Preview
FILED: NEW YORK COUNTY CLERK 06/28/2017 02:14 PM INDEX NO. 805132/2012
NYSCEF DOC. NO. 328 RECEIVED NYSCEF: 06/28/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY NEW YORK
X
EDWARD SCARANO, SUSAN SCARANO, lndex No: 80513212012
Plaintiffs,
-against- SUPPLEMENTAL
AFFIRMATION
DEAN VAFIADIS, D.D.S., lndividually and dlbla
NEW YORK SMILE INSTITUTE, GARY RUTH,
D.D.S., MAXILLOFACIAL SURGERY
SERVICES, L.L.C., GEORGE ANASTRASSOV,
M.D., D.D.S.,
Defendants
X
GEORGE N. KALAMARAS, ESQ., an attorney duly admitted to practice law
before the courts of the State of New York, hereby affirms, upon information and belief,
the following to be true pursuant to CPLR S 2106 under the penalties of perjury:
1. lam an associate at the law firm of RAWLE & HENDERSON LLP,
attorneys of record for defendants, GEORGE ANASTASSOV, M.D. , D.D.S. s/h/a
GEORGE ANASTRASSOV (hereinafter DR. ANASTASSOV) and
MAXILLOFACIAL SURGERY SERVICES, L.L.C.(hereinafter MSS) , in the above
captioned matter, as such I am familiar with the facts and circumstances
contained herein
2. This supplemental affirmation is submitted in support of the defendants'
motion to reargue the denial sub silencio of DR. ANASTASSOV and MSS's
motion for dismissal of plaintiff's claim sounding in breach of contract; and to
amend your affirmant's initial Affirmation dated June 27,2017 by withdrawing the
defendants', DR. ANASTASSOV and MSS, part of motion with respect to
10610782-3
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FILED: NEW YORK COUNTY CLERK 06/28/2017 02:14 PM INDEX NO. 805132/2012
NYSCEF DOC. NO. 328 RECEIVED NYSCEF: 06/28/2017
plaintiff's claims sounding in patient abandonment and/or constructive
abandonment; and
For such other and further relief that this court deems just and proper.
3. Your affirmant submitted a Notice of Motion, an Affirmation, and exhibits
annexed thereto on June 27, 2017 requesting this court grant defendants'
motion to reargue the denial sub silencio of DR. ANASTASSOV and MSS's
motion for a.) dismissal of plaintiff's claim sounding in patient abandonment
and/or constructive abandonment; b.) dismissal of plaintiff's claim sounding in
breach of contract; and for such other and further relief that this court deems just
and proper including dismissal of all other non-malpractice craims.
4. subsequent, to defendants, DR. ANASTASSoV and MSS, submitting their
moving papers, plaintiffs, EDWARD scARANo and susAN scARANo, by
their attorneys executed a Stipulation of Discontinuance as to plaintiffs' claims for
actual and constructive abandonment as to the defendants, DR. ANASTASSOV
and MSS.
5. Due to plaintiffs' execution of a Stipulation of Discontinuance as to plaintiffs'
claims for actual and constructive abandonment as to the defendants, DR.
ANASTASSoV and MSS, that portion of defendants, DR. ANASTASSov and
MSS, motion with respect to plaintiff's claims sounding in patient abandonment
and/or constructive abandonment are rendered moot and are respectfully
withdrawn.
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FILED: NEW YORK COUNTY CLERK 06/28/2017 02:14 PM INDEX NO. 805132/2012
NYSCEF DOC. NO. 328 RECEIVED NYSCEF: 06/28/2017
WHEREFORE, it is respectfully submitted that this court grant
Defendants', DR. ANASTASSOV and MAXILLOFACIAL SURGERY SERVICES
L.L.C., motion for re-argument and grant DR. ANASTASSOV and
MAXILLOFACIAL SURGERY SERVICES, L.L.C. motion dismissing plaintiff's
claims sounding in breach of contract, and all other non-malpractice causes of
action together with such other and further relief as this court deems just and
proper.
