Preview
FILED: NASSAU COUNTY CLERK 09/27/2022 01:57 PM INDEX NO. 602541/2021
NYSCEF
Calendar DOC. NO. 18
No. (if any) NOTE OF ISSUE RECEIVED NYSCEF: 09/27/2022
For use of clerk
Index No. 602541/2021
SUPREME Court, NASSAU County, N.Y.
Hon. Diccia T. Pineda-Kirwan
THERESA ACOSTA RAIA, Individually, and Name of Judge Assigned
as Administrator, d.b.n. of the Estate of JOHN
RAIA Deceased,
NOTICE FOR TRIAL
XXETrial by jury demanded
Plaintiffs, XXEOf all issues
OOf issues specified below
-against- or attached hereto
CTrial without jury
MOUNT SINAI SOUTH NASSAU, Filed for PLAINTIFF
by attorney
Date summons served 3/18/2021
Defendants. Date service completed 3/18/2021
Date issue joined 5/06/2021
NATURE OF ACTION OR SPECIAL PROCEEDING
XXMTort: CMotor vehicle negligence
XXE Medical malpractice
¡Other Tort
OContract
OContested matrimonial
¡Uncontested matrimonial
¡Tax certiorari
OCondemnation
OOther (not itemized above) specify
¡This action is brought as a class action
DThis is a medical malpractice claim: panel procedures prescribed by
court rules pursuant to Jud. §143-a.
Chave been completed Ohave not been completed
Amount demanded $ Amounts which exceed the jurisdictional limits of all
lower courts which would otherwise have jurisdiction herein.
Other relief
Insurance carrier(s), if known:
Special preference claimed under APPLICABLE RULE
on the ground that plaintiff sustained severe permanent
personal injuries
Levine and
Grossman, Esqs. Dopf, P.C.
Attorney(s) for Plaintiff(s)
Attorney for Defendant
Office & P.O. Address:
440 Ninth Avenue,
114 Old Country Road
16th
NY 11501 FlOOr
Mineola,
Phone No.: (516) 248-7575 New York, NY 10001
NOTE: Clerk will notacceptthis note unless accompanied by a certificate of readiness, or, in a medical malpractice action, unless, where
applicable, the certificate of readiness previously had been filed and the panel procedures prescribed by court rules pursuant to section
148-a of the Judiciary Law have been completed.
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FILED: NASSAU COUNTY CLERK 09/27/2022 01:57 PM INDEX NO. 602541/2021
NYSCEF CERTIFICATE
DOC. NO. 18 OF READINESS FOR TRIAL RECEIVED, NYSCEF: 09/27/2022
For Clerk s Use
(Items 1-7 must be checked)
N.I. served
on
Completed Waived Not
Required
1. AII pleadings served X
2. Bill of particulars X
3. Physical examinations completed X
4. Medical reports exchanged X
5. Appraisal reports exchanged X
6. Compliance with the Rules in matrimonial actions (22 NYCRR 202.16) X
There are outstanding requests for discovery. **See Attached Attorney Affirmation. Discovery has not been
completed. This Note of Issue is being filed pursuant the directives
of the Honorable Diccia T. Pineda-Kirwan
8. There are no outstanding requests for discovery.
9. There has been a reasonable opportunity to complete the foregoing proceedings.
10.There has been compliance with any order issued pursuant to the Precalendar Rules (22 NYCRR 202.12).
11.If a medical malpractice action, there has bee mpliance with any order issued pursuant to 22 NYCRR 202.56.
12.The case is ready for trial.
Dated: September 26, 2022 ....---
Jeffr D. Hummel, ESQ.
LEVINE AND GROSSMAN, ESQS.
Attorney(s) for: PLAINTIFF
Office & P.O. Address 114 Old Road - Suite 460
Country
Mineola, NY 11501 Telephone: (516) 248-7575
State of New York, County of ss.: State of New York, County of
SEE RIDER ANNEXED FOR AFFIDAVIT OF SERVICE ss.:
being duly sworn, deposes and says; that deponent is not a party of the
action, is over 18 years of age and resides at being duly sworn, deposes and says; that deponent is not a party of
the action, is over 18 years of age and resides in
That on the day of
deponent served the within note of issue and certificate of That on the day of deponent served the within note of issue and
readiness on certificate of readiness on attorney(s) for
attorney(s) for the address designated by said attorney(s) for that purpose by
herein, at his office at a true copy of same enclosed in a postpaid properly
depositing
addressed wrapper, in -a post office - official depository under the
during his absence from said office exclusive care and custody of the United States Postal Service within
(a) by then and there leaving a true copy of the same with New York State.
his clerk; partner; person having charge of said office.
(b) and said office being closed, be depositing a true copy of
same, enclosed in a sealed wrapper directed to said attorney(s), in the Sworn to before me on
office letter drop box.
