On December 01, 2020 a
Motion-Secondary
was filed
involving a dispute between
Refael Klein,
and
Catholic Health System Of Long Island, Inc.,
for Torts - Other Negligence (Breach of Confidentiality)
in the District Court of Nassau County.
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FILED: NASSAU COUNTY CLERK 03/10/2022 04:31 PM INDEX NO. 613853/2020
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/10/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------------------------------------------------------X
REFAEL KLEIN,
Index No. 613853/2020
Plaintiff'
Motion Seq. No. 2
-against-
CATHOLIC HEALTH SYSTEM OF LONG ISLAND,
INC. d/b/a CATHOLIC HEALTH SERVICES OF LONG
ISLAND,
Defendant.
---------------------------------------------------------------X
ATTORNEY AFFIRMATION IN SUPPORT OF PLAINTIFF'S OPPOSITION TO
DEFENDANT'S MOTION TO DISMISS
Glen A. Kendall, an attorney duly admitted to practice law in the State ofNew York, hereby
affirms the following under penalties of perjury:
1. I am a partner in the law firm McLoughlin, O ‰ara, Wagner & Kendall, LLP,
counsel for Plaintiff Refael Klein ("Plaintiff") in the above-captioned matter. As such, I am fully
familiar with the facts and circumstances of this matter by virtue of the file maintained by my
office.
2. I submit this Affirmation in support of Plaintiff's opposition to the motion by
Defendant, Catholic Health System of Long Island, Inc. d/b/a Catholic Health Services of Long
("CHS"
Island or "Defendant"), to dismiss the Verified Amended Complaint (Dkt. No. 21)
pursuant to CPLR 3211(a)(1) and (a)(7), and for sanctions against Plaintiff.
3. As set forth in the accompanying memorandum of law, it is respectfully submitted
that the Court should deny Defendant's motion in its entirety because (1) Defendant has not
produced documentary evidence sufficient to dismiss Plaintiff's claims pursuant to CPLR
3211(a)(1); (2) Plaintiff's claims are not precluded under a theory of collateral estoppel as a result
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FILED: NASSAU COUNTY CLERK 03/10/2022 04:31 PM INDEX NO. 613853/2020
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/10/2022
of the Decision and Order of Judge Ronnie Abrams of the U.S. District Court for the Southern
District of New York dated July 21, 2019 (Dkt. No. 38); (3) Plaintiff has pled sufficient
allegations to support each of the causes of actions to defeat Defendant’s motion to dismiss
pursuant to CPLR 3211(a)(7); and (4) sanctions are inappropriate in this case.
4. Submitted with these opposition papers is the Affidavit of Refael Klein together
with the annexed exhibits.
5. I hereby certify that the presentation of the contentions set forth in these opposition
papers are not frivolous as defined in Section 130-1.1(c) of the Rules of the Chief Administrator
of the Courts.
WHEREFORE, Plaintiff respectfully request that this Court deny Defendant’s motion in
its entirety.
Dated: New York, New York
March 10, 2022
_____________________________________
Glen A. Kendall, Esq.
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Document Filed Date
March 10, 2022
Case Filing Date
December 01, 2020
Category
Torts - Other Negligence (Breach of Confidentiality)
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FILED: NASSAU COUNTY CLERK 03/10/2022 04:31 PM INDEX NO. 613853/2020 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/10/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------------------------------------------X REFAEL KLEIN, Index No. 613853/2020 Plaintiff' Motion Seq. No. 2 -against- CATHOLIC HEALTH SYSTEM OF LONG ISLAND, INC. d/b/a CATHOLIC HEALTH SERVICES OF LONG ISLAND, Defendant. ---------------------------------------------------------------X ATTORNEY AFFIRMATION IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS Glen A. Kendall, an attorney duly admitted to practice law in the State ofNew York, hereby affirms the following under penalties of perjury: 1. I am a partner in the law firm McLoughlin, O ‰ara, Wagner & Kendall, LLP, counsel for Plaintiff Refael Klein ("Plaintiff") in the above-captioned matter. As such, I am fully familiar with the facts and circumstances of this matter by virtue of the file maintained by my office. 2. I submit this Affirmation in support of Plaintiff's opposition to the motion by Defendant, Catholic Health System of Long Island, Inc. d/b/a Catholic Health Services of Long ("CHS" Island or "Defendant"), to dismiss the Verified Amended Complaint (Dkt. No. 21) pursuant to CPLR 3211(a)(1) and (a)(7), and for sanctions against Plaintiff. 3. As set forth in the accompanying memorandum of law, it is respectfully submitted that the Court should deny Defendant's motion in its entirety because (1) Defendant has not produced documentary evidence sufficient to dismiss Plaintiff's claims pursuant to CPLR 3211(a)(1); (2) Plaintiff's claims are not precluded under a theory of collateral estoppel as a result Page 1 of 2 1 of 2 FILED: NASSAU COUNTY CLERK 03/10/2022 04:31 PM INDEX NO. 613853/2020 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/10/2022 of the Decision and Order of Judge Ronnie Abrams of the U.S. District Court for the Southern District of New York dated July 21, 2019 (Dkt. No. 38); (3) Plaintiff has pled sufficient allegations to support each of the causes of actions to defeat Defendant’s motion to dismiss pursuant to CPLR 3211(a)(7); and (4) sanctions are inappropriate in this case. 4. Submitted with these opposition papers is the Affidavit of Refael Klein together with the annexed exhibits. 5. I hereby certify that the presentation of the contentions set forth in these opposition papers are not frivolous as defined in Section 130-1.1(c) of the Rules of the Chief Administrator of the Courts. WHEREFORE, Plaintiff respectfully request that this Court deny Defendant’s motion in its entirety. Dated: New York, New York March 10, 2022 _____________________________________ Glen A. Kendall, Esq. Page 2 of 2 2 of 2