On February 02, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Alona Nathan,
and
Booth Memorial Medical Center N K A New York-Presbyterian Queens,
New York-Presbyterian Queens,
Sodexo America, Llc,
Sodexo Ctm Llc,
Sodexo Global Services, L.L.C.,
Sodexo, Inc.,
Sodexo Management, Inc.,
Sodexo Operations, Llc,
for Torts - Other (Premises)
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 03/04/2024 05:14 PM INDEX NO. 702601/2024
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/04/2024
From: JudgeKapoorRemote
To: Steven Snair; Calendar
Cc: JudgeKapoorRemote; Andrea Laterza; Nicole Sanito
Subject: RE: EXTERNAL: RE: 618143/2023 ALONA NATHAN v. NEW YORK-PRESBYTERIAN QUEENS HOSPITAL
Date: Friday, December 8, 2023 10:24:28 AM
Attachments: image001.jpg
image002.png
WARNING:
This email is from an [EXTERNAL] sender! Do not click on links or attachments unless you
expect them from the sender and know the content is safe!
Counsel,
Replies are not permitted on OSCs. As such, the reply filed by petitioner will not be considered in
deciding this motion. The motion will be marked fully submitted at this time.
Thanks,
Jordan Davis, J.D. (she/her)
Assistant Law Clerk to Hon. Sarika Kapoor
Supreme Court, Nassau County
100 Supreme Court Drive
Mineola, New York 11501
Chambers: (516) 493-3372
From: Steven Snair
Sent: Friday, December 8, 2023 10:20 AM
To: Calendar ; Jordan Davis
Cc: JudgeKapoorRemote ; Andrea Laterza
; Nicole Sanito
Subject: RE: EXTERNAL: RE: 618143/2023 ALONA NATHAN v. NEW YORK-PRESBYTERIAN QUEENS
HOSPITAL
Ms. Davis,
Respondent objects to petitioner’s submission of a reply affirmation. NY Ct R 202.8-d states that “[a]bsent advance permission of the court, reply
papers shall not be submitted on orders to show cause.” Here, petitioner moved by order to show cause and never requested permission from this
Court to submit a reply. Therefore, petitioner’ reply is improper and should be disregarded. See D.D. v R.M., 74 Misc 3d 1214(A) [Fam Ct 2022] [Court
did not consider reply papers that were submitted without court permission].
Aside from this objection, it is respondent’s position that this motion is ready for submission. Thank you for your attention to this matter.
Steven E. Snair
Associate|BARTLETT LLP
3 Huntington Quadrangle, Suite 304S|Melville, NY 11747
FILED: QUEENS COUNTY CLERK 03/04/2024 05:14 PM INDEX NO. 702601/2024
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/04/2024
Direct: 631.230.5867|Main: 516.877.2900
steven.snair@bartlettllp.com|www.bartlettllp.com
NOTE: This e-mail message (including attachments) is subject to attorney-client privilege and contains confidential information intended only for the person(s) to whom this email message is
addressed. This e-mail may be covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521, which provides criminal penalties for your use of this email without permission. This
message may contain Protected Health Information covered under HIPAA Rules and HITECH Standards including, but not limited to, all applicable requirements of the HIPAA Security rule in 45
C.F.R. §§ 164.308, 164.310,164.312 and 164.316, including any amendments thereto. If you have received this e-mail message in error, please notify the sender immediately by telephone or e-mail and
destroy the original message without making a copy. Thank you.
From: Calendar
Sent: Friday, December 8, 2023 10:16 AM
To: Jordan Davis ; Calendar ; Steven Snair
Cc: JudgeKapoorRemote ; Andrea Laterza
Subject: RE: EXTERNAL: RE: 618143/2023 ALONA NATHAN v. NEW YORK-PRESBYTERIAN QUEENS
HOSPITAL
WARNING:
This email is from an [EXTERNAL] sender! Do not click on links or attachments unless you
expect them from the sender and know the content is safe!
Good Morning,
Our office had filed our reply with regards to this motion yesterday. I do believe it is ready to
be fully submitted.
Thank you,
Janine Gregorio
Calendar & Deposition Coordinator
DELL & DEAN, PLLC.
1225 Franklin Avenue, Ste. 360
Garden City, NY 11530
Telephone: (516) 880-9700 ext 113
Direct Telephone: 516-727-7737
Facsimile: 1(516) 629-7819
Email: JGregorio@d2triallaw.com
(Scheduling Email) Calendar@d2triallaw.com
Work hours: 8:30am – 4:30pm – Monday- Friday
FILED: QUEENS COUNTY CLERK 03/04/2024 05:14 PM INDEX NO. 702601/2024
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/04/2024
EFFECTIVE SEPTEMBER 29, 2023 OUR OFFICES WILL BE LOCATED IN SUITE 360
Please be advised our calendar closes at 2:00pm daily Mon-Friday
D2
www.d2triallaw.com
From: Jordan Davis
Sent: Friday, December 8, 2023 10:08 AM
To: Calendar ; steven.snair@bartlettllp.com
Cc: JudgeKapoorRemote
Subject: EXTERNAL: RE: 618143/2023 ALONA NATHAN v. NEW YORK-PRESBYTERIAN QUEENS
HOSPITAL
Caution: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Counsel,
Our records indicate that motion sequence 001 is returnable today. Please confirm by 2 PM whether
the motion is ready to be submitted for decision.
