Preview
INDEX NO. 21169/2011E
(FILED: BRONX COUNTY CLERK 10/17/2017 04:03 PM
NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 10/17/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
wanenennenennecannneennnenennenenennnnnar
nan nene ene eenennnnennnnnnannnans,
KELLEY PHILLIPS,
Index No. 021169/2011E
Plaintiff,
NOTICE
OF MOTION
- against -
{Seeking to Dismiss
DREW SWISS and MONTEFIORE MEDICAL CENTER, Plaintiff's Complaint}
Defendants.
MOTION BY: O’CONNOR McGUINNESS CONTE DOYLE
OLESON WATSON & LOFTUS, LLP
Attorneys for Defendant
DREW SWISS
One Barker Avenue, Suite 675
White Plains, New York 10601-1517
(914) 948-4500
DATE, PLACE & TIME: November 20, 2017 at 9:30am
Bronx County Supreme Court
Motion Support Part, Room 217
851 Grand Concourse
Bronx, New York 10451
SUPPORTING PAPERS: Affirmation of Linda Montes, Esq. dated
October 17, 2017
EXHIBITS: (A) Summons and Verified Complaint (dated
May 27, 2011);
(8) Defendant Swiss’ Verified Answer (dated
July 15, 2011);
©) Supplemental Summons and Amended
Verified Complaint (dated May 24,
2013);
@) Defendant Swiss’ Verified Answer to
Amended Complaint (dated June 27,
2013);
©) Defendant Montefiore’s Verified Answer to
Amended Complaint (dated August
13, 2013);
() Court Order dated February 16, 2017;
(G) Court Order dated May 18, 2017;
1 of 3
INDEX NO. 21169/2011E
(FILED: BRONX COUNTY CLERK 10/17/2017 04:03 PM
NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 10/17/2017
(H) Court Order dated September 14, 2017, declined
to sign by the Hon. Laura G. Douglas;
@ Demands for Authorizations dated April 11,
2017, May 8, 2017 and May 16, 2017;
YO Defendant Swiss’ Correspondence to Plaintiff
dated March 24, 2017, March 27, 2017,
March 27, 2017, April 6, 2017 and April
6, 2017;
(K) Good Faith Letters dated March 16, 2017, May
9, 2017, May 18, 2017 and October 13,
2017.
RELIEF REQUESTED: Order dismissing the plaintiffs’ complaint, with
prejudice, in the above captioned action upon the ground
that that plaintiffs have unreasonably failed to comply
with defendants’ discovery demands, or in the
alternative, for an Order precluding the plaintiffs from
giving evidence as to the particulars in the complaint
demanded by moving defendants, or in the alternative,
grant an order striking plaintiff's complaint, or in the
alternative, precluding plaintiff from testifying at the
time of trial, together with such other and further relief
as this Court may deem just and proper.
ANSWERING AFFIDAVITS: If any, are to be served upon the undersigned within
seven (7) days of the return date of this motion.
PLEASE TAKE FURTHER NOTICE; that, in the event
service is not made upon the undersigned as set forth in
the preceding paragraph, the movant will object to the
submission of the opposition papers and to their
consideration by the Court. [See, Wallin v. Wallin, 34
A.D.2d 870.]
Dated: White Plains, New York
October 17, 2017
2 of 3
INDEX NO. 21169/2011E
(FILED: BRONX COUNTY CLERK 10/17/2017 04:03 PM
NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 10/17/2017
Respectfully Submitted By;
O’CONNOR McGUINNESS CONTE DOYLE
OLESON WATSON & LOFTUS, LLP
By:
a Zw SD,
é
LINDA MONTES
Vt
.
