On July 15, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
Berta I. Pesantez,
Jose V. Bermeo,
and
New York City Health And Hospitals Corporation D B A New York City Health And Hospitals Corporation Elmhurst Hospital Center,
for Torts - Medical Dental or Podiatrist Malpractice - Medical Mal - HHC
in the District Court of Queens County.
Preview
iD: QU OUN PK DM INDEX NO. 714719/2022
NYSCEF BOC. NO. 20 RECEIVED NYSCEF: 03/14/2024
EXHIBIT A
INDEX NO. 714719/2022
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/14/2023
PC 02/07/2023
cc 10/11/2023
NI 03/14/2024
MDPT 04/18/2024
SUPREME COURT OF THE STATE OF NEW YORK
QUEENS COUNTY: MEDICAL MALPRACTICE PART
PRESENT: HON. Kevin Kerrigan
- panna nanan nanan nana nanan none
BERTA I. PESANTEZ and JOSE V. 714719/2022
BERMEO,
Plaintiff(s), Index Number: / 14 19/2U4.
- against -
NEW YORK CITY HEALTH AND HOSPITALS, Date RJI Filed: 01/09/2023
CORPORATION d/b/a NEW YORK CITY HEALTH AND
HOSPITALS CORPORATION/ ELMHURST HOSPITAL
CENTER,
Defendant(s)
mete n anna nnn nnn nnn nnn nnn nee nen enmeneenene.
Compliance Conference Order
APPEARANCES:
Plaintiff(s):
Firm/Attomey
of Record: Jacob D. Fuchsberg Law Firm
Assigned Attorney: Walter Osuna
Address: 3 Park Avenue, 37th Floor, New York, New York 10016
Email: w.osuna@fuchsberg.com
Telephone: _(212) 869-3500 _ Fax: (212) 398-1832
Defendant:
Firm/Attorney
of Record: MARTIN CLEARWATER & BELL, LLP.
Assigned Attorney: John Rohan
Addre: 220 East 42nd Street | New York, New York 4001701
Email.
Telephone: (212) 916-0913 Fax ~
Defendant:
Finn/Attomeyof Record:
Assigned Attorney: __
Address:
Email:
Telephone: _ Fax
1-
lof 7
INDEX NO. 714719/2022
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/14/2023
Defendant:
Firm/Attomey of Record: —_—
Assigned Attorney:
Address: _—_
Email:
Telephone: _ Fax: _
Upon the Preliminary Conference Order dated 02/07/2023 and following a
Compliance Conference held on , and it appearing that discovery previously
ordered herein has not been completed, or that additional discovery is warranted, it is hereby
ORDERED that Plaintiff shall produce See below for an
examination before trial on - at a.m. and it is
further
ORDERED that Plaintiff shall submit to a physical examination by
— _at _ on
at_ am. , and it is further
ORDERED that, on or before , Plaintiff shall produce the
following documents and other material for examination:
(1) The following depositions should be conducted as follows:
(a)Plaintiff Berta Pesantez continuation ON 11/3/23
(b) Plaintiff Jose Bermeo on or before 11/22/23
(2) Plaintiff to designate witness for deposition on or before November 22, 2023
and it is further
ORDERED that Defendant(s) ELMHURST shall produce
designated witness stillemployed__—sfor an examination before trial on 01/31/2024 at
10:00 a.m. , and it is further
Plaintiff will designate institutional witness(s) 30 days prior to DEF EBT
-2
2 of 7
08/14/2023 04:50 PM -NO
INDEX SI79TS7
S202"
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/14/2023
ORDERED that on or before 11/10/2023
__. Defendant(s) shall
produce the following documents and other material
for exami ination:
Defendant to:(1) Response to demand for Bill of Particulars
as to Affirmative Defenses
dated 2/06/23
(2) Response to demand for Certified co py of medic
al records, hospital chart, billing
records, diagnostic tests, and films and p
athology slides
(3) Response to demand for Statements in defen
dant's possession
(4) Response to Notice for Discovery an id Inspe
ction dated 2/06/23
( 5 Response to demand for Expert, Insurance, and Electronic Information dated 2/06/
23
,and it is further
ORDERED that Plaintiff shall file a Note of Issue/Certificate
before 03/14/2024 of Readiness on or
and shall furnish to Chambers within ten (10) days
copy of the filed Note of Issue/G ertificate of Readiness, thereafter a
together with an affidavit of
service, and it is
further
ORDERED that if plaintiff has not filed a
timely N otice of Medical Malpractice,
Plaintiff must file a Late Notice of Medical Malpr
actice wi ith the Trial Term Office, together with a
copy of this Compliance Conference Order, not less
than 30 days before Note of Issue is due, and it
is further
ORDERED as follows:
Defendant to:(1) Response to demand for Bill of Particular
s as to Affirmative Defenses
dated 2/06/23
(2) Response to demand for Certified co Py of medic
al records, hospital chart, billing
records, diagnostic tests, and films and p thology slides
(3) Response to demand for Statements in defen
dant's possession
(4) Response to Notice for Discovery an id
Inspection dated 2/06/23
(5 Response to demand for Expert, Insui rance
, and Electronic Information dated 2/06/23
3-
3 of 7
INDEX NO. 714719/2022
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/14/2023
(FILED: QUEENS COUNTY CLERK §8714/72023 Wa:%6 PM we
NYSCEF DOC. NO. 20 RECEIVED
NYSCEF: @8/14/2023
Additional Appearances:
Defendant:__
Firm/Attorney of Record:
Assigned Attorney: _
Addr S.
