Preview
FILED: YATES COUNTY CLERK 02/08/2023 08:57 AM INDEX NO. 2020-5102
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 02/08/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF YATES
NADINE KHOUZAM CHAWLA,AS
EXECUTRIX OF THE ESTATE OF
MAGDA G.DAOUD KHOUZAM,
Plaintiff,
vs.
Index No. 2020-5102
SOLDIERS & SAILORS MEMORIAL HOSPITAL
OF YATES COUNTY,
STEPHANIE ACHILLES,MD,
MARIA Y. BATLLE-QUIDGLEY,MD,and
JANE DOE,
Defendants.
NOTICE OF MOTION
MOTION BY: ZIFF LAW FIRM,LLP
Attorneys for Plaintiffs
DATE,TIME AND
PLACE OF HEARING: February 21,2023, at 2:00 p.m. or as soon thereafter as
counsel can be heard at the Supreme Court, Yates County
Court House, Penn Yan, NY.
RELIEF REQUESTED: An Order pursuant to CPLR § 2302(b), CPLR § 2304 and
45 CFR 164.512(e)(l)(i) for a subpoena duces tecum for
the records of defendant Soldiers & Sailors Memorial
Hospital of Yates County regarding treatment of non-party
patient Paul Khouzam, upon such conditions to be fixed by
the Court for notice to the non-party patient and the
consideration to the interests ofjustice pursuant to Mental
Hygiene Law § 33.13(c)(1).
SUPPORTING PAPERS: Affidavit of Michael D. Brown, Esq., dated February 10,
2023, with Exhibits.
Motion to Compel
1 of 5
FILED: YATES COUNTY CLERK 02/08/2023 08:57 AM INDEX NO. 2020-5102
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 02/08/2023
RESPONDING PAPERS: Pursuant to CPLR § 2214, responsive papers, if any, are to
be served at least seven 7) days prior to the return date of
this motion.
Dated: February 8, 2023
MICHAEL D. BROWN, ESQ
ZIFF LAW FIRM, LLP
Attorneys for Plaintiff
303 William Street
Elmira, NY 14901
Telephone: (607) 733-8866
Fax: (607) 732-6062
TO: Yates County Supreme Court
cc: Thomas M. Bernacki, Esq.
Hirsch & Tubiolo
Attorneys for Defendant Soldiers & Sailors
and FL Health Foundation
1000 Reynolds Arcade Building
16 Main Street
Rochester, New York 14614
Aaron M. Depaolo, Esq.
O'Connor, O'Connor, Bresee & First, PC
Attorneys for Defendant Achilles
20 Corporate Woods Boulevard
Albany, NY 12211
Margaret J. Fowler, Esq.
Levene, Gouldin & Thompson, LLP
Attorneys for Defendant Battle-Quidley
PO Box F-1706
Binghamton, NY 13902
Motion to Compel
2 of 5
FILED: YATES COUNTY CLERK 02/08/2023 08:57 AM INDEX NO. 2020-5102
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 02/08/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF YATES
NADINE KHOUZAM CHAWLA, AS
EXECUTRIX OF THE ESTATE OF
MAGDA G. DAOUD KHOUZAM,
Plaintiff,
vs.
Index No. 2020-5102
SOLDIERS & SAILORS MEMORIAL HOSPITAL
OF YATES COUNTY,
STEPHANIE ACHILLES, MD,
MARIA Y. BATLLE-QUIDGLEY, MD, and
JANE DOE,
Defendants.
ATTORNEY AFFIRMATION
Michael D. Brown, Esq., being duly sworn, deposes and says:
1. I am a partner in the Ziff Law Firm, LLP, attorneys of record for plaintiff, and as
such am fully familiar with the facts and circumstances surrounding this matter.
2. I submit this Affirmation in support of the present motion on behalf of defendants
Dr. Stephanie Achilles and Dr. Maria Y. Batlle-Quigley for an Order pursuant to CPLR §
2302(b), CPLR § 2304 and 45 CFR 164.512(e)(1)(i) for a subpoena duces tecum for the records
of defendant Soldiers & Sailors Memorial Hospital of Yates treatment of non-
County regarding
patient Paul upon such conditions to be fixed the Court for notice to the non-
party Khouzam, by
party patient and the consideration to the interests of justice pursuant to Mental Hygiene Law §
33.13(c)(1).
3. This is an action to recover damages for the wrongful death of Magda G. Daoud
Motion to Compel
3 of 5
FILED: YATES COUNTY CLERK 02/08/2023 08:57 AM INDEX NO. 2020-5102
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 02/08/2023
Khouzam because of negligent medical treatment rendered by defendants to Paul Khouzam,
defendants'
decedent's son. Due to failure to carefully evaluate and provide proper psychiatric
defendants'
care and treatment to Mr. Kouzam, Mr. Khouzam was discharged from care and then
went immediately to his mother's premises where he violently bludgeoned her to death.