Sworn to before me on
Admission of Service Due service of a note of issue and certificate of readiness, of which the within is a copy,
admitted ,
Attorney(s) for
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FILED: NASSAU COUNTY CLERK 09/27/2022 01:57 PM INDEX NO. 602541/2021
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 09/27/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
________________________________________________________________________x
THERESA ACOSTA RAIA, Index No.: 602541/2021
Plaintiff, ATTORNEY
-against- AFFIRMATION
MOUNT SINAI SOUTH NASSAU,
Defendant.
__________________________________________________________________Ç
JEFFREY D. HUMMEL, an attorney duly admitted to practice law before the courts of the
State of New York, and associated with the firm LEVINE & GROSSMAN, attorneys for Plaintiff,
hereby affirms the following statements to be true under the penalties of perjury:
1. I am fully familiar with the facts and circumstances of this case by virtue of my
review of the file maintained by this office.
2. The following discovery remains outstanding at this time: (1) the non-party
deposition of Brittney DiBella, DO per Plaintiff's subpoena; (2) the deposition(s) of witness(es) on
behalf of Defendant who were previously designated by Plaintiff (to the extent necessary); and (3)
post-deposition demands and responses as per the CPLR.
3. It is respectfully submitted that the parties do not waive their right to the foregoing
discovery by the filing of this Note of Issue as required by this Court's Certification Order.
Dated: Mineola, New York
September 27, 2022 Yours, etc.,
LEVINE & GROSSMAN
A ey for Plaintiff
Jeffrey . Hummel
114 Old Country Road
Mineola, New York 11501
(516) 248-7575
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FILED: NASSAU COUNTY CLERK 09/27/2022 01:57 PM INDEX NO. 602541/2021
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 09/27/2022
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) SS.:
COUNTY OF NASSAU )
Martha Turcios, being duly sworn, deposes and says: That she is over the age of 18 years, is not
a party to this action, and resides in Freeport, New York.
That on September 27, 2022, a true and correct copy of the foregoing NOTE OF ISSUE was
electronically filed using the New York State Courts Electronic Filing ("NYSCEF") system, causing a
notice of electronic filing to be served upon the following counsel of record:
Dopf, P.C.
Attorney for Defendant
440 Ninth Avenue,
16th
PlOOr
New York, NY 10001
Martha Turcios
Sworn to before me this
27th
dñ of Sgtaber 2022
Notary Public
VICTORIAA. BNÜCÖ
NOTARY PUBUC, STATE OF
NEW YORK
Registration No. 01BR6042132
Qualified in Suffolk
County
Commission Expires May 15, 20
4 of 4
Preview
FILED: NASSAU COUNTY CLERK 09/27/2022 01:57 PM INDEX NO. 602541/2021 NYSCEF Calendar DOC. NO. 18 No. (if any) NOTE OF ISSUE RECEIVED NYSCEF: 09/27/2022 For use of clerk Index No. 602541/2021 SUPREME Court, NASSAU County, N.Y. Hon. Diccia T. Pineda-Kirwan THERESA ACOSTA RAIA, Individually, and Name of Judge Assigned as Administrator, d.b.n. of the Estate of JOHN RAIA Deceased, NOTICE FOR TRIAL XXETrial by jury demanded Plaintiffs, XXEOf all issues OOf issues specified below -against- or attached hereto CTrial without jury MOUNT SINAI SOUTH NASSAU, Filed for PLAINTIFF by attorney Date summons served 3/18/2021 Defendants. Date service completed 3/18/2021 Date issue joined 5/06/2021 NATURE OF ACTION OR SPECIAL PROCEEDING XXMTort: CMotor vehicle negligence XXE Medical malpractice ¡Other Tort OContract OContested matrimonial ¡Uncontested matrimonial ¡Tax certiorari OCondemnation OOther (not itemized above) specify ¡This action is brought as a class action DThis is a medical malpractice claim: panel procedures prescribed by court rules pursuant to Jud. §143-a. Chave been completed Ohave not been completed Amount demanded $ Amounts which exceed the jurisdictional limits of all lower courts which would otherwise have jurisdiction herein. Other relief Insurance carrier(s), if known: Special preference claimed under APPLICABLE RULE on the ground that plaintiff sustained severe permanent personal injuries Levine and Grossman, Esqs. Dopf, P.C. Attorney(s) for Plaintiff(s) Attorney for Defendant Office & P.O. Address: 440 Ninth Avenue, 114 Old Country Road 16th NY 11501 FlOOr Mineola, Phone No.: (516) 248-7575 New York, NY 10001 NOTE: Clerk will notacceptthis note unless accompanied by a certificate of readiness, or, in a medical malpractice action, unless, where applicable, the certificate of readiness previously had been filed and the panel procedures prescribed by court rules pursuant to section 148-a of the Judiciary Law have been completed. 