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FILED: NEW YORK INDEX NO. 805132/2012
COUNTY CLERK 07/15/2015 01:59 PM
NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 07/15/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
mene n enn n ene n enn n ene en mene nen en en en nnn en nnn nen en nn ee neneX Index No.: 805132/2012
EDWARD SCARANO and SUSAN SCARANO,
Plaintiff, SUPPLEMENTAL NOTICE
FOR DISCOVERY and
-against- INSPECTION OF SPECIFIED
INFORMATION AS TO
GEORGE ANASTRASSOV, MD, DDS
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 ANASTRASSOV, M.D., D.D.S.,
BABAK GHALILI, D.D.S. and MARK
KOVALEVSKIY,
Defendants.
COUNSELLORS:
PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq. and Rule
3120, the attorneys for defendant GEORGE ANASTRASSOV, M.D., D.D.S., are hereby
required to produce and permit discovery by the plaintiffs or their attorneys or someone
acting on their behalf, of the following documents and items in your possession, custody
or control or in the possession, custody or control of the party you represent in this action,
for inspection at the offices of VALERIE J. CROWN, ATORNEY AT LAW, P.C., 151
North Main Street, New City, New York, within twenty days from the date of this
Demand at 10:00 in the forenoon of that day:
i Provide Dina Mastoras’ home address, as testified to by GEORGE
ANASTRASSOV, M.D., D.D.S., at his of deposition of May 26, 2015.
2. Produce models that were taken in September 2011, as testified to by
GEORGE ANASTRASSOV, M.D., D.D.S., at his of deposition of May 26, 2015.
3 Provide computerized fees, as testified to by GEORGE ANASTRASSOV,
M.D., D.D.S., at his of deposition of May 26, 2015.
PLEASE TAKE FURTHER NOTICE that, the foregoing are continuing
demands and if any of the above items are obtained after the date of this demand, same
are to be furnished to the undersigned. Pursuant to CPLR 3101 (h) new information
learned after your response will be considered willfully and wrongfully withheld if it is
not revealed in response to these continuing demands.
PLEASE TAKE FURTHER NOTICE that, upon the failure of any party
you represent to comply with the applicable parts of this demand, the undersigned will
object to the introduction of such materials, evidence, records, reports, witnesses and/or
testimony at the trial of this action as to those materials, evidence, records and/or
testimony, witnesses and reports which have not been produced in accordance with this
demand. PLEASE NOTE THAT IT IS A VIOLATION OF DR7-102 TO FAIL TO
TURN OVER WHAT YOUR CLIENT HAS AND WHAT THE INSURANCE
CARRIER WHO HIRED YOU HAS POSSESSION OF.
PLEASE TAKE FURTHER NOTICE that, clear photocopies of the
information set forth above may be supplied to the offices of the undersigned within the
time set forth above in lieu of actual production of same.
PLEASE TAKE FURTHER NOTICE that, a motion may be made to
strike and/or dismiss a pleading if same is not complied with.
PLEASE TAKE FURTHER NOTICE that, a failure to move timely for a
protective order, or notify us of your objections pursuant to the CPLR shall be deemed a
waiver
PLEASE TAKE FURTHER NOTICE THAT all demands for the
information above is demanded of defendants, defendant's attorneys and of any nonparty
or its agents or employees that the attorney represents or who pays the attorneys' fees.
Dated: New City, New York
July 13, 2015
Yours, etc.
VALERIE J. CROWN
ATTORNEY AT LAW, P.C.
By
VALE J. CROWN, ESQ.
ATTORNEY FOR PLAINTIFFS
151 NORTH MAIN STREET
4™ FLOOR
NEW CITY, NY 10956
845-708-5900
TO: RAWLE & HENDERSON, LLP
Attorneys for Defendants
GEORGE E. ANASTASSOVE, M.D., D.D.S
and MAXILLOFACIAL SURGERY SERVICES, LLC.
170 Old Country Road, Suite 502
Mineola, New York 11501
(516) 294-2001
LANDMAN, CORSI, BALLAINE & FORD, P.C.
Attorneys for Defendant
GARY GOLDSTEIN, D.D.S.
120 Broadway — 27th Floor
New York, New York 10271
(212) 238-4800
LAW OFFICES OF CHARLES J. SIEGEL
Attorneys for Defendant
DEAN VAFIADIS, D.D.S.
125 Broad Street — 7th Floor
New York, New York 10004
(212) 440-2350
CARROLL MCNULTY & KULL, LLC
Attorneys for Defendant
GARY RUTH, D.D.S.
570 Lexington Avenue — 8th Floor
New York, New York 10022
(212) 252-0004
MORRIS, DUFFY, ALONSO & FALEY
Attorneys for Defendant
BABAK GHALILI, D.D.S.
2 Rector Street — 22nd Floor
New York, NY 10006
(212) 766-1888
PATRICK F. ADAMS, P.L.L.C.
Attorney for Defendant
MARK KOVALEVSKIY, M.D.
