Preview
FILED: BRONX COUNTY CLERK 06/25/2021 03:44 PM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 06/25/2021
:FOR USE OF CLERK
NOTE OF ISSUE :
Calendar No. :
Index No. 21169/2011E
SUPREME COURT BRONX COUNTY
__________________________________________________________________x
KELLEY PHILLIPS, NOTICE FOR TRIAL
[X] Trial by jury demanded
Plaintiff, [X] Of all issues
[ ] Of all issues specified
below or attached hereto
-against- Trial without
[ ] jury
Filed by attorney for
plaintiff
DREW SWISS and MONTEFIORE MEDICAL CENTER,
Date Summons Filed: 05/27/2011
Defendants. Date Service completed: 07/08/2011
Date Issue Joined: 07/15/2011
__________________________-_________ ------------X
THERE ARE NO THIRD-PARTY ACTIONS PENDING IN THIS CASE
Special Preference claimed under New Special Rules Justice Assigned:
on the grounds that Plaintiff süste-ed severe, Honorable Judge Mary Ann Brigantti
permanent and protracted personal injuries.
This is not a Class Action Lawsuit
HACH & ROSE, LLP Nature of Action or Special
Attorneys for Plaintiff Proceeding
10*
112 Madison Avenue, Floor
New York, New York 10016 VEHICLE TORT
Tel. 212/779-0057 Personal Injury
O'CoNNORMcGU1NESS CONTE DOYLE OLESON
WATSON & LOFTUS, LLP
Attorneys for Defendant
DREW SWISS
One Barker Avenue, Suite 675
White Plains, NY 10601
(212) 685-8095
HAVKINS ROSENFELD RITZART & VARRIALE, LLP
Attorneys for Defendant
MONTEFIORE MEDICAL CENTER
114 Old Country Road, Suite 300
Mineola, NY 11501
(516) 620-1700
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FILED: BRONX COUNTY CLERK 06/25/2021 03:44 PM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 06/25/2021
Plaintiff Deands: An amount of exceding the jurisdictional limits of all lower court of the State of
New York for the First Cause of Action;
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FILED: BRONX COUNTY CLERK 06/25/2021 03:44 PM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 06/25/2021
Certificate of Readiness for Trial :N.I. Served
:
:on
: :
1- All Pleadings served:
XX Completed Waived Not Required
2- Bill of Particulars served:
XX Completed Waived Not Required
3- Physical examinations:
__XX__Completed Waived Not Required
4- Medical reports exchanged:
_XX__Completed Waived Not Required
5- Appraisal reports exchanged:
___Completed Waived XX Not Required
6- Compliance with the Rules in matrimonial actions
(22 NYCRR 202.16):
Completed Waived XX Not Required
7- Proceedings now known to be necessary completed:
Discovery
XX Completed Waived Not Required
8- There are no outstanding requests for discovery. Pursuaüt to this Court's March 19, 2021 Order, annexed
hereto, Defenda.nts reserved the right to conduct a physical examinâtion of the Plaintiff between June 7, 2021 and
June 18, 2021, such examination has not taken place.
9- There has been a reascñatic to complete the
opportüñity
foregoing proceedings.
10- There has been compliance with any order issued pursuant
to the Pre-Calendar Rules (22 NYCRR 202.12).
11- If a medical malpractice there has been complia1me with
action, any order issued
pursuant to 22 NYCRR 202.56.
12- The case is ready for trial.
Dated: New York, New York
June 24, 2021
Michael A. Ros , SQ. [For]
HACH & ROSE, L.L.P.
Attorneys for Plaintiff
10d1
112 Madison Avenue, Floor
New York, NY 10016
Tel: 212-779-0057
3 of 8
FILED: BRONX COUNTY CLERK 06/25/2021 03:44 PM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 06/25/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
---------------------------------- ------------X
KELLEY PHILLIPS, Index No.: 21169/2011E
Plaintiff,
CERTIFICATE OF
-against- READINESS
DREW SWISS and MONTEF1ORE MEDICAL CENTER,
Defendants.
