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FILED: NEW YORK COUNTY CLERK 12/05/2022 05:51 PM INDEX NO. 154000/2018
NYSCEF DOC. NO. 247 RECEIVED NYSCEF: 12/05/2022
Betancourt, Van Hemmen, Greco & Kenyon LLC
Attorneys for Defendant
Weeks Marine, Inc.
75 South Broadway - 4th Floor
White Plains, New York 10601
(914) 997-1100
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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DARRYL NOWAK, :
: Index No. 154000/2018
Plaintiff, :
: DEFENDANT WEEKS
-v- : MARINE, INC.’S NOTICE OF
: MOTION TO COMPEL
SEA WOLF MARINE TRANSPORTATION, LLC : DISCOVERY FROM
and WITTICH BROTHERS MARINE, INC., and : PLAINTIFF PURSUANT
WEEKS MARINE, INC. : TO CPLR § 3124
:
Defendants. :
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PLEASE TAKE NOTICE that upon the annexed Affirmation of Ronald Betancourt,
duly affirmed on the 5th day of December, 2022, and the exhibits contained therein, the
undersigned will move this Court on behalf of Defendant, Weeks Marine, Inc., at the New
York State Supreme Court, New York County, Motion Submission Part at 60 Centre Street,
Room 130, New York, NY 10007 at 2:00 pm on the 20th day of December, 2022, or as soon
thereafter as counsel can be heard, for an Order pursuant to CPLR § 3124 compelling
plaintiff to (1) produce duly executed HIPAA medical authorizations allowing the release
of plaintiff’s medical records relating to his 2020 stroke event, including from Bayonne
Medical Center and Kessler Rehabilitation, (2) appear for a neurological independent
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FILED: NEW YORK COUNTY CLERK 12/05/2022 05:51 PM INDEX NO. 154000/2018
NYSCEF DOC. NO. 247 RECEIVED NYSCEF: 12/05/2022
medical examination at a date and time to be determined, (3) appear for his continued
examination before trial on the subject of his medical conditions and care discussed in his
medical records produced since his May 27, 2022 deposition, (4) produce Dr. McMahon’s
2022 report, (5) produce expert disclosure for his liability, vocational, economic and any
other expert(s) plaintiff intends to have testify at trial and (6) for such other, further and
different relief as the Court deems just and proper.
Dated: White Plains, New York
December 5, 2022
BETANCOURT , VAN HEMMEN , GRECO & KENYON LLC
Attorneys for Defendant Weeks Marine, Inc.
By s/ Ronald Betancourt
Ronald Betancourt
75 South Broadway - 4th Floor
White Plains, New York 10601
(914) 997-1100
To: MAHONEY & KEANE , LLP
Attorneys for Defendants/Third-party Plaintiffs
61 Broadway, Suite 905
New York, New York 10005
NAPOLI SHKOLNIK , PLLC
Attorneys for Plaintiff
360 Lexington Ave, 11th Floor
New York, New York 10017
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Preview
FILED: NEW YORK COUNTY CLERK 12/05/2022 05:51 PM INDEX NO. 154000/2018 NYSCEF DOC. NO. 247 RECEIVED NYSCEF: 12/05/2022 Betancourt, Van Hemmen, Greco & Kenyon LLC Attorneys for Defendant Weeks Marine, Inc. 75 South Broadway - 4th Floor White Plains, New York 10601 (914) 997-1100 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------- X DARRYL NOWAK, : : Index No. 154000/2018 Plaintiff, : : DEFENDANT WEEKS -v- : MARINE, INC.’S NOTICE OF : MOTION TO COMPEL SEA WOLF MARINE TRANSPORTATION, LLC : DISCOVERY FROM and WITTICH BROTHERS MARINE, INC., and : PLAINTIFF PURSUANT WEEKS MARINE, INC. : TO CPLR § 3124 : Defendants. : ----------------------------------------------------------------------- X PLEASE TAKE NOTICE that upon the annexed Affirmation of Ronald Betancourt, duly affirmed on the 5th day of December, 2022, and the exhibits contained therein, the undersigned will move this Court on behalf of Defendant, Weeks Marine, Inc., at the New York State Supreme Court, New York County, Motion Submission Part at 60 Centre Street, Room 130, New York, NY 10007 at 2:00 pm on the 20th day of December, 2022, or as soon thereafter as counsel can be heard, for an Order pursuant to CPLR § 3124 compelling plaintiff to (1) produce duly executed HIPAA medical authorizations allowing the release of plaintiff’s medical records relating to his 2020 stroke event, including from Bayonne Medical Center and Kessler Rehabilitation, (2) appear for a neurological independent 1 of 2 FILED: NEW YORK COUNTY CLERK 12/05/2022 05:51 PM INDEX NO. 154000/2018 NYSCEF DOC. NO. 247 RECEIVED NYSCEF: 12/05/2022 medical examination at a date and time to be determined, (3) appear for his continued examination before trial on the subject of his medical conditions and care discussed in his medical records produced since his May 27, 2022 deposition, (4) produce Dr. McMahon’s 2022 report, (5) produce expert disclosure for his liability, vocational, economic and any other expert(s) plaintiff intends to have testify at trial and (6) for such other, further and different relief as the Court deems just and proper. Dated: White Plains, New York December 5, 2022 BETANCOURT , VAN HEMMEN , GRECO & KENYON LLC Attorneys for Defendant Weeks Marine, Inc. By s/ Ronald Betancourt Ronald Betancourt 75 South Broadway - 4th Floor White Plains, New York 10601 (914) 997-1100 To: MAHONEY & KEANE , LLP Attorneys for Defendants/Third-party Plaintiffs 61 Broadway, Suite 905 New York, New York 10005 NAPOLI SHKOLNIK , PLLC Attorneys for Plaintiff 360 Lexington Ave, 11th Floor New York, New York 10017 2 of 2