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YORK OUN Kk Dv INDEX NO. 805132/2012
NYSCEF BOC. NO. 351 RECEIVED NYSCEF 10/30/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
EDWARD SCARANO and SUSAN SCARANO,
Index No: 805132/2012
Plaintiffs,
- against - NOTICE OF MOTION
DEANVAFIADIS, 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 "JOHN DOE, M.D.", the name being fictitious
but intended to be the Anesthesiologist who rendered
services on plaintiff on September 21, 2011
Defendants
MOTION BY: KENNEDYS CMK LLP
Attorneys for Defendant
GARY RUTH, D.D.S.
PLACE, DATE AND Supreme Court of the State of New York
TIME OF MOTION: New York County
60 Center Street
Motion Support
New York, New York
November 28, 2017
9:30 a.m.
SUPPORTING PAPERS: Affirmation of MICHELE A. SIMENSKY, ESQ.
Dated October 25, 2017 and annexed exhibits.
RELIEF: An Order: (1) an Order pursuant to CPLR 3217(b) seeking A
Court Ordered discontinuance in favor of GARY RUTH, D.D.S.;
(2) for an Order dismissing the Complaint as against defendant,
GARY RUTH, D.D.S.; and (3) removing defendant, GARY RUTH,
D.D.S. from the caption; and (4) such other, further and
different relief as this Court deems just and proper.
ANSWERING PAPERS: Pursuant to CPLR § 2214(b), answering papers, if any, must be
served at least 7 days prior to the return date of this motion.
This is a dental malpractice action.
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(FILED: NEW YORK COUNTY CLERK 1073072017 03:31 PM INDEX NO. 805132/2012
NYSCEF DOC. NO. 351 RECEIVED NYSCEF: 10/30/2017
Plaintiff filed a Note of Issue on November 4, 2016.
| hereby certify pursuant to 22 NYCRR § 130-1.1-a(b)
that, to the best of my knowledge, information and belief,
formed after an inquiry reasonable under the
circumstances, the presentation of the papers listed below
or the contentions therein are not frivolous as defined in
22 NYCRR $ 130-1.1(c).
Dated: New York, New York
October 27, 2017
Yours, etc.,
KENNEDYS CMK LLP
GE >
By: Michele A. Simensky
Attorneys for Defendant
GARY RUTH, D.D.S.
570 Lexington Avenue - 8" Floor
New York, New York 10022
(646) 625-4000
File No.: 01590-00234
TO VALERIE J. CROWN, ATTORNEY AT LAW, P.C.
Attorneys for Plaintiffs
151 North Main Street, 4th Floor
New City, New York 10956
(845) 708-5900
RAWLE & HENDERSON LLP
Attorneys for Co-Defendants
GEORGE ANASTRASSOV, M.D., D.D.S. and
MAXILLOFACIAL SURGERY SERVICES, L.L.C.
170 Old Country Road, Suite 502
Mineola, New York 11501
(The following parties have been dismissed from the case)
DEAN VAFIADES, D.D.S., Individually and d/b/a NEW YORK SMILE INSTITUTE
GARY GOLDSTEIN, D.D.S.
BABAK GHALILI, D.D.S.
MARK KOVALEVSKIY, M.D.
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YORK OUN Kk Dv INDEX NO. 805132/2012 NYSCEF BOC. NO. 351 RECEIVED NYSCEF 10/30/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK EDWARD SCARANO and SUSAN SCARANO, Index No: 805132/2012 Plaintiffs, - against - NOTICE OF MOTION DEANVAFIADIS, 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 "JOHN DOE, M.D.", the name being fictitious but intended to be the Anesthesiologist who rendered services on plaintiff on September 21, 2011 Defendants MOTION BY: KENNEDYS CMK LLP Attorneys for Defendant GARY RUTH, D.D.S. PLACE, DATE AND Supreme Court of the State of New York TIME OF MOTION: New York County 60 Center Street Motion Support New York, New York November 28, 2017 9:30 a.m. SUPPORTING PAPERS: Affirmation of MICHELE A. SIMENSKY, ESQ. Dated October 25, 2017 and annexed exhibits. RELIEF: An Order: (1) an Order pursuant to CPLR 3217(b) seeking A Court Ordered discontinuance in favor of GARY RUTH, D.D.S.; (2) for an Order dismissing the Complaint as against defendant, GARY RUTH, D.D.S.; and (3) removing defendant, GARY RUTH, D.D.S. from the caption; and (4) such other, further and different relief as this Court deems just and proper. ANSWERING PAPERS: Pursuant to CPLR § 2214(b), answering papers, if any, must be served at least 7 days prior to the return date of this motion. This is a dental malpractice action. 1 of 2 (FILED: NEW YORK COUNTY CLERK 1073072017 03:31 PM INDEX NO. 805132/2012 NYSCEF DOC. NO. 351 RECEIVED NYSCEF: 10/30/2017 Plaintiff filed a Note of Issue on November 4, 2016. | hereby certify pursuant to 22 NYCRR § 130-1.1-a(b) that, to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the papers listed below or the contentions therein are not frivolous as defined in 22 NYCRR $ 130-1.1(c). Dated: New York, New York October 27, 2017 Yours, etc., KENNEDYS CMK LLP GE > By: Michele A. Simensky Attorneys for Defendant GARY RUTH, D.D.S. 570 Lexington Avenue - 8" Floor New York, New York 10022 (646) 625-4000 File No.: 01590-00234 TO VALERIE J. CROWN, ATTORNEY AT LAW, P.C. Attorneys for Plaintiffs 151 North Main Street, 4th Floor New City, New York 10956 (845) 708-5900 RAWLE & HENDERSON LLP Attorneys for Co-Defendants GEORGE ANASTRASSOV, M.D., D.D.S. and MAXILLOFACIAL SURGERY SERVICES, L.L.C. 170 Old Country Road, Suite 502 Mineola, New York 11501 (The following parties have been dismissed from the case) DEAN VAFIADES, D.D.S., Individually and d/b/a NEW YORK SMILE INSTITUTE GARY GOLDSTEIN, D.D.S. BABAK GHALILI, D.D.S. MARK KOVALEVSKIY, M.D. 2 of 2