__________________________________.-----------X
CERTIFICATE OF READINESS
Michael A. Rose, an attorney duly licensed to practice law in the State of New York, hereby
affirms under the penalty of perjury:
A virtual Conference in the above matter was held on March 19, 2021. A copy of said Conference
Order is attached herein.
Examinations Before Trial of Plaintiff and Defendant have been held and completed.
Physical enmhations of Plaintiff have been held. Pursuant to this Court's March 19, 2021 Order,
annexed hereto, Defendants reserved the right to conduct a physical examination of the Plaintiff between June 7,
2021 and June 18, 2021, such examination has not taken place.
All other directives of this Court have been complied with and this case is ready to e placed on
the trial calendar.
Michael A. Rose, ESQ.
Duly affirmed this: June 24, 2021
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FILED: BRONX COUNTY CLERK 06/25/2021 03:44 PM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 06/25/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
_____..__________________________________.-X
KELLEY PHILLIPS, Index No.: 21169/2011E
Plaintiff,
-against- Affirmation of
Compliance
DREW SWISS and MONTEFIORE MEDICAL CENTER,
Defendants.
----- -------- ------------------------------X
Michael A. Rose, an attorney admitted to practice before the Courts of this State affirms the
truth of the following under the penalty of perjury:
1. I am fully familiar with the facts and circumstances of this action based upon a
review of the case file and the investigation materials contained therein.
2. This affirmation is submitted in connection with the filing of the Note of Issue.
Wherefore, plaintiff respectfully requests that the instant matter be promptly placed on the
trial calendar.
Dated: New York, New York
June 24, 2021
Michael A. Rose
5 of 8
FILED: BRONX COUNTY CLERK 06/25/2021 03:44 PM INDEX NO. 21169/2011E
NO. 21169/2011E
INDEX
IF ILED DOC.
NYSCEF : BRONX
NO. 209 COUNTY CLERK 0 4 / 0 6 / 2 0 2 1 10 : 0 0 AM RECEIVED NYSCEF: 06/25/2021
NYSCEF DOC. NO. 207 . RECEIVED NYSCEF: 04/06 1
SUPREME COURT OF THE STATE OF NEW YORK . .
COUNTY OF BRONX, PART
/ /
. Index No.
. -against- Hon. JULIA I. RODRIGUÈZ
p
uStice suprerne court
re rs e
,
The following papers numbered 1 to .were read on this motion (Seq. No. , )
'
for no on .
Notice ofRfetion - Order to Show Cause - E*hibi d Affidavits Annexèd
No(s)
Anpdring Affidavit and Exhibits . s).
At virtual conference on 3/18/2021 with counselors Michael Rose (Plaintiff), Linda
Montes (Drew Swiss) and Gail Ritzert (Montefiore Medical), the court was informed that
Plaintiff's medical deposition (neuro-psych exam) was corrsñêñœd and would be continued,
and that gthorizations were exchanged. Mr. Rose agreed to respond to the post-deposition
Defendants'
demands or before April 16, 2021. After exploration of dates, and upon timely
designafEon of their physicians, it is
ORDERED that Plaintiff be examined between June 7, 2021 and June 18, 2021;
Defendants anticipate that, at a nanimum, they will be designating a spinal surgecñ and
orthopedist. It is further
ORDERED that Plaintiff is granted leave to serve and file her Note of Issue on June
25, 2021, at which time this action shall be removed from DCM to the Pre-Trial Part (PT).
At the conference on 3/18/2021 the parties agreed to continue further discovery, if
necessary, after Plaintiff's filing of the Note of Issue. The parties may email
jirodrig@nycourts.gov for a further conference prior to June 25, 2021,
Counsel may contact Principal Court Attorney Raymond Fernandez at
rfernandezanvcourts.aov and inquire as to their PT calendar date. .
Dated: Hon.
JULIA L RODRIGUEZ, J.S.C.
CHECK ONE.. a CASE DISPóSED IN ITS·ENTIRETY a CASE STILL ACTIVE
OlifON IS......-...*........... a GRANTED. O DENIED a GRANTED IN PART O OTHER
CHÈÛK IF APPROPRIATE . a SETTLE0RDER D SUBMIT ORDER O SCHEDULE APPEARANCE
a PIDUCI OLY APPOINTMENT O ·REFEREE APPOINTMENT
1 of 1
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FILED: BRONX COUNTY CLERK 06/25/2021 03:44 PM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 06/25/2021
STATE OF NEW YORK }
} ss.
