. k/n/a ORTHO-MCNEIL-
PHARMACEUTICALS,
JANSSEN PHARMACEUTICALS, INC., and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
_____________________....______________..----........-- ----
X
DENISE DESSEL, ESQ., an attorney duly admitted to practice law before the Courts of
the State of New York, affirms the following statements to be true, under the penalty of perjury:
1. I am a member of the firm of BARTLETT LLP, attorneys for Defendants, SCOTT
BERLIN, M.D., BERLIN OB/GYN ASSOCIATES. As such, I am familiar with the facts and
circumstances of this action by virtue of a review of the file maintained by our office.
Defendants'
2. This affirmation is submitted in support of submission of the attached
Judgment based upon an Order, dated January 13, 2020, awarding summary judgment to Scott
Berlin, M.D. and Berlin OB/GYN Associates pursuant to CPLR § 3212 and dismissing
Plaintiff's Complaint in its entirety.
3. Defendants, SCOTT BERLIN, M.D., and BERLIN OB/GYN ASSOCIATES waive
the submission of a bill of costs in this matter.
4. The Defendants waive all costs and disbursements and hereby request the Judgment
1
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FILED: SUFFOLK COUNTY CLERK 01/16/2020 11:37 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 01/16/2020
be entered accordingly.
Dated: Garden City, New York
January 16, 2020
DENISE A. DESSEL
2
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FILED: SUFFOLK COUNTY CLERK 01/16/2020 11:37 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 01/16/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
---------------------------------------X
xxxxxx xxxxxxxx on behalf of xxxxx
xxxxxxxx, an Infant under the age of 18, and Index No. 026910/2012
xxxxxx xxxxxxxx, Individually,
Plaintiffs,
-against- AFFIRMATION WAIVING COS_TS
RONALD J. TADEO, M.D., RICHARD PITCH, M.D.,
SCOTT BERLIN, M.D., SHORE PSYCHIATRIC
CENTER, FAMILY PSYCHOLOGY OF LONG
ISLAND, BERLIN OBGYN ASSOCIATES, JANSSEN
INC. k/n/a ORTHO-MCNEll-
PHARMACEUTICALS,
JANSSEN PHARMACEUTICALS, INC. and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
-----------------------------------X
KEITH L. KAPLAN, an atterñey duly admitted to practice law before the Courts of the
State of New York, hereby affirms under the penalty of perjury that the following statements are
true upon information and belief:
1. I am a member of the law firm of Kaufman Borgeest & Ryan LLP, attorneys for
the defendant FAMILY PSYCHOLOGY OF LONG ISLAND, P.C. (hereinafter "Family
Psychology") in the above-captioned action, and as such, am fully familiar with the facts and
circumstances of this case based upon a review of the filemaintained by my office for the
defense of the within action.
2. The Judgment this office seeks to enter on behalf of Family Psychology is based
upon an Order, dated January 13, 2020, awarding summary judgment to Family Psychology
pursuant to CPLR §3212 and dismissing Plaintiff's Complaint in itsentirety.
3. This office hereby waives the costs on behalf of Family Psychology allowable
under the CPLR for éñtering judgment which would otherwise be set forth in the Bill of Costs.
Dated: Garden City, New York
January 15, 2020
Keith L. Kaplan, Esq.
6173096
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FILED: SUFFOLK COUNTY CLERK 01/16/2020 11:37 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 01/16/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------------------------ ¬----------------X
xxxxxx xxxxxxxx on behalf of C.S. an Infant
under the age of 18, and xxxxxx xxxxxxxx, Index No.: 026910/12
Individually,
AFFIRMATION
Plaintiffs,
-against-
RONALD J. TADEO, M.D., RICHARD PITCH,
M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC
CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND,
BERLIN OBGYN ASSOCIATES, JANSSEN
PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-
JANSSEN PHARMACEUTICALS, INC. and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
----------------------------------------- ------------------X
ANGELA FABIANO, ESQ., an attorney duly admitted to practice law before the
Courts of the State of New York, affirms the following statements to be true, under the
penalties of perjury:
1. I am a member of the firm of ANGEL & McCARTHY, PLLC, attomeys for
Defendant, RICHARD PITCH, M.D. As such, I am fully familiar with the facts and
circumstances of this matter based upon a review of the file maintained by my office.
Defendants'
2. This affinnation is submitted in support of submission of the attached
judgment.
3. Defendant, RICHARD PITCH, M.D., waives the submission of a bill of costs in this
matter.
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FILED: SUFFOLK COUNTY CLERK 01/16/2020 11:37 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 01/16/2020
4. The Defendant waives all costs and disbursements and hereby requests that
Judgmentbeenteredaccordingly.