Email
Telephone: Fax.
Defendant:__
Firm/Attorney of Record:
Assigned Attorney: _
Address:
Email:
Telephone: Fax
Defendant:
Firm/Attorney of Record: _
Assigned Attorney:
Address:
Email:
Telephone: _ Fax:
Defendant:
Firm/Attorney of Record:
Assigned Attorney:
Address:
Email:
Telephone: _ Fax
5 of 7
INDEX NO. 714719/2022
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/14/2023
Failure to comply with any provision of this Order may result in the imposition of
costs or sanctions, or other action authorized by law.
Dated: 10/11/2023
SO ORDERED:
Yye-
JSC.
HON. KEVIN J, KERRIGAN
6-
6 of 7
INDEX NO. 71471972022
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/14/2023
DEMAND PURSUANT TO CPLR RULE 3216
PLEASE TAKE NOTICE that demand is hereby made pursuant to CPLR Rule 3216
that Plaintiff file a Note of Issue/Certificate of Readiness on or before
03/14/2024 » and
shall furnish to Chambers within ten (10) days thereafter a copy of the filed
Note of Issue/Certificate
of Readiness, together with an affidavit of service.
PLEASE TAKE FURTHER NOTICE that, in the absence of a further Order of this
Court made pursuant to CPLR §2004 granting an extension of time to file a
Note of Issue, a default in
complying with the foregoing Demand may serve as a basis for dismissa
l of the action for
unreasonably neglecting to proceed.
/,
Dated: 10/11/2023 +
—
JS.C.
HON. KEVIN J, KERRIGAN
Receipt of a copy of this Order and Demand is acknowledged:
/s Walter Osuna 4s John Rohan
Attorney for Plaintiff(s) Attorney for Defendant(s)_
Attorney for Defendant (s)
Attorney for Defendant(s)
Attorney for Defendant (s)
Attorney for Defendant (s)
-7-
7 of 7
Document Filed Date
March 14, 2024
Case Filing Date
July 15, 2022
Category
Torts - Medical Dental or Podiatrist Malpractice - Medical Mal - HHC
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Preview
iD: QU OUN PK DM INDEX NO. 714719/2022 NYSCEF BOC. NO. 20 RECEIVED NYSCEF: 03/14/2024 EXHIBIT A INDEX NO. 714719/2022 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/14/2023 PC 02/07/2023 cc 10/11/2023 NI 03/14/2024 MDPT 04/18/2024 SUPREME COURT OF THE STATE OF NEW YORK QUEENS COUNTY: MEDICAL MALPRACTICE PART PRESENT: HON. Kevin Kerrigan - panna nanan nanan nana nanan none BERTA I. PESANTEZ and JOSE V. 714719/2022 BERMEO, Plaintiff(s), Index Number: / 14 19/2U4. - against - NEW YORK CITY HEALTH AND HOSPITALS, Date RJI Filed: 01/09/2023 CORPORATION d/b/a NEW YORK CITY HEALTH AND HOSPITALS CORPORATION/ ELMHURST HOSPITAL CENTER, Defendant(s) mete n anna nnn nnn nnn nnn nnn nee nen enmeneenene. Compliance Conference Order APPEARANCES: Plaintiff(s): Firm/Attomey of Record: Jacob D. Fuchsberg Law Firm Assigned Attorney: Walter Osuna Address: 3 Park Avenue, 37th Floor, New York, New York 10016 Email: w.osuna@fuchsberg.com Telephone: _(212) 869-3500 _ Fax: (212) 398-1832 Defendant: Firm/Attorney of Record: MARTIN CLEARWATER & BELL, LLP. Assigned Attorney: John Rohan Addre: 220 East 42nd Street | New York, New York 4001701 Email. Telephone: (212) 916-0913 Fax ~ Defendant: Finn/Attomeyof Record: Assigned Attorney: __ Address: Email: Telephone: _ Fax 1- lof 7 INDEX NO. 714719/2022 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/14/2023 Defendant: Firm/Attomey of Record: —_— Assigned Attorney: Address: _—_ Email: Telephone: _ Fax: _ Upon the Preliminary Conference Order dated 02/07/2023 and following a Compliance Conference held on , and it appearing that discovery previously ordered herein has not been completed, or that additional discovery is warranted, it is hereby ORDERED that Plaintiff shall produce See below for an examination before trial on - at a.m. and it is further ORDERED that Plaintiff shall submit to a physical examination by — _at _ on at_ am. , and it is further ORDERED that, on or before , Plaintiff shall produce the following documents and other material for examination: (1) The following depositions should be conducted as follows: (a)Plaintiff Berta Pesantez continuation ON 11/3/23 (b) Plaintiff Jose Bermeo on or before 11/22/23 (2) Plaintiff to designate