COUNTY OF NEW YORK }
Michael A. Rose, duly sworn, deposes and says: depcñeñt is not a party to the action, is over 18
years of age, and resides in Westchester, New York.
On , 2 , deponent served the within NOTE OF ISSUE AND
CERTIFICA E OF READINESS on:
Via NYSCEF
O'CONNOR McGUINESS CONTE DOYLE OLESON
WATSON & LOFTUS, LLP
Attorneys for Defendant
DREW SWISS
One Barker Avenue, Suite 675
White Plains, NY 10601
(212) 685-8095
Via NYSCEF
HAVKINS ROSENFELD RITZART & VARRIALE, LLP
Attorneys for Defendant
MONTEFIORE MEDICAL CENTER
114 Old Country Road, Suite 300
Mineola, NY 11501
(516) 620-1700
Said address(es) designated by said attorney(s) for the purpose by depositing a true copy of same enclosed
in a post paid properly addressed wrapper in an official depository under the exclusive care and custody
of the United States Postal Service within th t te of New York
LMich el A. se
Sworn to before me this
day of (JfA.f. , 20 o .
AMANDA M. LYONS
Notary Public,Stateof New York
Public No. 01LY6346836
otary Qualifiedin Richmond
county
My Comm. Expires August22,
20_
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FILED: BRONX COUNTY CLERK 06/25/2021 03:44 PM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 06/25/2021
---_________________________________,-----------__________________________ _______________
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
KELLEY PHILLIPS,
Plaintiff,
-against-
DREW SWISS and MONTEFIORE MEDICAL CENTER,
Defendants.
NOTE OF ISSUE
____________________________
HACH & ROSE, LLP
Attorneys for Plaintiff
KELLEY PHILLIPS
112 Madison 10* Floor
Avenue,
New York, NY 10016
Tel. (212) 779-0057
Fax. (212) 779-0028
8 of 8
Preview
FILED: BRONX COUNTY CLERK 06/25/2021 03:44 PM INDEX NO. 21169/2011E NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 06/25/2021 :FOR USE OF CLERK NOTE OF ISSUE : Calendar No. : Index No. 21169/2011E SUPREME COURT BRONX COUNTY __________________________________________________________________x KELLEY PHILLIPS, NOTICE FOR TRIAL [X] Trial by jury demanded Plaintiff, [X] Of all issues [ ] Of all issues specified below or attached hereto -against- Trial without [ ] jury Filed by attorney for plaintiff DREW SWISS and MONTEFIORE MEDICAL CENTER, Date Summons Filed: 05/27/2011 Defendants. Date Service completed: 07/08/2011 Date Issue Joined: 07/15/2011 __________________________-_________ ------------X THERE ARE NO THIRD-PARTY ACTIONS PENDING IN THIS CASE Special Preference claimed under New Special Rules Justice Assigned: on the grounds that Plaintiff süste-ed severe, Honorable Judge Mary Ann Brigantti permanent and protracted personal injuries. This is not a Class Action Lawsuit HACH & ROSE, LLP Nature of Action or Special Attorneys for Plaintiff Proceeding 10* 112 Madison Avenue, Floor New York, New York 10016 VEHICLE TORT Tel. 212/779-0057 Personal Injury O'CoNNORMcGU1NESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP Attorneys for Defendant DREW SWISS One Barker Avenue, Suite 675 White Plains, NY 10601 (212) 685-8095 HAVKINS ROSENFELD RITZART & VARRIALE, LLP Attorneys for Defendant MONTEFIORE MEDICAL CENTER 114 Old Country Road, Suite 300 Mineola, NY 11501 (516) 620-1700 1 of 8 FILED: BRONX COUNTY CLERK 06/25/2021 03:44 PM INDEX NO. 21169/2011E NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 06/25/2021 Plaintiff Deands: An amount of exceding the jurisdictional limits of all lower court of the State of New York for the First Cause of Action; 2 of 8 FILED: BRONX COUNTY CLERK 06/25/2021 03:44 PM INDEX NO. 21169/2011E NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 06/25/2021 Certificate of Readiness for Trial :N.I. Served : :on : : 1- All Pleadings served: XX Completed