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FILED: KINGS COUNTY CLERK 12/03/2018 01:26 PM INDEX NO. 521463/2016
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 12/03/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
__________ ___________________________________------------------------X
REGINA CAVER, as Administrator of the Estate of
GIRDINE CAVER a/k/a GIRDINE CAVER
VILLARROEL, Deceased,
Plaintiff,
Index # 521463/2016
-against-
NOTICE OF MOTION
THE NEW YORK METHODIST HOSPITAL AND
1"
HENRY TISCHLER, M.D., "Jane/John Doe No.
12"
through "John/Jane Doe No. the last twelve names
being fictitious, their true names being unknown to
plaintiff, the persons intended being the doctors, therapists,
registered nurses, licensed practical nurses, nurses aides,
employees and other agents of Defendant THE NEW
YORK METHODIST HOSPITAL who treated or had a
duty toward Plaintiff's decedent during the period of
Plaintiff's decedent's hospitalization therein from March 4,
2014 through March 11, 2014,
Defendants.
___________________________---______________________________..-------X
PLEASE TAKE NOTICE, that upon the annexed Affirmation of Miller K. Blalock, Esq.,
dated December 3, 2018 and the Exhibits attached thereto, and upon all prior proceedings
heretofore had herein, the undersigned on behalf of Defendants NEW YORK-
PRESBYTERIAN/BROOKLYN METHODIST HOSPITAL s/h/a THE NEW YORK
METHODIST HOSPITAL and HENRY TISCHLER, M.D., will move this Court at the Supreme
8th
Court of Kings County, Civil Term, at 360 Adams Street, Brooklyn, New York 11201, on the
day of January, 2019, at 9:30 in the forenoon of that day, or as soon thereafter as counsel may be
heard for an order:
(a) Pursuant to 22 N.Y.C.R.R. 202.21(e), vacating Plaintiff's Note of
Issue and Certificate of Readiness and striking this action from the
trial calendar on the grounds that there remains outstanding
discovery to be completed prior to and in preparation for trial;
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FILED: KINGS COUNTY CLERK 12/03/2018 01:26 PM INDEX NO. 521463/2016
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 12/03/2018
Defendants'
(b) Pursuant to CPLR § 3212(a) extending time to move
for summary judgment until 120 days from the completion of all
discovery; and
(c) For such other and further relief as this Court deems just and proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR § 2214(b), responding
papers, if any, are to be served upon the undersigned no later than seven (7) days prior to the return
date of this motion.
Dated: New York, New York
December 3, 2018
Yours, etc.
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
By:
Miller K. ock, Esq.
Attorneys for Defendants
NEW YORK-PRESBYTERIAN/BROOKLYN
METHODIST HOSPITAL s/h/a THE NEW YORK
METHODIST HOSPITAL and HENRY TISCHLER, M.D.
150 East 42nd Street
New York, New York 10007
(212) 490-3000
File No. 25110.00141
TO: CYE E. ROSS
Attorney for Plaintiff
30 Vesey Street, Suite 1800
New York, NY 10007
(212) 732-0843
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FILED: KINGS COUNTY CLERK 12/03/2018 01:26 PM INDEX NO. 521463/2016 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 12/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS __________ ___________________________________------------------------X REGINA CAVER, as Administrator of the Estate of GIRDINE CAVER a/k/a GIRDINE CAVER VILLARROEL, Deceased, Plaintiff, Index # 521463/2016 -against- NOTICE OF MOTION THE NEW YORK METHODIST HOSPITAL AND 1" HENRY TISCHLER, M.D., "Jane/John Doe No. 12" through "John/Jane Doe No. the last twelve names being fictitious, their true names being unknown to plaintiff, the persons intended being the doctors, therapists, registered nurses, licensed practical nurses, nurses aides, employees and other agents of Defendant THE NEW YORK METHODIST HOSPITAL who treated or had a duty toward Plaintiff's decedent during the period of Plaintiff's decedent's hospitalization therein from March 4, 2014 through March 11, 2014, Defendants. ___________________________---______________________________..-------X PLEASE TAKE NOTICE, that upon the annexed Affirmation of Miller K. Blalock, Esq., dated December 3, 2018 and the Exhibits attached thereto, and upon all prior proceedings heretofore had herein, the undersigned on behalf of Defendants NEW YORK- PRESBYTERIAN/BROOKLYN METHODIST HOSPITAL s/h/a THE NEW YORK METHODIST HOSPITAL and HENRY TISCHLER, M.D., will move this Court at the Supreme 8th Court of Kings County, Civil Term, at 360 Adams Street, Brooklyn, New York 11201, on the day of January, 2019, at 9:30 in the forenoon of that day, or as soon thereafter as counsel may be heard for an order: (a) Pursuant to 22 N.Y.C.R.R. 202.21(e), vacating Plaintiff's Note of Issue and Certificate of Readiness and striking this action from the trial calendar on the grounds that there remains outstanding discovery to be completed prior to and in preparation for trial; 9461496v.1 1 of 2 FILED: KINGS COUNTY CLERK 12/03/2018 01:26 PM INDEX NO. 521463/2016 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 12/03/2018 Defendants' (b) Pursuant to CPLR § 3212(a) extending time to move for summary judgment until 120 days from the completion of all discovery; and (c) For such other and further relief as this Court deems just and proper. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR § 2214(b), responding papers, if any, are to be served upon the undersigned no later than seven (7) days prior to the return date of this motion. Dated: New York, New York December 3, 2018 Yours, etc. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: Miller K. ock, Esq. Attorneys for Defendants NEW YORK-PRESBYTERIAN/BROOKLYN METHODIST HOSPITAL s/h/a THE NEW YORK METHODIST HOSPITAL and HENRY TISCHLER, M.D. 150 East 42nd Street New York, New York 10007 (212) 490-3000 File No. 25110.00141 TO: CYE E. ROSS Attorney for Plaintiff 30 Vesey Street, Suite 1800 New York, NY 10007 (212) 732-0843 9461496v.1 2 of 2