Dated: Mineola, New York
January 15, 2020
A GELA FABIANO
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Preview
FILED: SUFFOLK COUNTY CLERK 01/16/2020 11:37 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 01/16/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----------------------------·- -------------X xxxxxx xxxxxxxx on behalf of C**** Index No.: 026910/12 S*******, an infant under the age of 18, and xxxxxx xxxxxxxx, Individually, AFFIRMATION Plaintiffs, -against- RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, JANSSEN INC. k/n/a ORTHO-MCNEIL- PHARMACEUTICALS, JANSSEN PHARMACEUTICALS, INC., and ZYDUS PHARMACEUTICALS USA, INC., Defendants. _____________________....______________..----........-- ---- X DENISE DESSEL, ESQ., an attorney duly admitted to practice law before the Courts of the State of New York, affirms the following statements to be true, under the penalty of perjury: 1. I am a member of the firm of BARTLETT LLP, attorneys for Defendants, SCOTT BERLIN, M.D., BERLIN OB/GYN ASSOCIATES. As such, I am familiar with the facts and circumstances of this action by virtue of a review of the file maintained by our office. Defendants' 2. This affirmation is submitted in support of submission of the attached Judgment based upon an Order, dated January 13, 2020, awarding summary judgment to Scott Berlin, M.D. and Berlin OB/GYN Associates pursuant to CPLR § 3212 and dismissing Plaintiff's Complaint in its entirety. 3. Defendants, SCOTT BERLIN, M.D., and BERLIN OB/GYN ASSOCIATES waive the submission of a bill of costs in this matter. 4. The Defendants waive all costs and disbursements and hereby request the Judgment 1 1 of 5 FILED: SUFFOLK COUNTY CLERK 01/16/2020 11:37 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 01/16/2020 be entered accordingly. Dated: Garden City, New York January 16, 2020 DENISE A. DESSEL 2 2 of 5 FILED: SUFFOLK COUNTY CLERK 01/16/2020 11:37 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 01/16/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------------------X xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx, an Infant under the age of 18, and Index No. 026910/2012 xxxxxx xxxxxxxx, Individually, Plaintiffs, -against- AFFIRMATION WAIVING COS_TS RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, JANSSEN INC. k/n/a ORTHO-MCNEll- PHARMACEUTICALS, JANSSEN PHARMACEUTICALS, INC. and ZYDUS PHARMACEUTICALS USA, INC., Defendants. -----------------------------------X KEITH L. KAPLAN, an atterñey duly admitted to practice law before the Courts of the State of New York, hereby affirms under the penalty of perjury that the following statements are true upon information and belief: 1. I am a member of the law firm of Kaufman Borgeest & Ryan LLP, attorneys for the defendant FAMILY PSYCHOLOGY OF LONG ISLAND, P.C. (hereinafter "Family Psychology") in the above-captioned action, and as such, am fully familiar with the facts and circumstances of this case based upon a review of the filemaintained by my office for the defense of the within action. 2. The Judgment this office seeks to enter on behalf of Family Psychology is based upon an Order, dated January 13, 2020, awarding summary judgment to Family Psychology pursuant to CPLR §3212 and dismissing Plaintiff's Complaint in itsentirety. 3. This office hereby waives the costs on behalf of Family Psychology allowable under the CPLR for éñtering judgment which would otherwise be set forth in the Bill of Costs. Dated: Garden City, New York January 15, 2020 Keith L. Kaplan, Esq. 6173096 3 of 5 FILED: SUFFOLK COUNTY CLERK 01/16/2020 11:37 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 01/16/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------ ¬----------------X xxxxxx xxxxxxxx on behalf of C.S. an Infant under the age of 18, and xxxxxx xxxxxxxx, Index No.: 026910/12 Individually, AFFIRMATION Plaintiffs, -against- RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, JANSSEN PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC. and ZYDUS PHARMACEUTICALS USA, INC., Defendants. ----------------------------------------- ------------------X ANGELA FABIANO, ESQ., an attorney duly admitted to practice law before the Courts of the State of New York, affirms the following statements to be true, under the penalties of perjury: 1. I am a member of the firm of ANGEL & McCARTHY, PLLC, attomeys for Defendant, RICHARD PITCH, M.D. As such, I am fully familiar with the facts and circumstances of this matter based upon a review of the file maintained by my office. Defendants' 2. This affinnation is submitted in support of submission of the attached judgment. 3. Defendant, RICHARD PITCH, M.D., waives the submission of a bill of costs in this matter. 4 of 5 FILED: SUFFOLK COUNTY CLERK 01/16/2020 11:37 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 01/16/2020 4. The Defendant waives all costs and disbursements and hereby requests that Judgmentbeenteredaccordingly. Dated: Mineola, New York January 15, 2020 A GELA FABIANO - 2 - 5 of 5