On May 27, 2011 a
Motion,Ex Parte
was filed
involving a dispute between
Kelley Phillips,
and
Drew Swiss,
Montefiore Medical Center,
for Tort
in the District Court of Bronx County.
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FILED: BRONX COUNTY CLERK 11/09/2021 07:55 AM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 257 RECEIVED NYSCEF: 11/09/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
------------------------------------------------------------------------X Index No. 21169/2011E
KELLEY PHILLIPS,
NOTICE OF
Plaintiff, CROSS-MOTION
- against -
DREW SWISS and MONTEFIORE MEDICAL CENTER,
Defendants.
------------------------------------------------------------------------X
PLEASE TAKE NOTICE, that upon the annexed Affirmation of Linda Montes, Esq.
dated November 8, 2021 and the exhibits annexed hereto, the Cross-Moving Defendant DREW
SWISS, by his attorneys, O’CONNOR McGUINNESS CONTE DOYLE OLESON WATSON &
LOFTUS, LLP, will move this Court, Motion Submission Part, Room 217 of the Supreme Court,
County of Bronx, located at 851 Grand Concourse, Bronx, New York 10451 on the 2nd day of
December, 2021 at 9:30am in the forenoon of said day, or as soon thereafter as counsel can be
heard for an Order:
1. Order pursuant to CPLR § 3212 granting summary judgment in favor of the defendant
DREW SWISS and dismissing plaintiff’s Verified Complaint in its entirety against
Moving Defendant on the grounds that the plaintiff has not sustained a “Serious Injury”
as defined by New York Insurance Law § 5102(d) and is thus barred from recovery
under Insurance Law § 5104; and
2. Dismissing plaintiff’s Complaint in its entirety; and
3. For such other and further relief as this Court deems just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR § 2214(b), answering
papers, if any, are required to be served upon the undersigned within (7) days prior to the return
1 of 2
FILED: BRONX COUNTY CLERK 11/09/2021 07:55 AM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 257 RECEIVED NYSCEF: 11/09/2021
date of this motion.
Dated: White Plains, New York
November 8, 2021
Respectfully Submitted By:
O’CONNOR McGUINNESS CONTE DOYLE
OLESON WATSON & LOFTUS, LLP
Linda Montes
By: __________________________________
Linda Montes, Esq.
Attorneys for Defendant
DREW SWISS
One Barker Avenue, Suite 675
White Plains, New York 10601
(914) 948-4500
File No. 901-2279
To: HACH & ROSE
Attorneys for Plaintiff
112 Madison Avenue, 12th Floor
New York, New York
(212) 779-0057
KIERNAN TREBACH, LLP
Attorneys for Defendant
MONTEFIORE MEDICAL CENTER
40 Exchange Place, Suite 1600
New York, New York 10005
(212) 268-7535
2 of 2
Document Filed Date
November 09, 2021
Case Filing Date
May 27, 2011
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FILED: BRONX COUNTY CLERK 11/09/2021 07:55 AM INDEX NO. 21169/2011E NYSCEF DOC. NO. 257 RECEIVED NYSCEF: 11/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ------------------------------------------------------------------------X Index No. 21169/2011E KELLEY PHILLIPS, NOTICE OF Plaintiff, CROSS-MOTION - against - DREW SWISS and MONTEFIORE MEDICAL CENTER, Defendants. ------------------------------------------------------------------------X PLEASE TAKE NOTICE, that upon the annexed Affirmation of Linda Montes, Esq. dated November 8, 2021 and the exhibits annexed hereto, the Cross-Moving Defendant DREW SWISS, by his attorneys, O’CONNOR McGUINNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP, will move this Court, Motion Submission Part, Room 217 of the Supreme Court, County of Bronx, located at 851 Grand Concourse, Bronx, New York 10451 on the 2nd day of December, 2021 at 9:30am in the forenoon of said day, or as soon thereafter as counsel can be heard for an Order: 1. Order pursuant to CPLR § 3212 granting summary judgment in favor of the defendant DREW SWISS and dismissing plaintiff’s Verified Complaint in its entirety against Moving Defendant on the grounds that the plaintiff has not sustained a “Serious Injury” as defined by New York Insurance Law § 5102(d) and is thus barred from recovery under Insurance Law § 5104; and 2. Dismissing plaintiff’s Complaint in its entirety; and 3. For such other and further relief as this Court deems just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR § 2214(b), answering papers, if any, are required to be served upon the undersigned within (7) days prior to the return 1 of 2 FILED: BRONX COUNTY CLERK 11/09/2021 07:55 AM INDEX NO. 21169/2011E NYSCEF DOC. NO. 257 RECEIVED NYSCEF: 11/09/2021 date of this motion. Dated: White Plains, New York November 8, 2021 Respectfully Submitted By: O’CONNOR McGUINNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP Linda Montes By: __________________________________ Linda Montes, Esq. Attorneys for Defendant DREW SWISS One Barker Avenue, Suite 675 White Plains, New York 10601 (914) 948-4500 File No. 901-2279 To: HACH & ROSE Attorneys for Plaintiff 112 Madison Avenue, 12th Floor New York, New York (212) 779-0057 KIERNAN TREBACH, LLP Attorneys for Defendant MONTEFIORE MEDICAL CENTER 40 Exchange Place, Suite 1600 New York, New York 10005 (212) 268-7535 2 of 2