Thanks,
Jordan Davis, J.D. (she/her)
Assistant Law Clerk to Hon. Sarika Kapoor
Supreme Court, Nassau County
100 Supreme Court Drive
Mineola, New York 11501
Chambers: (516) 493-3372
Please be CAREFUL when clicking links or opening attachments from external senders.
Document Filed Date
March 04, 2024
Case Filing Date
February 02, 2024
Category
Torts - Other (Premises)
For full print and download access, please subscribe at https://www.trellis.law/.
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FILED: QUEENS COUNTY CLERK 03/04/2024 05:14 PM INDEX NO. 702601/2024 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/04/2024 From: JudgeKapoorRemote To: Steven Snair; Calendar Cc: JudgeKapoorRemote; Andrea Laterza; Nicole Sanito Subject: RE: EXTERNAL: RE: 618143/2023 ALONA NATHAN v. NEW YORK-PRESBYTERIAN QUEENS HOSPITAL Date: Friday, December 8, 2023 10:24:28 AM Attachments: image001.jpg image002.png WARNING: This email is from an [EXTERNAL] sender! Do not click on links or attachments unless you expect them from the sender and know the content is safe! Counsel, Replies are not permitted on OSCs. As such, the reply filed by petitioner will not be considered in deciding this motion. The motion will be marked fully submitted at this time. Thanks, Jordan Davis, J.D. (she/her) Assistant Law Clerk to Hon. Sarika Kapoor Supreme Court, Nassau County 100 Supreme Court Drive Mineola, New York 11501 Chambers: (516) 493-3372 From: Steven Snair Sent: Friday, December 8, 2023 10:20 AM To: Calendar ; Jordan Davis Cc: JudgeKapoorRemote ; Andrea Laterza ; Nicole Sanito Subject: RE: EXTERNAL: RE: 618143/2023 ALONA NATHAN v. NEW YORK-PRESBYTERIAN QUEENS HOSPITAL Ms. Davis, Respondent objects to petitioner’s submission of a reply affirmation. NY Ct R 202.8-d states that “[a]bsent advance permission of the court, reply papers shall not be submitted on orders to show cause.” Here, petitioner moved by order to show cause and never requested permission from this Court to submit a reply. Therefore, petitioner’ reply is improper and should be disregarded. See D.D. v R.M., 74 Misc 3d 1214(A) [Fam Ct 2022] [Court did not consider reply papers that were submitted without court permission]. Aside from this objection, it is respondent’s position that this motion is ready for submission. Thank you for your attention to this matter. Steven E. Snair Associate|BARTLETT LLP 3 Huntington Quadrangle, Suite 304S|Melville, NY 11747 FILED: QUEENS COUNTY CLERK 03/04/2024 05:14 PM INDEX NO. 702601/2024 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/04/2024 Direct: 631.230.5867|Main: 516.877.2900 steven.snair@bartlettllp.com|www.bartlettllp.com NOTE: This e-mail message (including attachments) is subject to attorney-client privilege and contains confidential information intended only for the person(s) to whom this email message is addressed. This e-mail may be covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521, which provides criminal penalties for your use of this email without permission. This message may contain Protected Health Information covered under HIPAA Rules and HITECH Standards including, but not limited to, all applicable requirements of the HIPAA Security rule in 45 C.F.R. §§ 164.308, 164.310,164.312 and 164.316, including any amendments thereto. If you have received this e-mail message in error, please notify the sender immediately by telephone or e-mail and destroy the original message without making a copy. Thank you. From: Calendar Sent: Friday, December 8, 2023 10:16 AM To: Jordan Davis ; Calendar ; Steven Snair Cc: JudgeKapoorRemote ; Andrea Laterza Subject: RE: EXTERNAL: RE: 618143/2023 ALONA NATHAN v. NEW YORK-PRESBYTERIAN QUEENS HOSPITAL WARNING: This email is from an [EXTERNAL] sender! Do not click on links or attachments unless you expect them from the sender and know the content is safe! Good Morning, Our office had filed our reply with regards to this motion yesterday. I do believe it is ready to be fully submitted. Thank you, Janine Gregorio Calendar & Deposition Coordinator DELL & DEAN, PLLC. 1225 Franklin Avenue, Ste. 360 Garden City, NY 11530 Telephone: (516) 880-9700 ext 113 Direct Telephone: 516-727-7737 Facsimile: 1(516) 629-7819 Email: JGregorio@d2triallaw.com (Scheduling Email) Calendar@d2triallaw.com Work hours: 8:30am – 4:30pm – Monday- Friday FILED: QUEENS COUNTY CLERK 03/04/2024 05:14 PM INDEX NO. 702601/2024 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 03/04/2024 EFFECTIVE SEPTEMBER 29, 2023 OUR OFFICES WILL BE LOCATED IN SUITE 360 Please be advised our calendar closes at 2:00pm daily Mon-Friday D2 www.d2triallaw.com From: Jordan Davis Sent: Friday, December 8, 2023 10:08 AM To: Calendar ; steven.snair@bartlettllp.com Cc: JudgeKapoorRemote Subject: EXTERNAL: RE: 618143/2023 ALONA NATHAN v. NEW YORK-PRESBYTERIAN QUEENS HOSPITAL Caution: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Counsel, Our records indicate that motion sequence 001 is returnable today. Please confirm by 2 PM whether the motion is ready to be submitted for decision. Thanks, Jordan Davis, J.D. (she/her) Assistant Law Clerk to Hon. Sarika Kapoor Supreme Court, Nassau County 100 Supreme Court Drive Mineola, New York 11501 Chambers: (516) 493-3372 Please be CAREFUL when clicking links or opening attachments from external senders.