30 Vesey Street — 12th Floor
New York, NY 10007
(212) 791-9730
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FILED: NEW YORK INDEX NO. 805132/2012 COUNTY CLERK 07/15/2015 01:59 PM NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 07/15/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK mene n enn n ene n enn n ene en mene nen en en en nnn en nnn nen en nn ee neneX Index No.: 805132/2012 EDWARD SCARANO and SUSAN SCARANO, Plaintiff, SUPPLEMENTAL NOTICE FOR DISCOVERY and -against- INSPECTION OF SPECIFIED INFORMATION AS TO GEORGE ANASTRASSOV, MD, DDS 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 ANASTRASSOV, M.D., D.D.S., BABAK GHALILI, D.D.S. and MARK KOVALEVSKIY, Defendants. COUNSELLORS: PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq. and Rule 3120, the attorneys for defendant GEORGE ANASTRASSOV, M.D., D.D.S., are hereby required to produce and permit discovery by the plaintiffs or their attorneys or someone acting on their behalf, of the following documents and items in your possession, custody or control or in the possession, custody or control of the party you represent in this action, for inspection at the offices of VALERIE J. CROWN, ATORNEY AT LAW, P.C., 151 North Main Street, New City, New York, within twenty days from the date of this Demand at 10:00 in the forenoon of that day: i Provide Dina Mastoras’ home address, as testified to by GEORGE ANASTRASSOV, M.D., D.D.S., at his of deposition of May 26, 2015. 2. Produce models that were taken in September 2011, as testified to by GEORGE ANASTRASSOV, M.D., D.D.S., at his of deposition of May 26, 2015. 3 Provide computerized fees, as testified to by GEORGE ANASTRASSOV, M.D., D.D.S., at his of deposition of May 26, 2015. PLEASE TAKE FURTHER NOTICE that, the foregoing are continuing demands and if any of the above items are obtained after the date of this demand, same are to be furnished to the undersigned. Pursuant to CPLR 3101 (h) new information learned after your response will be considered willfully and wrongfully withheld if it is not revealed in response to these continuing demands. PLEASE TAKE FURTHER NOTICE that, upon the failure of any party you represent to comply with the applicable parts of this demand, the undersigned will object to the introduction of such materials, evidence, records, reports, witnesses and/or testimony at the trial of this action as to those materials, evidence, records and/or testimony, witnesses and reports which have not been produced in accordance with this demand. PLEASE NOTE THAT IT IS A VIOLATION OF DR7-102 TO FAIL TO TURN OVER WHAT YOUR CLIENT HAS AND WHAT THE INSURANCE CARRIER WHO HIRED YOU HAS POSSESSION OF. PLEASE TAKE FURTHER NOTICE that, clear photocopies of the information set forth above may be supplied to the offices of the undersigned within the time set forth above in lieu of actual production of same. PLEASE TAKE FURTHER NOTICE that, a motion may be made to strike and/or dismiss a pleading if same is not complied with. PLEASE TAKE FURTHER NOTICE that, a failure to move timely for a protective order, or notify us of your objections pursuant to the CPLR shall be deemed a waiver PLEASE TAKE FURTHER NOTICE THAT all demands for the information above is demanded of defendants, defendant's attorneys and of any nonparty or its agents or employees that the attorney represents or who pays the attorneys' fees. Dated: New City, New York July 13, 2015 Yours, etc. VALERIE J. CROWN ATTORNEY AT LAW, P.C. By VALE J. CROWN, ESQ. ATTORNEY FOR PLAINTIFFS 151 NORTH MAIN STREET 4™ FLOOR NEW CITY, NY 10956 845-708-5900 TO: RAWLE & HENDERSON, LLP Attorneys for Defendants GEORGE E. ANASTASSOVE, M.D., D.D.S and MAXILLOFACIAL SURGERY SERVICES, LLC. 170 Old Country Road, Suite 502 Mineola, New York 11501 (516) 294-2001 LANDMAN, CORSI, BALLAINE & FORD, P.C. Attorneys for Defendant GARY GOLDSTEIN, D.D.S. 120 Broadway — 27th Floor New York, New York 10271 (212) 238-4800 LAW OFFICES OF CHARLES J. SIEGEL Attorneys for Defendant DEAN VAFIADIS, D.D.S. 125 Broad Street — 7th Floor New York, New York 10004 (212) 440-2350 CARROLL MCNULTY & KULL, LLC Attorneys for Defendant GARY RUTH, D.D.S. 570 Lexington Avenue — 8th Floor New York, New York 10022 (212) 252-0004 MORRIS, DUFFY, ALONSO & FALEY Attorneys for Defendant BABAK GHALILI, D.D.S. 2 Rector Street — 22nd Floor New York, NY 10006 (212) 766-1888 PATRICK F. ADAMS, P.L.L.C. Attorney for Defendant MARK KOVALEVSKIY, M.D. 30 Vesey Street — 12th Floor New York, NY 10007 (212) 791-9730