Party Notice: Kelley Phillips v. Drew Swiss, Montefiore Medical Center

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                                INDEX    NO.    21169/2011E
(FILED:     BRONX COUNTY             CLERK          1072372017            I1:18 AM
NYSCEF   DOC.     NO.   172                                                                               RECEIVED    NYSCEF:        10/23/2017




                SUPREME COURT OF THE STATE OF NEW YORK                                              ECF
                COUNTY OF BRONX
                 I      ee,
                KELLEY PHILLIPS,                                                                    Index No. 21169/11

                                                       Plaintiff,

                                      - against -                                                   NOTICE OF CROSS-
                                                                                                    MOTION

                DREW SWISS and MONTEFIORE MEDICAL CENTER,                                          Return Date: November
                                                                                                    20, 2017

                                                       Defendants.
            FE                                                                               x


                        PLEASE    TAKE    NOTICE,       that upon    the annexed     affirmation         of Susan    B. Boland,

            dated October 19, 2017, 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 20"     day    of

            November, 2017 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 Orders and failing to provide all outstanding discovery and authorizations, as set

            forth within the accompanying            Affirmation, or, alternatively, (2) for an Order precluding

            plaintiff's from testifying as to the particulars demanded by the defendants, or, alternatively, (3)

            pursuant      to CPLR    §3124,   compelling     plaintiff to provide      all outstanding          discovery      and

            authorizations 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; or, alternatively, (3)

            precluding plaintiff from testifying at the time of trial and (4) granting such other and further

            relief as this Honorable Court may deem just and proper.




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INDEX   NO.   21169/2011E
(FILED:     BRONX COUNTY               CLERK      1072372017          I1:18 AM
NYSCEF   DOC.     NO.    172                                                                 RECEIVED     NYSCEF:        10/23/2017




                         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 19, 2017                       Sincerely,

                                                                  HAVKINS   ROSENFELD             RITZERT            &
                                                                  VARRIALE, LLP


                                                           By          L LAL   Susan B. Boland, Esq.
                                                                 Attorneys for Defendant
                                                                  MONTEFIORE MEDICAL CENTER
                                                                  114 Old County Road, Suite 300
                                                                  Mineola, New York 11501
                                                                  (516) 620-1700
                                                                  File No.: 11190-000305


            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




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