On January 09, 2017 a
Motion-Secondary
was filed
involving a dispute between
Risa Morley
Individually And As Parent And Natural Guardian Of Juliette Medina, An Infant Under The Age Of Fourteen Years Old,
and
Ire Crown Rinks, Llc,
Stuyvesant Town-Peter Cooper Village,
The Blackstone Group, Lp,
The Ice At Stuytown,
for Torts - Other Negligence (Premises Liability)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 06/06/2018 05:18 PM INDEX NO. 150239/2017
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/06/2018
STATE OF NEW YORK
SUPREME COURT COUNTY OF NEW YORK
RISA MORLEY, and as parent
Individually and natural ÃFFIDAVIT IN
Guardian of JM, an infant under the
SUPPORT OF
age of fourteen years old, MOTION OF
MATTHEW J. KELLY
. Plaintiffs,
Index No.150239/2017
- against -
BPP ST OWNER, LLC, STUYVESANT
TOWN-PETER COOPER VILLAGE, IRE CROWN
RINKS, LLC and THE ICE AT STUYTOWN,
Defendants.
STATE OF NEW YORK:
SS:
COUNTY OF ALBANY:
1
Matthew J. Kelly, being duly sworn, deposes and says that:
1. I am an attorney and counselor at law duly authorized to practice in the State of New
York.
2. I submit this affidavit in support of the motion of Defendants, BPP ST Owner, LLC
and IRE Crown Rinks, LLC to compel Plaintiffs to provide authorizations for
Defendants to obtain medical records for alltreatment rendered to the infant Plaintiff
I
from birth to the present, as well as birth records and all school records.
3. This action arises out of infant Plaintiff JM's injury of November 8, 2016, while
present at the ice skating rink located at Playground 10 of Stuyvesant Town/Peter
Cooper Village. The Summons, Complaint and Answer are attached hereto
(Exhibit A).
1
1 of 3
FILED: NEW YORK COUNTY CLERK 06/06/2018 05:18 PM INDEX NO. 150239/2017
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/06/2018
4. JM was injured while ice skating. Her injury consisted of a crush injury to the right
Plaintiffs'
thumb as a result of striking the boards alongside the rink. The Bill of
Particulars is attached hereto (Exhibit B). It claims that the plaintiff also suffered
Post-Traumatic Stress Disorder.
5. She was treated for the thumb injury at Bellevue Hospital and released and saw a Dr.
Edward Athanasia.
6. Subsequently, she treated with Roma Timmerman, who is an LCSW. She diagnosed
her with Post-Traumatic Stress Disorder on May 8, 2018. That report is attached
hereto (Exhibit C).
7. That Defendants duly demanded all.prior medical records and birth records for the
plaintiff in order to determine the legitimacy of the claim of Post-Traumatic Stress
Disorder (Exhibit D). This was denied by the plaintiff. The denial was addressed at
a compliance conference on April 11, 2018.
8. Attached hereto (Exhibit E) is an affidavit of a neuropsychologist, Dr. Paula
Zuffante. She advises the records are for her to assess this claim of Post-
necessary
Traurnatic Stress Disorder.
9. The Court should order the authorizations to be provided for all the providers
pediatricians'
including the hospital records for birth of the child, all records from
all'
birth up to the present and allschool records of the infant Plaintiff so that the injury
can be property assessed.
10. That the authorizations and school records are necessary to provide for full and
complete discovery in this matter.
2
2 of 3
FILED: NEW YORK COUNTY CLERK 06/06/2018 05:18 PM INDEX NO. 150239/2017
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/06/2018
Defendants'
WHEREFORÉ, this Court should grant motion, together with such other and
further relief as the Court deems just and proper.
thew J. Kelly, sq.
Sworn to before me this
day of June, 2018.
r
otary Public
PATRICIA A. STRATYSN
State ofN ëW Yor
Nõtary Public,
01ST4639429
No.
Qualified in Albany County
Expires 09-30-2018
Commission
3
3 of 3
Document Filed Date
June 06, 2018
Case Filing Date
January 09, 2017
Category
Torts - Other Negligence (Premises Liability)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 06/06/2018 05:18 PM INDEX NO. 150239/2017 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/06/2018 STATE OF NEW YORK SUPREME COURT COUNTY OF NEW YORK RISA MORLEY, and as parent Individually and natural ÃFFIDAVIT IN Guardian of JM, an infant under the SUPPORT OF age of fourteen years old, MOTION OF MATTHEW J. KELLY . Plaintiffs, Index No.150239/2017 - against - BPP ST OWNER, LLC, STUYVESANT TOWN-PETER COOPER VILLAGE, IRE CROWN RINKS, LLC and THE ICE AT STUYTOWN, Defendants. STATE OF NEW YORK: SS: COUNTY OF ALBANY: 1 Matthew J. Kelly, being duly sworn, deposes and says that: 1. I am an attorney and counselor at law duly authorized to practice in the State of New York. 2. I submit this affidavit in support of the motion of Defendants, BPP ST Owner, LLC and IRE Crown Rinks, LLC to compel Plaintiffs to provide authorizations for Defendants to obtain medical records for alltreatment rendered to the infant Plaintiff I from birth to the present, as well as birth records and all school records. 3. This action arises out of infant Plaintiff JM's injury of November 8, 2016, while present at the ice skating rink located at Playground 10 of Stuyvesant Town/Peter Cooper Village. The Summons, Complaint and Answer are attached hereto (Exhibit A). 1 1 of 3 FILED: NEW YORK COUNTY CLERK 06/06/2018 05:18 PM INDEX NO. 150239/2017 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/06/2018 4. JM was injured while ice skating. Her injury consisted of a crush injury to the right Plaintiffs' thumb as a result of striking the boards alongside the rink. The Bill of Particulars is attached hereto (Exhibit B). It claims that the plaintiff also suffered Post-Traumatic Stress Disorder. 5. She was treated for the thumb injury at Bellevue Hospital and released and saw a Dr. Edward Athanasia. 6. Subsequently, she treated with Roma Timmerman, who is an LCSW. She diagnosed her with Post-Traumatic Stress Disorder on May 8, 2018. That report is attached hereto (Exhibit C). 7. That Defendants duly demanded all.prior medical records and birth records for the plaintiff in order to determine the legitimacy of the claim of Post-Traumatic Stress Disorder (Exhibit D). This was denied by the plaintiff. The denial was addressed at a compliance conference on April 11, 2018. 8. Attached hereto (Exhibit E) is an affidavit of a neuropsychologist, Dr. Paula Zuffante. She advises the records are for her to assess this claim of Post- necessary Traurnatic Stress Disorder. 9. The Court should order the authorizations to be provided for all the providers pediatricians' including the hospital records for birth of the child, all records from all' birth up to the present and allschool records of the infant Plaintiff so that the injury can be property assessed. 10. That the authorizations and school records are necessary to provide for full and complete discovery in this matter. 2 2 of 3 FILED: NEW YORK COUNTY CLERK 06/06/2018 05:18 PM INDEX NO. 150239/2017 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/06/2018 Defendants' WHEREFORÉ, this Court should grant motion, together with such other and further relief as the Court deems just and proper. thew J. Kelly, sq. Sworn to before me this day of June, 2018. r otary Public PATRICIA A. STRATYSN State ofN ëW Yor Nõtary Public, 01ST4639429 No. Qualified in Albany County Expires 09-30-2018 Commission 3 3 of 3