Preview
FILED: SUFFOLK COUNTY CLERK 04/19/2023 09:24 AM INDEX NO. 618130/2020
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 04/19/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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LISA MASI, Individually and as Administrator for Index No.: 618130/2020
the Estate of DONALD MASI,
Plaintiffs, RESPONSE TO NOTICE
TO ADMIT FOR
-against- ROCKHALL FUNDING
THE NURSING CARE CENTER AT MEDFORD,
INC. d/b/a MEDFORD MULTICARE CENTER
FOR LIVING, INC., MEDFORD MULT1CARE
MANAGEMENT COMPANY, LLC, MARTIN
RAUSMAN, NORMAN RAUSMAN, HENRY
RAUSMAN, MICHAEL RAUSMAN
MORDECHAI KLEIN, FELDMAN-MEDFORD
DEVELOPMENT, L.L.C., ROCKHALL
FUNDING CORP., and DAVID E. MARX,
Defendants.
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Defendant, ROCKHALL FUNDING, by their attorneys, as and for a response to
Plaintiff’s Notice to Admit served on January 12, 2023, alleges upon information and belief, as
follows:
1. Defendant objects to this demand as overbroad, vague, privileged, palpably
improper and unduly burdensome. Without waiving said objection, defendant admits that Medford
Multicare Center for the Living is a 320-bed nursing facility located at 3115 Horseblock Road,
Medford, Suffolk County, New York.
2. Defendant objects to this demand as overbroad, vague, privileged, palpably
improper and unduly burdensome. A notice to admit cannot be utilized to seek answers to questions
that are clearly irrelevant to the case. Villa v. New York City Hous. Auth., 107 A.D.2d 619, 620
(1st Dept. 1985). New York courts reject notices to admit when they are used to improperly seek
information that is unrelated to any of the elements of the cause of action. Kashelkar v. Dave, 31
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FILED: SUFFOLK COUNTY CLERK 04/19/2023 09:24 AM INDEX NO. 618130/2020
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 04/19/2023
A.D.3d 341, 341 (1st Dept. 2006); see also Lolly v. Brookdale University Hospital and Medical
Center, 45 A.D.3d 537, 719 (2d Dept. 2007).
3. See Response #2.
4. See Response #2.
5. See Response #2.
6. See Response #2.
PLEASE TAKE NOTICE, that defendants reserve their right to supplement these
responses up to and including the time of trial.
PLEASE TAKE FURTHER NOTICE, that responding to the above demands in no
way constitutes the defendants’ waivers of objection to demands based on the fact that they are
vague, overly broad, non-specific, irrelevant, privileged, prejudicial, unduly burdensome, and
beyond the scope of discovery and the CPLR.
Dated: Garden City, New York
April 19, 2023
Yours, etc.,
VIGORITO, BARKER, PATTERSON,
NICHOLS & PORTER, LLP
By: Angela R. Bonica, Esq.
Angela R. Bonica, Esq.
Attorneys for Defendant
ROCKHALL FUNDING,
300 Garden City Plaza, Suite 100
Garden City, New York 11530
(516) 282-3355
VBPNP File No.: 0118-046
TO: CAMACHO MAURO MULHOLLAND, LLP
Attorneys for Plaintiffs
40 Wall Street, 41st Floor
New York, New York 10005
(212) 947-4999
File No.: PLTY-4552
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FILED: SUFFOLK COUNTY CLERK 04/19/2023 09:24 AM INDEX NO. 618130/2020
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 04/19/2023
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
Janet Katno being duly sworn, deposes and says: that deponent is not a party to the action,
is over 18 years of age and resides in Suffolk County, New York, New York.
That on the 19 day of April, 2023 deponent served the within RESPONSE TO NOTICE
TO ADMIT FOR ROCKHALL FUNDING upon:
CAMACHO MAURO MULHOLLAND, LLP
Attorneys for Plaintiff(s)
40 Wall Street, 41st Floor
New York, New York 10005
(212) 947-4999
File No.: PLTY-4552
by electronically filing same through the NYS Court electronic filing system.
_______________________
Janet Katno
Sworn to before me this
19 th day of April, 2023.
__________________
Notary Public
Nancy D. Werner
Notary Public-State of new York
No. 01WE5056671
Qualified in Nassau County
Commission Expires March 11, 2026
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FILED: SUFFOLK COUNTY CLERK 04/19/2023 09:24 AM INDEX NO. 618130/2020
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 04/19/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK INDEX NO.: 618130/2020
______________________________________________________________________________
LISA MASI, Individually and as Administrator for the Estate of DONALD MASI,
Plaintiff(s),
-against-
THE NURSING CARE CENTER AT MEDFORD, INC. d/b/a MEDFORD
MULTICARE CENTER FOR LIVING, INC., MEDFORD MULT1CARE
MANAGEMENT COMPANY, LLC, MARTIN RAUSMAN, NORMAN RAUSMAN,
HENRY RAUSMAN, MICHAEL RAUSMAN MORDECHAI KLEIN, FELDMAN-
MEDFORD DEVELOPMENT, L.L.C., ROCKHALL FUNDING CORP., and DAVID
E. MARX,
Defendant(s).
