On May 27, 2011 a
Party Notice
was filed
involving a dispute between
Kelley Phillips,
and
Drew Swiss,
Montefiore Medical Center,
for Tort
in the District Court of Bronx County.
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INDEX NO. 21169/2011E
(FILED: BRONX COUNTY CLERK 1072972014 05:33 PM
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 10/29/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
Fite cas Siete e Suerte RNRRCRTceSeSieeE EER K
KELLEY PHILLIPS, Index No. 21169/11
Plaintiff,
- against - NOTICE OF CROSS-
MOTION
DREW SWISS and MONTEFIORE MEDICAL CENTER,
Defendants.
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een senmwn—amernennnnamncenme
PLEASE TAKE NOTICE, that upon the annexed affirmation of Jinan Monique
Arafat, dated October 28, 2014, and the exhibits annexed thereto, the undersigned will move this
Court at an IAS Motion Support Part, of the Supreme Court, State of New York, County of
Bronx located at 851 Grand Concourse, Bronx, New York at 9:30 a.m., on the 12" day of
November, 2014 or as soon thereafter as counsel can be heard for an Order: (1) pursuant to
CPLR §3126 seeking to dismiss plaintiff's Complaint in its entirety for failure to comply with a
prior Court Order and failing to provide all outstanding discovery and authorizations, including a
Supplemental Bill of Particulars as set forth within the accompanying Affirmation, or,
alternatively, (2) pursuant to CPLR §3124, compelling plaintiff to provide all outstanding
discovery and authorizations and to appear for her continued deposition with respect to liability
and damages upon receipt of all medical records and authorizations, and appear for medical
examination(s) following her continued deposition by a date certain set by the Court upon
penalty of preclusion of evidence at the time of trial for those items for which plaintiff failed to
provide discovery; (3) pursuant to CPLR §3124 compelling defendant DREW SWISS to respond
to all outstanding demands for discovery by a date certain, and (4) granting such other and
further relief as this Honorable Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE that answering papers, if any, must be served
within seven (7) days prior to the return date of this cross-motion
Dated: Mineola, New York
October 28, 2014 Sincerely,
h
HAVKIN s
VARRIALR, L P
By:
|p Mohique Arafat, Esq.
sure for Defendant
MONTENORE MEDICAL CENTER
114 Old County Road, Suite 300
Mineola, New York 11501
(516) 620-1700
File No. 11190-305
TO:
HACH & ROSE, LLP
Attorneys for Plaintiff
KELLEY PHILLIPS
185 Madison Avenue, 14" Floor
New York, New York 10016
(212) 779-0057
O’CONNOR, MCGUINESS, CONTE.
DOYLE & OLESON
Attorneys for Defendant
DREW SWISS
One Barker Avenue, Suite 675
White Plains, New York 10601
(914) 948-4500
Document Filed Date
October 29, 2014
Case Filing Date
May 27, 2011
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INDEX NO. 21169/2011E (FILED: BRONX COUNTY CLERK 1072972014 05:33 PM NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 10/29/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Fite cas Siete e Suerte RNRRCRTceSeSieeE EER K KELLEY PHILLIPS, Index No. 21169/11 Plaintiff, - against - NOTICE OF CROSS- MOTION DREW SWISS and MONTEFIORE MEDICAL CENTER, Defendants. wenennnaneneneanenenanseceqqnennensnansensnaensnasen een senmwn—amernennnnamncenme PLEASE TAKE NOTICE, that upon the annexed affirmation of Jinan Monique Arafat, dated October 28, 2014, and the exhibits annexed thereto, the undersigned will move this Court at an IAS Motion Support Part, of the Supreme Court, State of New York, County of Bronx located at 851 Grand Concourse, Bronx, New York at 9:30 a.m., on the 12" day of November, 2014 or as soon thereafter as counsel can be heard for an Order: (1) pursuant to CPLR §3126 seeking to dismiss plaintiff's Complaint in its entirety for failure to comply with a prior Court Order and failing to provide all outstanding discovery and authorizations, including a Supplemental Bill of Particulars as set forth within the accompanying Affirmation, or, alternatively, (2) pursuant to CPLR §3124, compelling plaintiff to provide all outstanding discovery and authorizations and to appear for her continued deposition with respect to liability and damages upon receipt of all medical records and authorizations, and appear for medical examination(s) following her continued deposition by a date certain set by the Court upon penalty of preclusion of evidence at the time of trial for those items for which plaintiff failed to provide discovery; (3) pursuant to CPLR §3124 compelling defendant DREW SWISS to respond to all outstanding demands for discovery by a date certain, and (4) granting such other and further relief as this Honorable Court may deem just and proper. PLEASE TAKE FURTHER NOTICE that answering papers, if any, must be served within seven (7) days prior to the return date of this cross-motion Dated: Mineola, New York October 28, 2014 Sincerely, h HAVKIN s VARRIALR, L P By: |p Mohique Arafat, Esq. sure for Defendant MONTENORE MEDICAL CENTER 114 Old County Road, Suite 300 Mineola, New York 11501 (516) 620-1700 File No. 11190-305 TO: HACH & ROSE, LLP Attorneys for Plaintiff KELLEY PHILLIPS 185 Madison Avenue, 14" Floor New York, New York 10016 (212) 779-0057 O’CONNOR, MCGUINESS, CONTE. DOYLE & OLESON Attorneys for Defendant DREW SWISS One Barker Avenue, Suite 675 White Plains, New York 10601 (914) 948-4500