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INDEX NO. 805132/2012
(FILED: NEW YORK COUNTY CLERK 0971472012)
NYSCEF DOC. NO}! 44 RECEIVED NYSCEF: 09/14/2012
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
re cicctrciniminninainaeiniaint
cit!
EDWARD SCARANO and SUSAN SCARANO,
Plaintiffs, Index #: 805132/2012
AFFIRMATION IN
SUPPORT
-against-
DEAN VAFIADIS, D.D.S., Individually and
d/b/a/ NEW YORK SMILE INSTITUTE,
GARY GOLDSTEIN, D.D.S., GARY RUTH, D.D.S.,
MAXILLOFACIAL SURGERY SERVICES, L.L.C.,
GEORGE ANASTRASSOYV, M.D., D.D.S.,
BABAK GHALILI, D.D.S., and “JOHN DOE, M.D.”,
the name being fictitious but
intended to be the Anesthesiologist who
rendered services on plaintiff on
September 21, 2011,
Defendants.
xX
JOHN D. KATZ, an attorney duly admitted to practice before the Courts of the State of New
York, hereby affirms the following to be true, under penalty of perjury pursuant to New York Civil
Practice Law and Rules § 2106,
1 Tam an attorney associated with the office of KOLENOVSKY SPIEGEL LLP, attorneys
for the Defendants GEORGE E. ANASTASSOV, M.D., D.D.S., s/h/a GEORGE ANASTRASSOV,
M.D., D.D.S., and MAXILLOFACIALSURGERY SERVICES, L.L.C., herein, and am familiar with
the facts and circumstances of this case.
2. This affirmation in respectfully submitted in support of the within motion to preclude
the plaintiff from offering any evidence upon the trial of this action with respect to the matters more
particularly set forth in the Demand for a Verified Bill of Particulars dated August 1, 2012, and/or
for an Order striking plaintiff's complaint for failure to comply with Defendants’ discovery demands,
also dated August 1, 2012 and August 3, 2012.
3 Plaintiffs commenced the within action by the filing of a summons and complaint on
or about June 7, 2012. (Exhibit “B”). Issue was joined when Defendants GEORGE E.
ANASTASSOV, M.D., D.D.S., s/hfa GEORGE ANASTRASSOV, M.D., D.D.S., and
MAXILLOFACIAL SURGERY SERVICES, L.L.C., served an Answer and a Demand fora Verified
Bill of Particulars, along with other numerous discovery demands dated August 1, 2012. (Exhibit
“C”),
4 To date, we have not yet received any responses to any of our demands, despite the
written follow up correspondence of September 10, 2012, sent to plaintiffs’ counsel regarding the
above referenced discovery demands. Defendants GEORGE E. ANASTASSOV, M_D., D.D.S.,
s/h/a GEORGE ANASTRASSOV, M.D., D.D.S., and MAXILLOFACIALSURGERY SERVICES,
L.L.C., will be prejudiced in their ability to defend the action, without the requested discovery
materials.
5 No prior application has been made for the relief requested herein.
WHEREFORE, it is respectfully requested that the within motion be granted in its entirety
and the Court order plaintiff to serve a Verified Bill of Particulars as well as complete responses to
the numerous outstanding discovery demands, and for such other and further relief as the Court may
deem just and proper.
Dated: New York, New York
September 13, 2012
Yours, etc.,
KOLENOVSKY SPIEGEL LLP
Attorneys for Defendants
GEORGE E. ANASTASSOV, M.D., D.D.S, s/h/a
GEORGE ANASTRASSOV, M.D., D.D.S. and
MAXILLOFACIAL SURGERY SERVICES,
LLC.
By
John D. Katz, Si
135 West 29" Street, Suite 801
New York, New York 10001
(212)760-2222
Preview
INDEX NO. 805132/2012 (FILED: NEW YORK COUNTY CLERK 0971472012) NYSCEF DOC. NO}! 44 RECEIVED NYSCEF: 09/14/2012 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK re cicctrciniminninainaeiniaint cit! EDWARD SCARANO and SUSAN SCARANO, Plaintiffs, Index #: 805132/2012 AFFIRMATION IN SUPPORT -against- DEAN VAFIADIS, D.D.S., Individually and d/b/a/ NEW YORK SMILE INSTITUTE, GARY GOLDSTEIN, D.D.S., GARY RUTH, D.D.S., MAXILLOFACIAL SURGERY SERVICES, L.L.C., GEORGE ANASTRASSOYV, M.D., D.D.S., BABAK GHALILI, D.D.S., and “JOHN DOE, M.D.”, the name being fictitious but intended to be the Anesthesiologist who rendered services on plaintiff on September 21, 2011, Defendants. xX JOHN D. KATZ, an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the following to be true, under penalty of perjury pursuant to New York Civil Practice Law and Rules § 2106, 1 Tam an attorney associated with the office of KOLENOVSKY SPIEGEL LLP, attorneys for the Defendants GEORGE E. ANASTASSOV, M.D., D.D.S., s/h/a GEORGE ANASTRASSOV, M.D., D.D.S., and MAXILLOFACIALSURGERY SERVICES, L.L.C., herein, and am familiar with the facts and circumstances of this case. 2. This affirmation in respectfully submitted in support of the within motion to preclude the plaintiff from offering any evidence upon the trial of this action with respect to the matters more particularly set forth in the Demand for a Verified Bill of Particulars dated August 1, 2012, and/or for an Order striking plaintiff's complaint for failure to comply with Defendants’ discovery demands, also dated August 1, 2012 and August 3, 2012. 3 Plaintiffs commenced the within action by the filing of a summons and complaint on or about June 7, 2012. (Exhibit “B”). Issue was joined when Defendants GEORGE E. ANASTASSOV, M.D., D.D.S., s/hfa GEORGE ANASTRASSOV, M.D., D.D.S., and MAXILLOFACIAL SURGERY SERVICES, L.L.C., served an Answer and a Demand fora Verified Bill of Particulars, along with other numerous discovery demands dated August 1, 2012. (Exhibit “C”), 4 To date, we have not yet received any responses to any of our demands, despite the written follow up correspondence of September 10, 2012, sent to plaintiffs’ counsel regarding the above referenced discovery demands. Defendants GEORGE E. ANASTASSOV, M_D., D.D.S., s/h/a GEORGE ANASTRASSOV, M.D., D.D.S., and MAXILLOFACIALSURGERY SERVICES, L.L.C., will be prejudiced in their ability to defend the action, without the requested discovery materials. 5 No prior application has been made for the relief requested herein. WHEREFORE, it is respectfully requested that the within motion be granted in its entirety and the Court order plaintiff to serve a Verified Bill of Particulars as well as complete responses to the numerous outstanding discovery demands, and for such other and further relief as the Court may deem just and proper. Dated: New York, New York September 13, 2012 Yours, etc., KOLENOVSKY SPIEGEL LLP Attorneys for Defendants GEORGE E. ANASTASSOV, M.D., D.D.S, s/h/a GEORGE ANASTRASSOV, M.D., D.D.S. and MAXILLOFACIAL SURGERY SERVICES, LLC. By John D. Katz, Si 135 West 29" Street, Suite 801 New York, New York 10001 (212)760-2222