4. Paul Khouzam is currently incarcerated at Wende Correctional Facility in Alden,
Yates County, New York.
5. Plaintiff joins and adopts the arguments set forth in the January 5, 2023,
affirmation and memorandum of law of Margaret J. Fowler, Esq., counsel for defendant Dr.
Maria Y. Batlle-Quigley in support of the instant motion for a subpoena duces tecum for the
records of defendants Solders & Sailors Memorial Hospital of Yates County regarding treatment
of Paul Khouzam.
6. Plaintiff joins and adopts the arguments set forth in the January 31, 2023,
affirmation of Emily A. Phillips, Esq., counsel for defendant Dr. Stephanie Achilles, in further
support of the instant motion for a subpoena duces tecum for the records of defendants Soldier &
Sailors Memorial Hospital of Yates County regarding treatment of Paul Khouzam.
7. There is no question the medical records of Paul Khouzam are central to standard
of care and causation issues, requiring all parties to have a complete and accurate set.
8. Paul Khouzam's family members have verbally requested a duly executed HIPAA
Authorization from Mr. Khouzam several times since the commencement of this lawsuit, all
without success.
9. On November 9, 2022, my office served Paul Khouzam with a Subpoena Duces
Tecum (Exhibit A). As of this date, Mr. Khouzam has not complied with or responded to that
Subpoena.
Motion to Compel
4 of 5
FILED: YATES COUNTY CLERK 02/08/2023 08:57 AM INDEX NO. 2020-5102
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10. The interests of justice outweigh confidentiality in this case, where a fact finder
will need to determine if the health care providers acted properly.
WHEREFORE, it is respectfully requested that the Court issue an Order requiring
defendant Soldiers and Sailors Memorial Hospital to produce medical, mental health and clinical
records of Paul Khouzam, with notice to the patient and in camera review as the Court deems
appropriate, and such other and further relief as to the Court may appear just and proper.
Michael . Brown, Esq.
Sworn to before me this
8th
day of February, 2023.
Notary Public
KAREN M. WHEADON
State of New York
Notary Public, 01WH6112915
County No.
Chemung
Commission Expires July 12,20
Motion to Compel
5 of 5
Preview
FILED: YATES COUNTY CLERK 02/08/2023 08:57 AM INDEX NO. 2020-5102 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 02/08/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF YATES NADINE KHOUZAM CHAWLA,AS EXECUTRIX OF THE ESTATE OF MAGDA G.DAOUD KHOUZAM, Plaintiff, vs. Index No. 2020-5102 SOLDIERS & SAILORS MEMORIAL HOSPITAL OF YATES COUNTY, STEPHANIE ACHILLES,MD, MARIA Y. BATLLE-QUIDGLEY,MD,and JANE DOE, Defendants. NOTICE OF MOTION MOTION BY: ZIFF LAW FIRM,LLP Attorneys for Plaintiffs DATE,TIME AND PLACE OF HEARING: February 21,2023, at 2:00 p.m. or as soon thereafter as counsel can be heard at the Supreme Court, Yates County Court House, Penn Yan, NY. RELIEF REQUESTED: An Order pursuant to CPLR § 2302(b), CPLR § 2304 and 45 CFR 164.512(e)(l)(i) for a subpoena duces tecum for the records of defendant Soldiers & Sailors Memorial Hospital of Yates County regarding treatment of non-party patient Paul Khouzam, upon such conditions to be fixed by the Court for notice to the non-party patient and the consideration to the interests ofjustice pursuant to Mental Hygiene Law § 33.13(c)(1). SUPPORTING PAPERS: Affidavit of Michael D. Brown, Esq., dated February 10, 2023, with Exhibits. Motion to Compel 1 of 5 FILED: YATES COUNTY CLERK 02/08/2023 08:57 AM INDEX NO. 2020-5102 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 02/08/2023 RESPONDING PAPERS: Pursuant to CPLR § 2214, responsive papers, if any, are to be served at least seven 7) days prior to the return date of this motion. Dated: February 8, 2023 MICHAEL D. BROWN, ESQ ZIFF LAW FIRM, LLP Attorneys for Plaintiff 303 William Street Elmira, NY 14901 Telephone: (607) 733-8866 Fax: (607) 732-6062 TO: Yates County Supreme Court cc: Thomas M. Bernacki, Esq. Hirsch & Tubiolo Attorneys for Defendant Soldiers & Sailors and FL Health Foundation 1000 Reynolds Arcade Building 16 Main Street Rochester, New York 14614 Aaron M. Depaolo, Esq. O'Connor, O'Connor, Bresee & First, PC Attorneys for Defendant Achilles 20 Corporate Woods Boulevard