On May 23, 2023 a
Proof of Service
was filed
involving a dispute between
Pcva21 Doe,
and
New York-Presbyterian Hospital,
Weill Cornell Medicine,
for Torts - Adult Survivors Act
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 09/05/2023 02:21 PM INDEX NO. 952038/2023
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 09/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------- x
:
PCVA21 DOE, : Index No. 952038/2023
:
Plaintiff, :
:
– against – :
:
NEW YORK-PRESBYTERIAN HOSPITAL; and :
WEILL CORNELL MEDICINE, :
:
Defendants.
:
------------------------------------------------------------------- x
NOTICE OF CONSTITUTIONAL QUESTION
PLEASE TAKE NOTICE, pursuant to section 1012(b)(1) of the Civil Practice Law and
Rules, that Defendant Cornell University, named herein as Weill Cornell Medicine, has filed an
Answer in the above-referenced action that raises a defense (Seventeenth Defense) that
Plaintiff’s claims are barred to the extent that provisions of the Adult Survivors Act that are
applicable to this action violate the New York State Constitution and/or the United States
Constitution, including but not limited to the due process clause of the New York State and
United States Constitutions, and the United States Constitution’s prohibition on ex post facto
laws. Copies of the Complaint and Cornell University’s Answer in this action are attached as
Exhibits 1 and 2.
1 of 2
FILED: NEW YORK COUNTY CLERK 09/05/2023 02:21 PM INDEX NO. 952038/2023
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 09/05/2023
Dated: New York, New York
August 28, 2023
COHEN & GRESSER LLP
Mark Spatz
David F. Lisner
Benjamin Zhu
Phoebe H. King
800 Third A venue, 21st Floor
New York, New York 10022
(212) 957-7600
Counsel for Cornell University, Named
Herein as Weill Cornell Medicine
TO: Office of the Attorney General
Division of Appeals & Opinions
28 Liberty Street
New York, New York 10005
2
2 of 2
Document Filed Date
September 05, 2023
Case Filing Date
May 23, 2023
Category
Torts - Adult Survivors Act
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Preview
FILED: NEW YORK COUNTY CLERK 09/05/2023 02:21 PM INDEX NO. 952038/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 09/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------- x : PCVA21 DOE, : Index No. 952038/2023 : Plaintiff, : : – against – : : NEW YORK-PRESBYTERIAN HOSPITAL; and : WEILL CORNELL MEDICINE, : : Defendants. : ------------------------------------------------------------------- x NOTICE OF CONSTITUTIONAL QUESTION PLEASE TAKE NOTICE, pursuant to section 1012(b)(1) of the Civil Practice Law and Rules, that Defendant Cornell University, named herein as Weill Cornell Medicine, has filed an Answer in the above-referenced action that raises a defense (Seventeenth Defense) that Plaintiff’s claims are barred to the extent that provisions of the Adult Survivors Act that are applicable to this action violate the New York State Constitution and/or the United States Constitution, including but not limited to the due process clause of the New York State and United States Constitutions, and the United States Constitution’s prohibition on ex post facto laws. Copies of the Complaint and Cornell University’s Answer in this action are attached as Exhibits 1 and 2. 1 of 2 FILED: NEW YORK COUNTY CLERK 09/05/2023 02:21 PM INDEX NO. 952038/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 09/05/2023 Dated: New York, New York August 28, 2023 COHEN & GRESSER LLP Mark Spatz David F. Lisner Benjamin Zhu Phoebe H. King 800 Third A venue, 21st Floor New York, New York 10022 (212) 957-7600 Counsel for Cornell University, Named Herein as Weill Cornell Medicine TO: Office of the Attorney General Division of Appeals & Opinions 28 Liberty Street New York, New York 10005 2 2 of 2