On May 25, 2021 a
Party Statement
was filed
involving a dispute between
Ann Marie Turner,
and
Moshim Kukar Md,
Roswell Park Cancer Institute Corporation,
for Torts - Medical, Dental, or Podiatrist Malpractice
in the District Court of Erie County.
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FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/25/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
ANN MARIE TURNER
Plaintiff, CERTIFICATE OF MERIT
vs. IN A MEDICAL MALPRACTICE
ACTION
ROSWELL PARK CANCER
INSTITUTE CORPORATION
Index No.:
and
MOSHIM KUKAR, M.D.
Defendants.
_______________________________________
Kevin T. Stocker, certifies as follows:
1. That I am an attorney duly licensed to practice law in the State of New York, and am
the attorney for the Plaintiff in the above captioned matter.
2. This Certificate of Merit is made pursuant to the requirements of CPLR §3012-a.
3. That I have reviewed the facts of the case and believe this case has merits for medical
malpractice as well as lack of informed consent.
4. However, due to the time limitation imposed by CPLR §217-a on lawsuits against
public benefit corporations, the physician consultation required by CPLR §3012-a(a) could not
be reasonably obtained before the aforementioned pertinent statutory of limitation would run,
thereby barring this action.
Dated: May 18, 2021
Tonawanda, New York
Kevin T. Stocker, Esq.
Attorney for Plaintiff
2645 Sheridan Drive
Tonawanda, NY 1415
(716) 832-3006
1
1 of 1
Document Filed Date
May 25, 2021
Case Filing Date
May 25, 2021
Category
Torts - Medical, Dental, or Podiatrist Malpractice
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FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/25/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE ANN MARIE TURNER Plaintiff, CERTIFICATE OF MERIT vs. IN A MEDICAL MALPRACTICE ACTION ROSWELL PARK CANCER INSTITUTE CORPORATION Index No.: and MOSHIM KUKAR, M.D. Defendants. _______________________________________ Kevin T. Stocker, certifies as follows: 1. That I am an attorney duly licensed to practice law in the State of New York, and am the attorney for the Plaintiff in the above captioned matter. 2. This Certificate of Merit is made pursuant to the requirements of CPLR §3012-a. 3. That I have reviewed the facts of the case and believe this case has merits for medical malpractice as well as lack of informed consent. 4. However, due to the time limitation imposed by CPLR §217-a on lawsuits against public benefit corporations, the physician consultation required by CPLR §3012-a(a) could not be reasonably obtained before the aforementioned pertinent statutory of limitation would run, thereby barring this action. Dated: May 18, 2021 Tonawanda, New York Kevin T. Stocker, Esq. Attorney for Plaintiff 2645 Sheridan Drive Tonawanda, NY 1415 (716) 832-3006 1 1 of 1