Albany, NY 12211 Margaret J. Fowler, Esq. Levene, Gouldin & Thompson, LLP Attorneys for Defendant Battle-Quidley PO Box F-1706 Binghamton, NY 13902 Motion to Compel 2 of 5 FILED: YATES COUNTY CLERK 02/08/2023 08:57 AM INDEX NO. 2020-5102 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 02/08/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF YATES NADINE KHOUZAM CHAWLA, AS EXECUTRIX OF THE ESTATE OF MAGDA G. DAOUD KHOUZAM, Plaintiff, vs. Index No. 2020-5102 SOLDIERS & SAILORS MEMORIAL HOSPITAL OF YATES COUNTY, STEPHANIE ACHILLES, MD, MARIA Y. BATLLE-QUIDGLEY, MD, and JANE DOE, Defendants. ATTORNEY AFFIRMATION Michael D. Brown, Esq., being duly sworn, deposes and says: 1. I am a partner in the Ziff Law Firm, LLP, attorneys of record for plaintiff, and as such am fully familiar with the facts and circumstances surrounding this matter. 2. I submit this Affirmation in support of the present motion on behalf of defendants Dr. Stephanie Achilles and Dr. Maria Y. Batlle-Quigley for an Order pursuant to CPLR § 2302(b), CPLR § 2304 and 45 CFR 164.512(e)(1)(i) for a subpoena duces tecum for the records of defendant Soldiers & Sailors Memorial Hospital of Yates treatment of non- County regarding patient Paul upon such conditions to be fixed the Court for notice to the non- party Khouzam, by party patient and the consideration to the interests of justice pursuant to Mental Hygiene Law § 33.13(c)(1). 3. This is an action to recover damages for the wrongful death of Magda G. Daoud Motion to Compel 3 of 5 FILED: YATES COUNTY CLERK 02/08/2023 08:57 AM INDEX NO. 2020-5102 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 02/08/2023 Khouzam because of negligent medical treatment rendered by defendants to Paul Khouzam, defendants' decedent's son. Due to failure to carefully evaluate and provide proper psychiatric defendants' care and treatment to Mr. Kouzam, Mr. Khouzam was discharged from care and then went immediately to his mother's premises where he violently bludgeoned her to death. 4. Paul Khouzam is currently incarcerated at Wende Correctional Facility in Alden, Yates County, New York. 5. Plaintiff joins and adopts the arguments set forth in the January 5, 2023, affirmation and memorandum of law of Margaret J. Fowler, Esq., counsel for defendant Dr. Maria Y. Batlle-Quigley in support of the instant motion for a subpoena duces tecum for the records of defendants Solders & Sailors Memorial Hospital of Yates County regarding treatment of Paul Khouzam. 6. Plaintiff joins and adopts the arguments set forth in the January 31, 2023, affirmation of Emily A. Phillips, Esq., counsel for defendant Dr. Stephanie Achilles, in further support of the instant motion for a subpoena duces tecum for the records of defendants Soldier & Sailors Memorial Hospital of Yates County regarding treatment of Paul Khouzam. 7. There is no question the medical records of Paul Khouzam are central to standard of care and causation issues, requiring all parties to have a complete and accurate set. 8. Paul Khouzam's family members have verbally requested a duly executed HIPAA Authorization from Mr. Khouzam several times since the commencement of this lawsuit, all without success. 9. On November 9, 2022, my office served Paul Khouzam with a Subpoena Duces Tecum (Exhibit A). As of this date, Mr. Khouzam has not complied with or responded to that Subpoena. Motion to Compel 4 of 5 FILED: YATES COUNTY CLERK 02/08/2023 08:57 AM INDEX NO. 2020-5102 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 02/08/2023 10. The interests of justice outweigh confidentiality in this case, where a fact finder will need to determine if the health care providers acted properly. WHEREFORE, it is respectfully requested that the Court issue an Order requiring defendant Soldiers and Sailors Memorial Hospital to produce medical, mental health and clinical records of Paul Khouzam, with notice to the patient and in camera review as the Court deems appropriate, and such other and further relief as to the Court may appear just and proper. Michael . Brown, Esq. Sworn to before me this 8th day of February, 2023. Notary Public KAREN M. WHEADON State of New York Notary Public, 01WH6112915 County No. Chemung Commission Expires July 12,20 Motion to Compel 5 of 5