Motion-Secondary: Cindy T Hickey, Kevin Hickey v. John P Hurley Dpm, Buffalo Surgery Center

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                                INDEX   NO.   812847/2015
(FILED: ERIE COUNTY CLERK 0373172016 01:02 PM
NYSCEF   DOC.   NO.   5                                                                            RECEIVED     NYSCEF      03/31/2016



         STATE OF NEW YORK
         SUPREME COURT : COUNTY OF ERIE


          CINDY T. HICKEY & KEVIN HICKEY,

                                           Plaintiffs,
                                                                       ATTORNEY AFFIDAVIT IN SUPPORT
                          —against—                                    OF APPLICATION FOR DEFAULT
                                                                       JUDGMENT

                                                                       Index No.: 812847/2015
          JOHN P. HURLEY, DPM, et al.,

                                           Defendants.



         BRIAN K. TOWEY, ESQ., being duly sworn, deposes and says:



         1. Iam an attorney at law duly licensed to practice in the State of New York and an associate with the

         Stamm Law Firm, the attorneys for the plaintiffs in the above-entitled action.


         2. The above-entitled action for medical malpractice was commenced                     by electronic filing of the

         Summons and verified Complaint with the Erie County Clerk’s Office on November 5, 2015, copies of

         which are attached hereto as Exhibit A.


         3. The Summons          and verified Complaint was personally served upon the defendants, JOHN                     P.

         HURLEY,          DPM,   and BUFFALO     SURGERY       CENTER,          on November      19, 2015.    Copies of the

         Affidavits of Service of the Summons and verified Complain upon said defendants are attached hereto

         as Exhibit B.


         4. On or about December 15, 2015, defendant, JOHN P. HURLEY, DPM, joined issue by service of its

         Answer.


         5. To date, the defendant, BUFFALO              SURGERY        CENTER,    has not submitted an answer,        filed a

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motion, or otherwise appeared in the action.


6. The time for the defendant, BUFFALO SURGERY CENTER, to answer or move with respect to the

complaint has expired, and, as noted above, the defendant, BUFFALO    SURGERY     CENTER, has not

answered or moved with respect to the complaint.

 7. Furthermore, the defendant’s time to plead has not been extended. Therefore, defendant, BUFFALO

SURGERY CENTER, is now in default in pleading.

       WHEREFORE, it is respectfully requested that this Court issue an Order for Default Judgment

as against the defendant, BUFFALO SURGERY CENTER, and directing such other and further relief as

this Court deems just and proper.




                                                            IAN K. TOWEY, ESQ.
Sworn to before me this
31 day of March, 2016.

                        Coed)
Not:   Public


            MARIEA.
         REG. NO. 01806336408
   a             Stata of New Yorke
        miConminton Expres ou 4oZo




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