~
Attorneys for Defendant
DREW SWISS
One Barker Avenue, Suite 675
White Plains, New York 10601
(914) 948-4500
File No. 901-2279
TO HACH & ROSE, LLP
Attorneys for Plaintiff
185 Madison Avenue, 14" Floor
New York, New York 10016
(212) 779-0057
HAVKINS ROSENFELD RITZERT & VARRIALE, LLP
Attorneys for Defendant
MONTEFIORE MEDICAL CENTER
114 Old Country Road, Suite 300
Mineola, New York 11051
(516) 620-1700
File No. 11190-000305
3 of 3
Preview
INDEX NO. 21169/2011E (FILED: BRONX COUNTY CLERK 10/17/2017 04:03 PM NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 10/17/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX wanenennenennecannneennnenennenenennnnnar nan nene ene eenennnnennnnnnannnans, KELLEY PHILLIPS, Index No. 021169/2011E Plaintiff, NOTICE OF MOTION - against - {Seeking to Dismiss DREW SWISS and MONTEFIORE MEDICAL CENTER, Plaintiff's Complaint} Defendants. MOTION BY: O’CONNOR McGUINNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP Attorneys for Defendant DREW SWISS One Barker Avenue, Suite 675 White Plains, New York 10601-1517 (914) 948-4500 DATE, PLACE & TIME: November 20, 2017 at 9:30am Bronx County Supreme Court Motion Support Part, Room 217 851 Grand Concourse Bronx, New York 10451 SUPPORTING PAPERS: Affirmation of Linda Montes, Esq. dated October 17, 2017 EXHIBITS: (A) Summons and Verified Complaint (dated May 27, 2011); (8) Defendant Swiss’ Verified Answer (dated July 15, 2011); ©) Supplemental Summons and Amended Verified Complaint (dated May 24, 2013); @) Defendant Swiss’ Verified Answer to Amended Complaint (dated June 27, 2013); ©) Defendant Montefiore’s Verified Answer to Amended Complaint (dated August 13, 2013); () Court Order dated February 16, 2017; (G) Court Order dated May 18, 2017; 1 of 3 INDEX NO. 21169/2011E (FILED: BRONX COUNTY CLERK 10/17/2017 04:03 PM NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 10/17/2017 (H) Court Order dated September 14, 2017, declined to sign by the Hon. Laura G. Douglas; @ Demands for Authorizations dated April 11, 2017, May 8, 2017 and May 16, 2017; YO Defendant Swiss’ Correspondence to Plaintiff dated March 24, 2017, March 27, 2017, March 27, 2017, April 6, 2017 and April 6, 2017; (K) Good Faith Letters dated March 16, 2017, May 9, 2017, May 18, 2017 and October 13, 2017. RELIEF REQUESTED: Order dismissing the plaintiffs’ complaint, with prejudice, in the above captioned action upon the ground that that plaintiffs have unreasonably failed to comply with defendants’ discovery demands, or in the alternative, for an Order precluding the plaintiffs from giving evidence as to the particulars in the complaint demanded by moving defendants, or in the alternative, grant an order striking plaintiff's complaint, or in the alternative, precluding plaintiff from testifying at the time of trial, together with such other and further relief as this Court may deem just and proper. ANSWERING AFFIDAVITS: If any, are to be served upon the undersigned within seven (7) days of the return date of this motion. PLEASE TAKE FURTHER NOTICE; that, in the event service is not made upon the undersigned as set forth in the preceding paragraph, the movant will object to the submission of the opposition papers and to their consideration by the Court. [See, Wallin v. Wallin, 34 A.D.2d 870.] Dated: White Plains, New York October 17, 2017 2 of 3 INDEX NO. 21169/2011E (FILED: BRONX COUNTY CLERK 10/17/2017 04:03 PM NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 10/17/2017 Respectfully Submitted By; O’CONNOR McGUINNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP By: a Zw SD, é LINDA MONTES Vt . ~ Attorneys for Defendant DREW SWISS One Barker Avenue, Suite 675 White Plains, New York 10601 (914) 948-4500 File No. 901-2279 TO HACH & ROSE, LLP Attorneys for Plaintiff 185 Madison Avenue, 14" Floor New York, New York 10016 (212) 779-0057 HAVKINS ROSENFELD RITZERT & VARRIALE, LLP Attorneys for Defendant MONTEFIORE MEDICAL CENTER 114 Old Country Road, Suite 300 Mineola, New York 11051 (516) 620-1700 File No. 11190-000305 3 of 3