1 of 4 FILED: NASSAU COUNTY CLERK 09/27/2022 01:57 PM INDEX NO. 602541/2021 NYSCEF CERTIFICATE DOC. NO. 18 OF READINESS FOR TRIAL RECEIVED, NYSCEF: 09/27/2022 For Clerk s Use (Items 1-7 must be checked) N.I. served on Completed Waived Not Required 1. AII pleadings served X 2. Bill of particulars X 3. Physical examinations completed X 4. Medical reports exchanged X 5. Appraisal reports exchanged X 6. Compliance with the Rules in matrimonial actions (22 NYCRR 202.16) X There are outstanding requests for discovery. **See Attached Attorney Affirmation. Discovery has not been completed. This Note of Issue is being filed pursuant the directives of the Honorable Diccia T. Pineda-Kirwan 8. There are no outstanding requests for discovery. 9. There has been a reasonable opportunity to complete the foregoing proceedings. 10.There has been compliance with any order issued pursuant to the Precalendar Rules (22 NYCRR 202.12). 11.If a medical malpractice action, there has bee mpliance with any order issued pursuant to 22 NYCRR 202.56. 12.The case is ready for trial. Dated: September 26, 2022 ....--- Jeffr D. Hummel, ESQ. LEVINE AND GROSSMAN, ESQS. Attorney(s) for: PLAINTIFF Office & P.O. Address 114 Old Road - Suite 460 Country Mineola, NY 11501 Telephone: (516) 248-7575 State of New York, County of ss.: State of New York, County of SEE RIDER ANNEXED FOR AFFIDAVIT OF SERVICE ss.: being duly sworn, deposes and says; that deponent is not a party of the action, is over 18 years of age and resides at being duly sworn, deposes and says; that deponent is not a party of the action, is over 18 years of age and resides in That on the day of deponent served the within note of issue and certificate of That on the day of deponent served the within note of issue and readiness on certificate of readiness on attorney(s) for attorney(s) for the address designated by said attorney(s) for that purpose by herein, at his office at a true copy of same enclosed in a postpaid properly depositing addressed wrapper, in -a post office - official depository under the during his absence from said office exclusive care and custody of the United States Postal Service within (a) by then and there leaving a true copy of the same with New York State. his clerk; partner; person having charge of said office. (b) and said office being closed, be depositing a true copy of same, enclosed in a sealed wrapper directed to said attorney(s), in the Sworn to before me on office letter drop box. Sworn to before me on Admission of Service Due service of a note of issue and certificate of readiness, of which the within is a copy, admitted , Attorney(s) for 2 of 4 FILED: NASSAU COUNTY CLERK 09/27/2022 01:57 PM INDEX NO. 602541/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 09/27/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ________________________________________________________________________x THERESA ACOSTA RAIA, Index No.: 602541/2021 Plaintiff, ATTORNEY -against- AFFIRMATION MOUNT SINAI SOUTH NASSAU, Defendant. __________________________________________________________________Ç JEFFREY D. HUMMEL, an attorney duly admitted to practice law before the courts of the State of New York, and associated with the firm LEVINE & GROSSMAN, attorneys for Plaintiff, hereby affirms the following statements to be true under the penalties of perjury: 1. I am fully familiar with the facts and circumstances of this case by virtue of my review of the file maintained by this office. 2. The following discovery remains outstanding at this time: (1) the non-party deposition of Brittney DiBella, DO per Plaintiff's subpoena; (2) the deposition(s) of witness(es) on behalf of Defendant who were previously designated by Plaintiff (to the extent necessary); and (3) post-deposition demands and responses as per the CPLR. 3. It is respectfully submitted that the parties do not waive their right to the foregoing discovery by the filing of this Note of Issue as required by this Court's Certification Order. Dated: Mineola, New York September 27, 2022 Yours, etc., LEVINE & GROSSMAN A ey for Plaintiff Jeffrey . Hummel 114 Old Country Road Mineola, New York 11501 (516) 248-7575 3 of 4 FILED: NASSAU COUNTY CLERK 09/27/2022 01:57 PM INDEX NO. 602541/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 09/27/2022 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) SS.: COUNTY OF NASSAU ) Martha Turcios, being duly sworn, deposes and says: That she is over the age of 18 years, is not a party to this action, and resides in Freeport, New York. That on September 27, 2022, a true and correct copy of the foregoing NOTE OF ISSUE was electronically filed using the New York State Courts Electronic Filing ("NYSCEF") system, causing a notice of electronic filing to be served upon the following counsel of record: Dopf, P.C. Attorney for Defendant 440 Ninth Avenue, 16th PlOOr New York, NY 10001 Martha Turcios Sworn to before me this 27th dñ of Sgtaber 2022 Notary Public VICTORIAA. BNÜCÖ NOTARY PUBUC, STATE OF NEW YORK Registration No. 01BR6042132 Qualified in Suffolk County Commission Expires May 15, 20 4 of 4