Preview
FILED: KINGS COUNTY CLERK 01/04/2019 12:20 PM INDEX NO. 521463/2016
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 01/04/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
REGINA CAVER, as Administrator of the Estate 2
GIRDINE CAVER a/k/a GIRDINE CAVER VILLARROEL,
NOTICE OF MOTION
Deceased,
Index No.: 521463/2016
Plaintiff,
against
THE NEW YORK METHODIST HOSPITAL AND HENRY
1"
TISCHLER, M.D., "Jane/John Doe No. through
12"
"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.
TO ALL ATTORNEYS:
PLEASE TAKE NOTICE that upon the annexed Affirmation of CYE E. ROSS,
dated January 3, 2019, the transcript of the Examination Before Trial of Lamarcia
Parkin, a witness for Defendant New York Methodist Hospital, taken on
September 17, 2018, the transcript of the Examination Before Trial of Barbara
Kosiorowska, a witness for Defendant New York Methodist Hospital, taken on
July 16, 2018, and upon all the pleadings and proceedings heretofore had herein, the
undersigned will move this Court at an IAS Part 36, at the Supreme Court, Kings
County, 360 Adams Street, Brooklyn, New York on the 29th day of January, 2019 at
9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be
heard, for the following relief: An order striking the answer of Defendant New York
1 of 2
FILED: KINGS COUNTY CLERK 01/04/2019 12:20 PM INDEX NO. 521463/2016
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 01/04/2019
Defendants'
Methodist Hospital as a result of spoliation of evidence, and for such
other and further relief as the Court deems just and proper.
PLEASE TAKE FURTHER NOTICE that answering affidavits, if any, are
required to be served at least seven days before the return date of this motion.
Dated: New York, New York
January 4, 2019
Yours, etc.,
CYE . ROSS, ESQ.
Attorney for Plaintiff
30 Vesey Street
18th FlOOr
New York, New York 10007
TO: WILSON, ELSER, MOSKOWITZ, EDELMAN
& DICKER
Attorneys for Defendants
150 East 42nd Street
New York, New York 10017
2
2 of 2
Preview
FILED: KINGS COUNTY CLERK 01/04/2019 12:20 PM INDEX NO. 521463/2016 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 01/04/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS REGINA CAVER, as Administrator of the Estate 2 GIRDINE CAVER a/k/a GIRDINE CAVER VILLARROEL, NOTICE OF MOTION Deceased, Index No.: 521463/2016 Plaintiff, against THE NEW YORK METHODIST HOSPITAL AND HENRY 1" TISCHLER, M.D., "Jane/John Doe No. through 12" "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. TO ALL ATTORNEYS: PLEASE TAKE NOTICE that upon the annexed Affirmation of CYE E. ROSS, dated January 3, 2019, the transcript of the Examination Before Trial of Lamarcia Parkin, a witness for Defendant New York Methodist Hospital, taken on September 17, 2018, the transcript of the Examination Before Trial of Barbara Kosiorowska, a witness for Defendant New York Methodist Hospital, taken on July 16, 2018, and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this Court at an IAS Part 36, at the Supreme Court, Kings County, 360 Adams Street, Brooklyn, New York on the 29th day of January, 2019 at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for the following relief: An order striking the answer of Defendant New York 1 of 2 FILED: KINGS COUNTY CLERK 01/04/2019 12:20 PM INDEX NO. 521463/2016 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 01/04/2019 Defendants' Methodist Hospital as a result of spoliation of evidence, and for such other and further relief as the Court deems just and proper. PLEASE TAKE FURTHER NOTICE that answering affidavits, if any, are required to be served at least seven days before the return date of this motion. Dated: New York, New York January 4, 2019 Yours, etc., CYE . ROSS, ESQ. Attorney for Plaintiff 30 Vesey Street 18th FlOOr New York, New York 10007 TO: WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER Attorneys for Defendants 150 East 42nd Street New York, New York 10017 2 2 of 2