On June 08, 2012 a
Motion-Secondary
was filed
involving a dispute between
Edward Scarano,
Susan Scarano,
and
Babak Ghalili D.D.S.,
Dean Vafiadis D.D.S. Individuallyand D B A New York Smile Institute,
Gary Goldstein D.D.S.,
Gary Ruth D.D.S.,
George Anastrassov M.D. D.D.S.,
Mark Kovalevskiy M.D.,
Maxillofacial Surgery Services, L.L.C.,
for Medical Malpractice
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 12/28/2016 12:00 PM INDEX NO. 805132/2012
NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 12/28/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
EDWARD SCARANO and SUSAN SCARANO,
Index No:805132/2012
Plaintiffs,
- against -
AFFIRMATION IN
DEANVAFIADIS, D.D.S., Individually and d/b/a NEW SUPPORT OF ORDER
YORK SMILE INSTITUTE, GARY GOLDSTEIN, TO SHOW CAUSE TO
D.D.S., GARY RUTH, D.D.S., MAXILLOFACIAL DISMISS CLAIM FOR
SURGERY SERVICES, L.L.C., GEORGE PUNITIVE DAMAGES
ANASTRASSOV, 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.
RITA S. MENCHEL, an attorney duly admitted to practice law in the Courts of the
State of New York, affirms the following under penalty of perjury:
1. I am a member of the firm of CARROLL MCNULTY & KULL, LLC, attorneys
for defendant, GARY RUTH, D.D.S. (hereinafter “Dr. Ruth”) and, as such, I am fully familiar
with the facts and circumstances of this action as reflected in the file maintained by this office in
the defense of this matter.
2. This affirmation is being submitted in support of defendant’s motion seeking an
Order: (a) pursuant to CPLR Rule 3211(a)(7) and Rule 3212, dismissing plaintiff’s request for
punitive damages as to defendant Dr. Ruth on the ground that there exists no substantial question
of fact that plaintiff’s allegations against Dr. Ruth do not rise to a level beyond ordinary dental
malpractice, thus barring the imposition of punitive damages; (b) pursuant to CPLR 3024(b),
striking the prejudicial language, namely “wanton,” “reckless” and “recklessly,” from plaintiff’s
Complaint and Verified Bill of Particulars as to Dr. Ruth; and (c) for such other and further relief
as may be just, proper, and equitable.
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Document Filed Date
December 28, 2016
Case Filing Date
June 08, 2012
Category
Medical Malpractice
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FILED: NEW YORK COUNTY CLERK 12/28/2016 12:00 PM INDEX NO. 805132/2012 NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 12/28/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK EDWARD SCARANO and SUSAN SCARANO, Index No:805132/2012 Plaintiffs, - against - AFFIRMATION IN DEANVAFIADIS, D.D.S., Individually and d/b/a NEW SUPPORT OF ORDER YORK SMILE INSTITUTE, GARY GOLDSTEIN, TO SHOW CAUSE TO D.D.S., GARY RUTH, D.D.S., MAXILLOFACIAL DISMISS CLAIM FOR SURGERY SERVICES, L.L.C., GEORGE PUNITIVE DAMAGES ANASTRASSOV, 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. RITA S. MENCHEL, an attorney duly admitted to practice law in the Courts of the State of New York, affirms the following under penalty of perjury: 1. I am a member of the firm of CARROLL MCNULTY & KULL, LLC, attorneys for defendant, GARY RUTH, D.D.S. (hereinafter “Dr. Ruth”) and, as such, I am fully familiar with the facts and circumstances of this action as reflected in the file maintained by this office in the defense of this matter. 2. This affirmation is being submitted in support of defendant’s motion seeking an Order: (a) pursuant to CPLR Rule 3211(a)(7) and Rule 3212, dismissing plaintiff’s request for punitive damages as to defendant Dr. Ruth on the ground that there exists no substantial question of fact that plaintiff’s allegations against Dr. Ruth do not rise to a level beyond ordinary dental malpractice, thus barring the imposition of punitive damages; (b) pursuant to CPLR 3024(b), striking the prejudicial language, namely “wanton,” “reckless” and “recklessly,” from plaintiff’s Complaint and Verified Bill of Particulars as to Dr. Ruth; and (c) for such other and further relief as may be just, proper, and equitable. 1 of 19 2 of 19 3 of 19 4 of 19 5 of 19 6 of 19 7 of 19 8 of 19 9 of 19 10 of 19 11 of 19 12 of 19 13 of 19 14 of 19 15 of 19 16 of 19 17 of 19 18 of 19 19 of 19