Waived Not Required 2- Bill of Particulars served: XX Completed Waived Not Required 3- Physical examinations: __XX__Completed Waived Not Required 4- Medical reports exchanged: _XX__Completed Waived Not Required 5- Appraisal reports exchanged: ___Completed Waived XX Not Required 6- Compliance with the Rules in matrimonial actions (22 NYCRR 202.16): Completed Waived XX Not Required 7- Proceedings now known to be necessary completed: Discovery XX Completed Waived Not Required 8- There are no outstanding requests for discovery. Pursuaüt to this Court's March 19, 2021 Order, annexed hereto, Defenda.nts reserved the right to conduct a physical examinâtion of the Plaintiff between June 7, 2021 and June 18, 2021, such examination has not taken place. 9- There has been a reascñatic to complete the opportüñity foregoing proceedings. 10- There has been compliance with any order issued pursuant to the Pre-Calendar Rules (22 NYCRR 202.12). 11- If a medical malpractice there has been complia1me with action, any order issued pursuant to 22 NYCRR 202.56. 12- The case is ready for trial. Dated: New York, New York June 24, 2021 Michael A. Ros , SQ. [For] HACH & ROSE, L.L.P. Attorneys for Plaintiff 10d1 112 Madison Avenue, Floor New York, NY 10016 Tel: 212-779-0057 3 of 8 FILED: BRONX COUNTY CLERK 06/25/2021 03:44 PM INDEX NO. 21169/2011E NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 06/25/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------- ------------X KELLEY PHILLIPS, Index No.: 21169/2011E Plaintiff, CERTIFICATE OF -against- READINESS DREW SWISS and MONTEF1ORE MEDICAL CENTER, Defendants. __________________________________.-----------X CERTIFICATE OF READINESS Michael A. Rose, an attorney duly licensed to practice law in the State of New York, hereby affirms under the penalty of perjury: A virtual Conference in the above matter was held on March 19, 2021. A copy of said Conference Order is attached herein. Examinations Before Trial of Plaintiff and Defendant have been held and completed. Physical enmhations of Plaintiff have been held. Pursuant to this Court's March 19, 2021 Order, annexed hereto, Defendants reserved the right to conduct a physical examination of the Plaintiff between June 7, 2021 and June 18, 2021, such examination has not taken place. All other directives of this Court have been complied with and this case is ready to e placed on the trial calendar. Michael A. Rose, ESQ. Duly affirmed this: June 24, 2021 4 of 8 FILED: BRONX COUNTY CLERK 06/25/2021 03:44 PM INDEX NO. 21169/2011E NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 06/25/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____..__________________________________.-X KELLEY PHILLIPS, Index No.: 21169/2011E Plaintiff, -against- Affirmation of Compliance DREW SWISS and MONTEFIORE MEDICAL CENTER, Defendants. ----- -------- ------------------------------X Michael A. Rose, an attorney admitted to practice before the Courts of this State affirms the truth of the following under the penalty of perjury: 1. I am fully familiar with the facts and circumstances of this action based upon a review of the case file and the investigation materials contained therein. 