witness for deposition on or before November 22, 2023 and it is further ORDERED that Defendant(s) ELMHURST shall produce designated witness stillemployed__—sfor an examination before trial on 01/31/2024 at 10:00 a.m. , and it is further Plaintiff will designate institutional witness(s) 30 days prior to DEF EBT -2 2 of 7 08/14/2023 04:50 PM -NO INDEX SI79TS7 S202" NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/14/2023 ORDERED that on or before 11/10/2023 __. Defendant(s) shall produce the following documents and other material for exami ination: Defendant to:(1) Response to demand for Bill of Particulars as to Affirmative Defenses dated 2/06/23 (2) Response to demand for Certified co py of medic al records, hospital chart, billing records, diagnostic tests, and films and p athology slides (3) Response to demand for Statements in defen dant's possession (4) Response to Notice for Discovery an id Inspe ction dated 2/06/23 ( 5 Response to demand for Expert, Insurance, and Electronic Information dated 2/06/ 23 ,and it is further ORDERED that Plaintiff shall file a Note of Issue/Certificate before 03/14/2024 of Readiness on or and shall furnish to Chambers within ten (10) days copy of the filed Note of Issue/G ertificate of Readiness, thereafter a together with an affidavit of service, and it is further ORDERED that if plaintiff has not filed a timely N otice of Medical Malpractice, Plaintiff must file a Late Notice of Medical Malpr actice wi ith the Trial Term Office, together with a copy of this Compliance Conference Order, not less than 30 days before Note of Issue is due, and it is further ORDERED as follows: Defendant to:(1) Response to demand for Bill of Particular s as to Affirmative Defenses dated 2/06/23 (2) Response to demand for Certified co Py of medic al records, hospital chart, billing records, diagnostic tests, and films and p thology slides (3) Response to demand for Statements in defen dant's possession (4) Response to Notice for Discovery an id Inspection dated 2/06/23 (5 Response to demand for Expert, Insui rance , and Electronic Information dated 2/06/23 3- 3 of 7 INDEX NO. 714719/2022 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/14/2023 (FILED: QUEENS COUNTY CLERK §8714/72023 Wa:%6 PM we NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/14/2023 Additional Appearances: Defendant:__ Firm/Attorney of Record: Assigned Attorney: _ Addr S. Email Telephone: Fax. Defendant:__ Firm/Attorney of Record: Assigned Attorney: _ Address: Email: Telephone: Fax Defendant: Firm/Attorney of Record: _ Assigned Attorney: Address: Email: Telephone: _ Fax: Defendant: Firm/Attorney of Record: Assigned Attorney: Address: Email: Telephone: _ Fax 5 of 7 INDEX NO. 714719/2022 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/14/2023 Failure to comply with any provision of this Order may result in the imposition of costs or sanctions, or other action authorized by law. Dated: 10/11/2023 SO ORDERED: Yye- JSC. HON. KEVIN J, KERRIGAN 6- 6 of 7 INDEX NO. 71471972022 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: @8/14/2023 DEMAND PURSUANT TO CPLR RULE 3216 PLEASE TAKE NOTICE that demand is hereby made pursuant to CPLR Rule 3216 that Plaintiff file a Note of Issue/Certificate of Readiness on or before 03/14/2024 » and shall furnish to Chambers within ten (10) days thereafter a copy of the filed Note of Issue/Certificate of Readiness, together with an affidavit of service. PLEASE TAKE FURTHER NOTICE that, in the absence of a further Order of this Court made pursuant to CPLR §2004 granting an extension of time to file a Note of Issue, a default in complying with the foregoing Demand may serve as a basis for dismissa l of the action for unreasonably neglecting to proceed. /, Dated: 10/11/2023 + — JS.C. HON. KEVIN J, KERRIGAN Receipt of a copy of this Order and Demand is acknowledged: /s Walter Osuna 4s John Rohan Attorney for Plaintiff(s) Attorney for Defendant(s)_ Attorney for Defendant (s) Attorney for Defendant(s) Attorney for Defendant (s) Attorney for Defendant (s) -7- 7 of 7