Dated: Mineola, New York
June 28, 2017
Geo ras, Esq
I06 I 0782-3
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Preview
FILED: NEW YORK COUNTY CLERK 06/28/2017 02:14 PM INDEX NO. 805132/2012 NYSCEF DOC. NO. 328 RECEIVED NYSCEF: 06/28/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY NEW YORK X EDWARD SCARANO, SUSAN SCARANO, lndex No: 80513212012 Plaintiffs, -against- SUPPLEMENTAL AFFIRMATION DEAN VAFIADIS, D.D.S., lndividually and dlbla NEW YORK SMILE INSTITUTE, GARY RUTH, D.D.S., MAXILLOFACIAL SURGERY SERVICES, L.L.C., GEORGE ANASTRASSOV, M.D., D.D.S., Defendants X GEORGE N. KALAMARAS, ESQ., an attorney duly admitted to practice law before the courts of the State of New York, hereby affirms, upon information and belief, the following to be true pursuant to CPLR S 2106 under the penalties of perjury: 1. lam an associate at the law firm of RAWLE & HENDERSON LLP, attorneys of record for defendants, GEORGE ANASTASSOV, M.D. , D.D.S. s/h/a GEORGE ANASTRASSOV (hereinafter DR. ANASTASSOV) and MAXILLOFACIAL SURGERY SERVICES, L.L.C.(hereinafter MSS) , in the above captioned matter, as such I am familiar with the facts and circumstances contained herein 2. This supplemental affirmation is submitted in support of the defendants' motion to reargue the denial sub silencio of DR. ANASTASSOV and MSS's motion for dismissal of plaintiff's claim sounding in breach of contract; and to amend your affirmant's initial Affirmation dated June 27,2017 by withdrawing the defendants', DR. ANASTASSOV and MSS, part of motion with respect to 10610782-3 1 of 3 FILED: NEW YORK COUNTY CLERK 06/28/2017 02:14 PM INDEX NO. 805132/2012 NYSCEF DOC. NO. 328 RECEIVED NYSCEF: 06/28/2017 plaintiff's claims sounding in patient abandonment and/or constructive abandonment; and For such other and further relief that this court deems just and proper. 3. Your affirmant submitted a Notice of Motion, an Affirmation, and exhibits annexed thereto on June 27, 2017 requesting this court grant defendants' motion to reargue the denial sub silencio of DR. ANASTASSOV and MSS's motion for a.) dismissal of plaintiff's claim sounding in patient abandonment and/or constructive abandonment; b.) dismissal of plaintiff's claim sounding in breach of contract; and for such other and further relief that this court deems just and proper including dismissal of all other non-malpractice craims. 4. subsequent, to defendants, DR. ANASTASSoV and MSS, submitting their moving papers, plaintiffs, EDWARD scARANo and susAN scARANo, by their attorneys executed a Stipulation of Discontinuance as to plaintiffs' claims for actual and constructive abandonment as to the defendants, DR. ANASTASSOV and MSS. 5. Due to plaintiffs' execution of a Stipulation of Discontinuance as to plaintiffs' claims for actual and constructive abandonment as to the defendants, DR. ANASTASSoV and MSS, that portion of defendants, DR. ANASTASSov and MSS, motion with respect to plaintiff's claims sounding in patient abandonment and/or constructive abandonment are rendered moot and are respectfully withdrawn. 106107&2-3 2 of 3 FILED: NEW YORK COUNTY CLERK 06/28/2017 02:14 PM INDEX NO. 805132/2012 NYSCEF DOC. NO. 328 RECEIVED NYSCEF: 06/28/2017 WHEREFORE, it is respectfully submitted that this court grant Defendants', DR. ANASTASSOV and MAXILLOFACIAL SURGERY SERVICES L.L.C., motion for re-argument and grant DR. ANASTASSOV and MAXILLOFACIAL SURGERY SERVICES, L.L.C. motion dismissing plaintiff's claims sounding in breach of contract, and all other non-malpractice causes of action together with such other and further relief as this court deems just and proper. Dated: Mineola, New York June 28, 2017 Geo ras, Esq I06 I 0782-3 3 of 3