On April 29, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Joseph Chan
As Administrator Of The Estate Of Yuk Chu Chan And Joseph Chan, Individually,
and
Gotham Health Gouverneur,
New York City Health And Hospitals Corporation,
Nyc Health And Hospitals Gotham Health Gouverneur,
for Torts - Medical, Dental, or Podiatrist Malpractice
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/07/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
________________________________________________________________________Ç
JOSEPH CHAN as Administrator of the Estate
of YUK CHU CHAN and JOSEPH CHAN, Individually, Index No.: 805145/2022
Plaintiff(s), NOTICE OF MOTION
- against -
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH
GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR
and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION,
Defendant(s).
_______________________________________________________________x
PLEASE TAKE NOTICE, that upon the annexed affirmation of Valerie Hernandez, duly
affirmed on April 7, 2023, together with the exhibits annexed thereto, and upon all the pleadings
and proceedings heretofore had herein, the undersigned will move this Court at the Courthouse
28d¹
located at 60 Centre St, New York, NY 10007, on the day of April 2023, at 9:30 AM of that
day, or as soon thereafter as counsel can be heard, for an Order: 1) pursuant to CPLR §2004 and
§3406(a) granting Plaintiff an extension of time to file a Notice of Medical Malpractice nunc pro
"A"
tunc; 2) allowing the Notice of Medical Malpractice attached hereto as Exhibit to be deemed
timely filed and timely served upon Defendant with the electronic filing and service of this motion;
and 3) for such other and further relief as the Court deems just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering papers,
if any, are to be served upon the undersigned not less than seven (7) days prior to the return date
herein.
Dated: New York, New York
April 7, 2023
1 of 2
FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/07/2023
SINEL & OLESEN, PLLC
By: Valerie Hernandez
Attorneys for Plaintif(s)
7* 10*
330 Ave, Floor
New York, New York 10001
(212) 465-1000
TO: KAUFMAN BORGEEST & RYAN LLP
Attorneys for Defendant(s)
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH
GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR
and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION,
2nd
1205 Franklin Avenue, FlOOr
Garden City, New York 11530
(516) 248-6000
2 of 2
Document Filed Date
April 07, 2023
Case Filing Date
April 29, 2022
Category
Torts - Medical, Dental, or Podiatrist Malpractice
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FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/07/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ________________________________________________________________________Ç JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH CHAN, Individually, Index No.: 805145/2022 Plaintiff(s), NOTICE OF MOTION - against - NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendant(s). _______________________________________________________________x PLEASE TAKE NOTICE, that upon the annexed affirmation of Valerie Hernandez, duly affirmed on April 7, 2023, together with the exhibits annexed thereto, and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this Court at the Courthouse 28d¹ located at 60 Centre St, New York, NY 10007, on the day of April 2023, at 9:30 AM of that day, or as soon thereafter as counsel can be heard, for an Order: 1) pursuant to CPLR §2004 and §3406(a) granting Plaintiff an extension of time to file a Notice of Medical Malpractice nunc pro "A" tunc; 2) allowing the Notice of Medical Malpractice attached hereto as Exhibit to be deemed timely filed and timely served upon Defendant with the electronic filing and service of this motion; and 3) for such other and further relief as the Court deems just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering papers, if any, are to be served upon the undersigned not less than seven (7) days prior to the return date herein. Dated: New York, New York April 7, 2023 1 of 2 FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/07/2023 SINEL & OLESEN, PLLC By: Valerie Hernandez Attorneys for Plaintif(s) 7* 10* 330 Ave, Floor New York, New York 10001 (212) 465-1000 TO: KAUFMAN BORGEEST & RYAN LLP Attorneys for Defendant(s) NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, 2nd 1205 Franklin Avenue, FlOOr Garden City, New York 11530 (516) 248-6000 2 of 2