______________________________________________________________________________
RESPONSE TO NOTICE TO ADMIT FOR ROCKHALL FUNDING
______________________________________________________________________________
VIGORITO, BARKER, PATTERSON, NICHOLS & PORTER, LLP
Attorneys for Defendant
ROCKHALL FUNDING
300 Garden City Plaza, Suite 100
Garden City, New York 11530
Tel.: (516) 282-3355
VBPNP File No.: 0118-046
______________________________________________________________________________
TO: ALL PARTIES
4 of 4
Preview
FILED: SUFFOLK COUNTY CLERK 04/19/2023 09:24 AM INDEX NO. 618130/2020 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 04/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----------------------------------------------------------------------X LISA MASI, Individually and as Administrator for Index No.: 618130/2020 the Estate of DONALD MASI, Plaintiffs, RESPONSE TO NOTICE TO ADMIT FOR -against- ROCKHALL FUNDING THE NURSING CARE CENTER AT MEDFORD, INC. d/b/a MEDFORD MULTICARE CENTER FOR LIVING, INC., MEDFORD MULT1CARE MANAGEMENT COMPANY, LLC, MARTIN RAUSMAN, NORMAN RAUSMAN, HENRY RAUSMAN, MICHAEL RAUSMAN MORDECHAI KLEIN, FELDMAN-MEDFORD DEVELOPMENT, L.L.C., ROCKHALL FUNDING CORP., and DAVID E. MARX, Defendants. -----------------------------------------------------------------------X Defendant, ROCKHALL FUNDING, by their attorneys, as and for a response to Plaintiff’s Notice to Admit served on January 12, 2023, alleges upon information and belief, as follows: 1. Defendant objects to this demand as overbroad, vague, privileged, palpably improper and unduly burdensome. Without waiving said objection, defendant admits that Medford Multicare Center for the Living is a 320-bed nursing facility located at 3115 Horseblock Road, Medford, Suffolk County, New York. 2. Defendant objects to this demand as overbroad, vague, privileged, palpably improper and unduly burdensome. A notice to admit cannot be utilized to seek answers to questions that are clearly irrelevant to the case. Villa v. New York City Hous. Auth., 107 A.D.2d 619, 620 (1st Dept. 1985). New York courts reject notices to admit when they are used to improperly seek information that is unrelated to any of the elements of the cause of action. Kashelkar v. Dave, 31 1 of 4 FILED: SUFFOLK COUNTY CLERK 04/19/2023 09:24 AM INDEX NO. 618130/2020 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 04/19/2023 A.D.3d 341, 341 (1st Dept. 2006); see also Lolly v. Brookdale University Hospital and Medical Center, 45 A.D.3d 537, 719 (2d Dept. 2007). 3. See Response #2. 4. See Response #2. 5. See Response #2. 6. See Response #2. PLEASE TAKE NOTICE, that defendants reserve their right to supplement these responses up to and including the time of trial. PLEASE TAKE FURTHER NOTICE, that responding to the above demands in no way constitutes the defendants’ waivers of objection to demands based on the fact that they are vague, overly broad, non-specific, irrelevant, privileged, prejudicial, unduly burdensome, and beyond the scope of discovery and the CPLR. Dated: Garden City, New York April 19, 2023 Yours, etc., VIGORITO, BARKER, PATTERSON, NICHOLS & PORTER, LLP By: Angela R. Bonica, Esq. Angela R. Bonica, Esq. Attorneys for Defendant ROCKHALL FUNDING, 300 Garden City Plaza, Suite 100 Garden City, New York 11530 (516) 282-3355 VBPNP File No.: 0118-046 TO: CAMACHO MAURO MULHOLLAND, LLP Attorneys for Plaintiffs 40 Wall Street, 41st Floor New York, New York 10005 (212) 947-4999 File No.: PLTY-4552 2 of 4 FILED: SUFFOLK COUNTY CLERK 04/19/2023 09:24 AM INDEX NO. 618130/2020 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 04/19/2023 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) Janet Katno being duly sworn, deposes and says: that deponent is not a party to the action, is over 18 years of age and resides in Suffolk County, New York, New York. That on the 19 day of April, 2023 deponent served the within RESPONSE TO NOTICE TO ADMIT FOR ROCKHALL FUNDING upon: CAMACHO MAURO MULHOLLAND, LLP Attorneys for Plaintiff(s) 40 Wall Street, 41st Floor New York, New York 10005 (212) 947-4999 File No.: PLTY-4552 by electronically filing same through the NYS Court electronic filing system. _______________________ Janet Katno Sworn to before me this 19 th day of April, 2023. __________________ Notary Public Nancy D. Werner Notary Public-State of new York No. 01WE5056671 Qualified in Nassau County Commission Expires March 11, 2026 3 of 4 FILED: SUFFOLK COUNTY CLERK 04/19/2023 09:24 AM INDEX NO. 618130/2020 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 04/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK INDEX NO.: 618130/2020 ______________________________________________________________________________ LISA MASI, Individually and as Administrator for the Estate of DONALD MASI, Plaintiff(s), -against- THE NURSING CARE CENTER AT MEDFORD, INC. d/b/a MEDFORD MULTICARE CENTER FOR LIVING, INC., MEDFORD MULT1CARE MANAGEMENT COMPANY, LLC, MARTIN RAUSMAN, NORMAN RAUSMAN, HENRY RAUSMAN, MICHAEL RAUSMAN MORDECHAI KLEIN, FELDMAN- MEDFORD DEVELOPMENT, L.L.C., ROCKHALL FUNDING CORP., and DAVID E. MARX, Defendant(s). ______________________________________________________________________________ RESPONSE TO NOTICE TO ADMIT FOR ROCKHALL FUNDING ______________________________________________________________________________ VIGORITO, BARKER, PATTERSON, NICHOLS & PORTER, LLP Attorneys for Defendant ROCKHALL FUNDING 300 Garden City Plaza, Suite 100 Garden City, New York 11530 Tel.: (516) 282-3355 VBPNP File No.: 0118-046 ______________________________________________________________________________ TO: ALL PARTIES 4 of 4