2. This affirmation is submitted in connection with the filing of the Note of Issue. Wherefore, plaintiff respectfully requests that the instant matter be promptly placed on the trial calendar. Dated: New York, New York June 24, 2021 Michael A. Rose 5 of 8 FILED: BRONX COUNTY CLERK 06/25/2021 03:44 PM INDEX NO. 21169/2011E NO. 21169/2011E INDEX IF ILED DOC. NYSCEF : BRONX NO. 209 COUNTY CLERK 0 4 / 0 6 / 2 0 2 1 10 : 0 0 AM RECEIVED NYSCEF: 06/25/2021 NYSCEF DOC. NO. 207 . RECEIVED NYSCEF: 04/06 1 SUPREME COURT OF THE STATE OF NEW YORK . . COUNTY OF BRONX, PART / / . Index No. . -against- Hon. JULIA I. RODRIGUÈZ p uStice suprerne court re rs e , The following papers numbered 1 to .were read on this motion (Seq. No. , ) ' for no on . Notice ofRfetion - Order to Show Cause - E*hibi d Affidavits Annexèd No(s) Anpdring Affidavit and Exhibits . s). At virtual conference on 3/18/2021 with counselors Michael Rose (Plaintiff), Linda Montes (Drew Swiss) and Gail Ritzert (Montefiore Medical), the court was informed that Plaintiff's medical deposition (neuro-psych exam) was corrsñêñœd and would be continued, and that gthorizations were exchanged. Mr. Rose agreed to respond to the post-deposition Defendants' demands or before April 16, 2021. After exploration of dates, and upon timely designafEon of their physicians, it is ORDERED that Plaintiff be examined between June 7, 2021 and June 18, 2021; Defendants anticipate that, at a nanimum, they will be designating a spinal surgecñ and orthopedist. It is further ORDERED that Plaintiff is granted leave to serve and file her Note of Issue on June 25, 2021, at which time this action shall be removed from DCM to the Pre-Trial Part (PT). At the conference on 3/18/2021 the parties agreed to continue further discovery, if necessary, after Plaintiff's filing of the Note of Issue. The parties may email jirodrig@nycourts.gov for a further conference prior to June 25, 2021, Counsel may contact Principal Court Attorney Raymond Fernandez at rfernandezanvcourts.aov and inquire as to their PT calendar date. . Dated: Hon. JULIA L RODRIGUEZ, J.S.C. CHECK ONE.. a CASE DISPóSED IN ITS·ENTIRETY a CASE STILL ACTIVE OlifON IS......-...*........... a GRANTED. O DENIED a GRANTED IN PART O OTHER CHÈÛK IF APPROPRIATE . a SETTLE0RDER D SUBMIT ORDER O SCHEDULE APPEARANCE a PIDUCI OLY APPOINTMENT O ·REFEREE APPOINTMENT 1 of 1 6 of 8 FILED: BRONX COUNTY CLERK 06/25/2021 03:44 PM INDEX NO. 21169/2011E NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 06/25/2021 STATE OF NEW YORK } } ss. COUNTY OF NEW YORK } Michael A. Rose, duly sworn, deposes and says: depcñeñt is not a party to the action, is over 18 years of age, and resides in Westchester, New York. On , 2 , deponent served the within NOTE OF ISSUE AND CERTIFICA E OF READINESS on: Via NYSCEF O'CONNOR McGUINESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP Attorneys for Defendant DREW SWISS One Barker Avenue, Suite 675 White Plains, NY 10601 (212) 685-8095 Via NYSCEF HAVKINS ROSENFELD RITZART & VARRIALE, LLP Attorneys for Defendant MONTEFIORE MEDICAL CENTER 114 Old Country Road, Suite 300 Mineola, NY 11501 (516) 620-1700 Said address(es) designated by said attorney(s) for the purpose by depositing a true copy of same enclosed in a post paid properly addressed wrapper in an official depository under the exclusive care and custody of the United States Postal Service within th t te of New York LMich el A. se Sworn to before me this day of (JfA.f. , 20 o . AMANDA M. LYONS Notary Public,Stateof New York Public No. 01LY6346836 otary Qualifiedin Richmond county My Comm. Expires August22, 20_ 7 of 8 FILED: BRONX COUNTY CLERK 06/25/2021 03:44 PM INDEX NO. 21169/2011E NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 06/25/2021 ---_________________________________,-----------__________________________ _______________ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX KELLEY PHILLIPS, Plaintiff, -against- DREW SWISS and MONTEFIORE MEDICAL CENTER, Defendants. NOTE OF ISSUE ____________________________ HACH & ROSE, LLP Attorneys for Plaintiff KELLEY PHILLIPS 112 Madison 10* Floor Avenue, New York, NY 10016 Tel. (212) 779-0057 Fax. (212) 779-0028 8 of 8