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INDEX NO. 805131/2012
FILED: NEW YORK COUNTY CLERK 0972472012
NYSCEF DOC. NO. 23 RECEIVED SEE yat(2e42
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
eect enn nnn ne eee ene nee ee ee eee enennnnnennnene KX
PAULA MAGANA,
AFFIRMATION IN
Plaintiff, FURTHER SUPPORT OF
MOTION
-against-
Index No.: 805131/12
NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION, DAVID M. POPPERS, M.D., Assigned Judge: Kluger
KENNETH RIFKIND, M.D. AND SHIRIN EFSUBM
SABBAGHIAN, M.D. Returnable 9/28/12
Defendant(s).
etree ee ne eee nena XK
JUAN MAGANA,
Plaintiff, Index No.: 805189/12
-against-
NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION, DAVID M. POPPERS, M.D.,
KENNETH RIFKIND, M.D. AND SHIRIN
SABBAGHIAN, M.D.
Defendants
mene ee neem een een enn eennee XK
CLAUDIA CANOSA, an attorney duly admitted to practice in the Courts of the
State of New York and as an Associate Counsel in the Office of Legal Affairs of Salvatore J.
Russo General Counsel for the Defendant in both actions, NEW YORK CITY HEALTH AND
HOSPITALS CORPORATION (*NYCHHC”) affirms the truth of the following pursuant to
CPLR Rule 2106, upon information and belief and based upon the records maintained in the
office of said General Counsel.
1 This affirmation is submitted in support of the instant motion by plaintiff
JUAN MAGANA for an Order pursuant to CPLR 602 consolidating the two actions filed in New
York County Supreme Court under Index Numbers 805131/12 and 805189/12.
2 Inasmuch as the issues raised by Mr. and Mrs. Magana involve the same
medical treatment allegedly provided at Bellevue Hospital Center on May 25” and 26" 2011,
NYCHHC agrees that consolidation best serves the interests of the court and al! necessary
parties.
WHEREFORE, your affirmant respectfully requests that the motion for
consolidation pursuant to CPLR §602 be granted, and that the caption be amended accordingly,
along with such other and further relief as the Court may deem just and proper.
Dated: New York, New York
September 24, 2012
STATE OF NEW YORK, COUNTY OF NEW YORK, SS.:
The undersigned, an attorney admitted to practice in the Courts of New York
State shows: That (s)he is employed in the office of the General Counsel of the New York City
Health and Hospitals Corporation and affirms this statement to be true under the penalties of
perjury, pursuant to Rule 2106 CPLR:
That on the 24th day of September, 2012 (s)he served the annexed
AFFIRMATION
upon BETTY LUGO, Esq.
PACHECO & LUGO, PLLC
Attorneys for Plaintiff Juan Magana
340 Atlantic Avenue
Brooklyn, New York 11201
and
RONEMUS & VILENSKY
Attorneys for Plaintiff Paula Magana
112 Madison Avenue. 2™ Floor
NEW YORK, NEW YORK 10016
being the addresses within the State therefore designated by them for that purpose, by causing to
be deposited a copy of the same, enclosed in a prepaid wrapper in a post office box situated at
346 Broadway in the Borough of Manhattan, City of New York, regularly maintained by the
Government of the United States in said City.
Dated: New York, New York
September 24, 2012
Index No. 805131/12 and Index No. 805189/12
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
PAULA MAGANA,
Plaintiff,
-against-
NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION, DAVID M. POPPERS, M.D.,
KENNETH RIFKIND, M.D. AND SHIRIN
SABBAGHIAN, M.D.
Defendant(s).
AFFIRMATION:
JUAN MAGANA,
Plaintiff,
-against-
NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION, DAVID M. POPPERS, M_D.,
KENNETH RIFKIND, M.D. AND SHIRIN
SABBAGHIAN, M.D.
Defendants
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INDEX NO. 805131/2012 FILED: NEW YORK COUNTY CLERK 0972472012 NYSCEF DOC. NO. 23 RECEIVED SEE yat(2e42 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK eect enn nnn ne eee ene nee ee ee eee enennnnnennnene KX PAULA MAGANA, AFFIRMATION IN Plaintiff, FURTHER SUPPORT OF MOTION -against- Index No.: 805131/12 NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, DAVID M. POPPERS, M.D., Assigned Judge: Kluger KENNETH RIFKIND, M.D. AND SHIRIN EFSUBM SABBAGHIAN, M.D. Returnable 9/28/12 Defendant(s). etree ee ne eee nena XK JUAN MAGANA, Plaintiff, Index No.: 805189/12 -against- NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, DAVID M. POPPERS, M.D., KENNETH RIFKIND, M.D. AND SHIRIN SABBAGHIAN, M.D. Defendants mene ee neem een een enn eennee XK CLAUDIA CANOSA, an attorney duly admitted to practice in the Courts of the State of New York and as an Associate Counsel in the Office of Legal Affairs of Salvatore J. Russo General Counsel for the Defendant in both actions, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (*NYCHHC”) affirms the truth of the following pursuant to CPLR Rule 2106, upon information and belief and based upon the records maintained in the office of said General Counsel. 1 This affirmation is submitted in support of the instant motion by plaintiff JUAN MAGANA for an Order pursuant to CPLR 602 consolidating the two actions filed in New York County Supreme Court under Index Numbers 805131/12 and 805189/12. 2 Inasmuch as the issues raised by Mr. and Mrs. Magana involve the same medical treatment allegedly provided at Bellevue Hospital Center on May 25” and 26" 2011, NYCHHC agrees that consolidation best serves the interests of the court and al! necessary parties. WHEREFORE, your affirmant respectfully requests that the motion for consolidation pursuant to CPLR §602 be granted, and that the caption be amended accordingly, along with such other and further relief as the Court may deem just and proper. Dated: New York, New York September 24, 2012 STATE OF NEW YORK, COUNTY OF NEW YORK, SS.: The undersigned, an attorney admitted to practice in the Courts of New York State shows: That (s)he is employed in the office of the General Counsel of the New York City Health and Hospitals Corporation and affirms this statement to be true under the penalties of perjury, pursuant to Rule 2106 CPLR: That on the 24th day of September, 2012 (s)he served the annexed AFFIRMATION upon BETTY LUGO, Esq. PACHECO & LUGO, PLLC Attorneys for Plaintiff Juan Magana 340 Atlantic Avenue Brooklyn, New York 11201 and RONEMUS & VILENSKY Attorneys for Plaintiff Paula Magana 112 Madison Avenue. 2™ Floor NEW YORK, NEW YORK 10016 being the addresses within the State therefore designated by them for that purpose, by causing to be deposited a copy of the same, enclosed in a prepaid wrapper in a post office box situated at 346 Broadway in the Borough of Manhattan, City of New York, regularly maintained by the Government of the United States in said City. Dated: New York, New York September 24, 2012 Index No. 805131/12 and Index No. 805189/12 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PAULA MAGANA, Plaintiff, -against- NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, DAVID M. POPPERS, M.D., KENNETH RIFKIND, M.D. AND SHIRIN SABBAGHIAN, M.D. Defendant(s). AFFIRMATION: JUAN MAGANA, Plaintiff, -against- NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, DAVID M. POPPERS, M_D., KENNETH RIFKIND, M.D. AND SHIRIN SABBAGHIAN, M.D. Defendants