On June 13, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Kathleen Fayo Adm,
Marion Fayo Est Of,
and
Northern Riverview Health Care Center, Inc.,
for Torts - Other (Nursing Home)
in the District Court of Rockland County.
Preview
FILED: ROCKLAND COUNTY CLERK 05/27/2020 09:17 AM INDEX NO. 033087/2019
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/27/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
--------------------------------------------------------------------X
MARION FAYO, Deceased, by and through, KATHLEEN Index No.: 033087/19
FAYO, as Administrator of the Estate of MARION FAYO,
NOTICE OF MOTION
Plaintiff,
-against-
NORTHERN RIVERVIEW HEALTH CARE CENTER,
INC.
Defendant.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that upon the Affirmations of Dena Operman, dated May 27,
2020, the annexed exhibits, and all of the pleadings and proceedings in this matter, defendant
NORTHERN RIVERVIEW HEALTHCARE CENTER s/h/a NORTHERN RIVERVIEW
HEALTH CARE CENTER, INC., by its attorneys, WILSON ELSER MOSKOWITZ EDELMAN
& DICKER, LLP, will move this Court at the Courthouse located at 1 S. Main Street, New City,
New York 10956 on the 17th day of June, 2020, at 9:30 o’clock in the forenoon, or as soon
thereafter as counsel can be heard, for an Order pursuant to CPLR 3124 and 3126 and 3042:
(a) Dismissing plaintiff’s Complaint for failure to respond to any discovery demands,
including demands for HIPAA-compliant authorizations and a Verified Bill of
Particulars;
(b) Precluding plaintiff from offering evidence at trial; or
(c) Compelling plaintiff to comply with all outstanding discovery by a date certain; and
(d) For such other and further relief as this Court deems just and proper.
1 of 2
FILED: ROCKLAND COUNTY CLERK 05/27/2020 09:17 AM INDEX NO. 033087/2019
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/27/2020
PLEASE TAKE FURTHER NOTICE, that answering papers, if any, must be served
on the undersigned at least seven (7) days prior to the return date of this motion.
Dated: White Plains, New York
May 27, 2020
Yours, etc.,
_Dena Operman__________________________
Dena Operman
WILSON ELSER MOSKOWITZ EDELMAN & DICKER,
LLP
Attorneys for Defendant
NORTHERN RIVERVIEW HEALTHCARE CENTER
s/h/a NORTHERN RIVERVIEW HEALTH CARE
CENTER, INC.
1133 Westchester Avenue
White Plains, New York 10604
(914) 872-7227
File No.: 9824.934
TO: Finkelstein & Partners, LLP
Attorneys for Plaintiff
1279 Route 300, PO Box 1111
Newburgh, New York 12551
(845) 563-9545
2 of 2
Document Filed Date
May 27, 2020
Case Filing Date
June 13, 2019
Category
Torts - Other (Nursing Home)
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FILED: ROCKLAND COUNTY CLERK 05/27/2020 09:17 AM INDEX NO. 033087/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/27/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND --------------------------------------------------------------------X MARION FAYO, Deceased, by and through, KATHLEEN Index No.: 033087/19 FAYO, as Administrator of the Estate of MARION FAYO, NOTICE OF MOTION Plaintiff, -against- NORTHERN RIVERVIEW HEALTH CARE CENTER, INC. Defendant. ----------------------------------------------------------------------X PLEASE TAKE NOTICE, that upon the Affirmations of Dena Operman, dated May 27, 2020, the annexed exhibits, and all of the pleadings and proceedings in this matter, defendant NORTHERN RIVERVIEW HEALTHCARE CENTER s/h/a NORTHERN RIVERVIEW HEALTH CARE CENTER, INC., by its attorneys, WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP, will move this Court at the Courthouse located at 1 S. Main Street, New City, New York 10956 on the 17th day of June, 2020, at 9:30 o’clock in the forenoon, or as soon thereafter as counsel can be heard, for an Order pursuant to CPLR 3124 and 3126 and 3042: (a) Dismissing plaintiff’s Complaint for failure to respond to any discovery demands, including demands for HIPAA-compliant authorizations and a Verified Bill of Particulars; (b) Precluding plaintiff from offering evidence at trial; or (c) Compelling plaintiff to comply with all outstanding discovery by a date certain; and (d) For such other and further relief as this Court deems just and proper. 1 of 2 FILED: ROCKLAND COUNTY CLERK 05/27/2020 09:17 AM INDEX NO. 033087/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/27/2020 PLEASE TAKE FURTHER NOTICE, that answering papers, if any, must be served on the undersigned at least seven (7) days prior to the return date of this motion. Dated: White Plains, New York May 27, 2020 Yours, etc., _Dena Operman__________________________ Dena Operman WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP Attorneys for Defendant NORTHERN RIVERVIEW HEALTHCARE CENTER s/h/a NORTHERN RIVERVIEW HEALTH CARE CENTER, INC. 1133 Westchester Avenue White Plains, New York 10604 (914) 872-7227 File No.: 9824.934 TO: Finkelstein & Partners, LLP Attorneys for Plaintiff 1279 Route 300, PO Box 1111 Newburgh, New York 12551 (845) 563-9545 2 of 2