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FILED: KINGS COUNTY CLERK 10/10/2019 05:16 PM INDEX NO. 521463/2016
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/10/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------- --X
REGINA CAVER, as Administrator of the Estate of Index No.
GIRDINE CAVER a/k/a GIRDINE CAVER
VILLARROEL, 521463/16
Plaintiff,
-against- NOTICE OF MOTION
THE NEW YORK METHODIST HOSPITAL AND
HENRY TISCHLER, M.D., "Jane/John Doe
1" 12"
No. through "Jane/John 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 who had a duty toward Plaintiffs
decedent during the period of Plaintiffs
decedent's hospitalization therein from
March 4, 2014 through March 11, 2014.
Defendants.
_____ _____________ _..-------------------------------------------X
TO ALL COUNSEL:
PLEASE TAKE NOTICE that upon the annexed Affirmation of CYE E. ROSS, ESQ.
dated October 10, 2019, the annexed Affirmation of Good Faith, dated October 10,
2019, and upon all the pleadings and proceedings heretofore had herein, the
undersigned will move this Court, at the Centralized Compliance Part, Room 282, 360
Adams Street, Brooklyn, New York, on the 28th day of October 2019, at 9:30 o'clock
in the forenoon of that day, or as soon thereafter as counsel can be heard, for an Order
pursuant to Article 31 of the CPLR striking the answer of Defendants for failure to
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FILED: KINGS COUNTY CLERK 10/10/2019 05:16 PM INDEX NO. 521463/2016
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/10/2019
schedule an examination before trial of Defendant Henry Tischler M.D., or permit
Plaintiff to conduct an examination before trial of Defendant Henry Tischler, M.D., or
in the alternative, ordering Defendant Henry Tischler to appear for an examination
before trial on a date certain prior to November 15, 2019, and for and for such other
and further relief as the Court deems just and proper.
PLEASE TAKE FURTHER NOTICE, pursuant to CPLR 2214 (b), that answering
affidavits, if any, are required to be served upon the undersigned at least seven (7)
days before the return date of this motion.
Dated: New York, New York
October 10, 2019
Yours, etc.,
CYE . ROSS, ESQ.
Attorney for Plaintiff
30 Vesey Street
Suite 1800
New York, New York 10007
Tel. 212-588-1400
TO: WILSON, ELSER, MOSKOWITZ
EDELMAN & DICKER
Attorneys for Defendants
150 East 42nd Street
New York, New York 10017
L:\Accidents\CAVER, GlRDINE\NOTICE OF MOTION.10.8.19.docx
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Preview
FILED: KINGS COUNTY CLERK 10/10/2019 05:16 PM INDEX NO. 521463/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------- --X REGINA CAVER, as Administrator of the Estate of Index No. GIRDINE CAVER a/k/a GIRDINE CAVER VILLARROEL, 521463/16 Plaintiff, -against- NOTICE OF MOTION THE NEW YORK METHODIST HOSPITAL AND HENRY TISCHLER, M.D., "Jane/John Doe 1" 12" No. through "Jane/John 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 who had a duty toward Plaintiffs decedent during the period of Plaintiffs decedent's hospitalization therein from March 4, 2014 through March 11, 2014. Defendants. _____ _____________ _..-------------------------------------------X TO ALL COUNSEL: PLEASE TAKE NOTICE that upon the annexed Affirmation of CYE E. ROSS, ESQ. dated October 10, 2019, the annexed Affirmation of Good Faith, dated October 10, 2019, and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this Court, at the Centralized Compliance Part, Room 282, 360 Adams Street, Brooklyn, New York, on the 28th day of October 2019, at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for an Order pursuant to Article 31 of the CPLR striking the answer of Defendants for failure to 1 of 2 FILED: KINGS COUNTY CLERK 10/10/2019 05:16 PM INDEX NO. 521463/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 10/10/2019 schedule an examination before trial of Defendant Henry Tischler M.D., or permit Plaintiff to conduct an examination before trial of Defendant Henry Tischler, M.D., or in the alternative, ordering Defendant Henry Tischler to appear for an examination before trial on a date certain prior to November 15, 2019, and for and for such other and further relief as the Court deems just and proper. PLEASE TAKE FURTHER NOTICE, pursuant to CPLR 2214 (b), that answering affidavits, if any, are required to be served upon the undersigned at least seven (7) days before the return date of this motion. Dated: New York, New York October 10, 2019 Yours, etc., CYE . ROSS, ESQ. Attorney for Plaintiff 30 Vesey Street Suite 1800 New York, New York 10007 Tel. 212-588-1400 TO: WILSON, ELSER, MOSKOWITZ EDELMAN & DICKER Attorneys for Defendants 150 East 42nd Street New York, New York 10017 L:\Accidents\CAVER, GlRDINE\NOTICE OF MOTION.10.8.19.docx 2 of 2