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FILED: KINGS COUNTY CLERK 04/11/2019 04:12 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/11/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
NATHANIEL GRAYTON, and Infant, by his Mother and
Natural Guardian, SHERRI SKIDMORE, Index No.: 508009/2013
Plaintiff, ATTORNEY AFFIRMATION
-against-
VASUSHA VISWANTATHAN, M.D., CALIXTO
CAZANO, M.D., RAJENDRA BHAYANI, M.D.,
FERNANDO GINEBRA, M.D., SONY LOISEAU, M.D.
and WYCHOFF HEIGHTS MEDICAL CENTER,
Defendants.
GINETTE M. PORTERA, affirms under penalty of perjury as follows:
1, I am an attorney licensed to practice in the State of New York and am a partner in the
law firm of BROWN, GAUJEAN, KRAUS & SASTOW, PLLC, attorneys for defendant
RAJENDRA BHAYANI, M.D. (hereinafter, "BHAYANI") in the above-captioned case. As
such, I am familiar with the facts and relevant to the innunt matter.
fully
2. This affirmation is submitted in support of the motion of BHAYAI for an Order,
defendants'
pursuant to CPLR § 2004, extending time to move for summary judgment due to
the existence of significant outstanding discovery, and granting such other relief as deemed
just and proper by this court.
3. BHAYANI hereby adopts and incorporates the factual and procedural history set forth
in the order to show cause filed on behalf of co-defendants CALIXTO CAZANO, M.D.
(hereinafter, "CAZANO") and FERNANDO GINEBRA, M.D. (hereinafter, "GINEBRA") on
March 28, 2019.
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FILED: KINGS COUNTY CLERK 04/11/2019 04:12 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/11/2019
4. Significant discovery remains outstanding, including the depositions of defendants
CAZANO, BHAYANI, GINEBRA, SONY LOISEAU, M.D., and WYCKOFF HEIGHTS
MEDICAL CENTER. Thus, the court should grant the application of CAZANO and
GINEBRA to extend the time to file summary judgment motions until sixty (60) days after the
completion of discovery. For the same reasons, the court should grant the instant motion,
which seeks the identical relief.
5, Requiring BHAYANI to submit a summary judgment before party depositions have
been completed would severely prejudice defendants. Without obtaining testimony from the
remaining defendants, a motion for summary judgment would be both incomplete and
premature.
6. Lastly, BHAYANI has complied with allof her outstanding discovery obligations. As
such, she should not be punished for any delay beyond her control.
WHEREFORE, for the foregoing reasons, as well as those set forth in the order to
show cause submitted on behalf of CAZANO and GINEBRA, all of which are incorporated
by reference, BHAYANI respectfully requests that the court grant the instant motion in its
entirety.
Dated: White Plains, New York
April 11, 2019
n tteM. Portera
2
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FILED: KINGS COUNTY CLERK 04/11/2019 04:12 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/11/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NATHANIEL GRAYTON, and Infant, by his Mother and Natural Guardian, SHERRI SKIDMORE, Index No.: 508009/2013 Plaintiff, ATTORNEY AFFIRMATION -against- VASUSHA VISWANTATHAN, M.D., CALIXTO CAZANO, M.D., RAJENDRA BHAYANI, M.D., FERNANDO GINEBRA, M.D., SONY LOISEAU, M.D. and WYCHOFF HEIGHTS MEDICAL CENTER, Defendants. GINETTE M. PORTERA, affirms under penalty of perjury as follows: 1, I am an attorney licensed to practice in the State of New York and am a partner in the law firm of BROWN, GAUJEAN, KRAUS & SASTOW, PLLC, attorneys for defendant RAJENDRA BHAYANI, M.D. (hereinafter, "BHAYANI") in the above-captioned case. As such, I am familiar with the facts and relevant to the innunt matter. fully 2. This affirmation is submitted in support of the motion of BHAYAI for an Order, defendants' pursuant to CPLR § 2004, extending time to move for summary judgment due to the existence of significant outstanding discovery, and granting such other relief as deemed just and proper by this court. 3. BHAYANI hereby adopts and incorporates the factual and procedural history set forth in the order to show cause filed on behalf of co-defendants CALIXTO CAZANO, M.D. (hereinafter, "CAZANO") and FERNANDO GINEBRA, M.D. (hereinafter, "GINEBRA") on March 28, 2019. 1 of 2 FILED: KINGS COUNTY CLERK 04/11/2019 04:12 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 04/11/2019 4. Significant discovery remains outstanding, including the depositions of defendants CAZANO, BHAYANI, GINEBRA, SONY LOISEAU, M.D., and WYCKOFF HEIGHTS MEDICAL CENTER. Thus, the court should grant the application of CAZANO and GINEBRA to extend the time to file summary judgment motions until sixty (60) days after the completion of discovery. For the same reasons, the court should grant the instant motion, which seeks the identical relief. 5, Requiring BHAYANI to submit a summary judgment before party depositions have been completed would severely prejudice defendants. Without obtaining testimony from the remaining defendants, a motion for summary judgment would be both incomplete and premature. 6. Lastly, BHAYANI has complied with allof her outstanding discovery obligations. As such, she should not be punished for any delay beyond her control. WHEREFORE, for the foregoing reasons, as well as those set forth in the order to show cause submitted on behalf of CAZANO and GINEBRA, all of which are incorporated by reference, BHAYANI respectfully requests that the court grant the instant motion in its entirety. Dated: White Plains, New York April 11, 2019 n tteM. Portera 2 2 of 2