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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW Y ORK
---------------------------------------X
Shellyann HoffiTiañ and Olujimi Jolasho
Index No. 805302/2015
Plaintiff(s)/Petitioner(s),
- against -
Debra Taubel, M.D., Tirsit Asfaw, M.D.,
Dmitry Youshko, Megan Kwansiak, et. al.
Defendant(s)/Respondent(s).
------------------------------------------X
NOTICE TO COUNTY CLERK - CPLR § 8019(c)
order dated July 2, 2019 , andentered on 8, 2019 , theCourtdirected
By July
the County Clerk to make an entryon the docket of thismatter. As required by CPLR § 8019 (c), notice of theorder
ishereby given to the County Clerk with the request that the County Clerk make such entry.
2019 Mario Giannettino
Dated: July 16, (Name)
Kaufman Borgeest & Ryan,
(Firm)
200 Summit Lake Drive
(Address)
Valhalla, New York 10595
914-449-1000
(Phone)
914-449-1100
(Fax)
mgiannettino@kbrlaw.com
(E-Mail)
Brooklyn Hospital and La
Attorney(s) for
[THE ORDER MUST ACCOMPANY THIS NOTICE AS A SINGLE PDF]
3/19/12
NYSCEF DOC.. NO. 86 RECEIVED NYSCEF: 07/08/2019
SUPRFRB COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
SHELLYANN HOFFMAN and OLUJDdI JOLAOSHO,
Index No.: 805302/15
Plaintifgs),
SO ORDERED
-againste . STIPULATION
DEBRA TAUBEL, M.D., TIRSIT ASPAW, M.D.,
DMITRY YOUSHKO, M.D., MBOAN KWASNIAK,
M.D., LARISSA STATHAKBS, P.A., BROOKLYN
HOSPITAL and NEW YORK PRBSBYTERIAN
HOSPITAL,
Defendant(s).
X
IT IS HEREBY STIPULATED AND AOREED by and between the undersigned, the attomcys of
record for above captioned pardes, that the Court's Order/Decision dated May 31,2019 (annexed
hereto) be modiEed solely and only to the extent of changing the referred to date of September 9,
2014, (twice referenced within), to September 8, 2014.
N N ark
19
BY LPH JANIS, ESQ.
Iandon, P.C. .
for Plainnf&
SHELLYANN HOFFMAN and OLUJIMI JOLAOSHO . s
MeWn 66
59 Lane, Floor
New York, NY 10038
(212) 566 7500
· .
1 of .5
[F1LED : NEW YORK COUNTY CLERK 0 7 0 8 / 2 0 19 0 2-i 4 p P-Ñ INDEX NO. 805302/2015
/
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 07/08/2019
Garson & J , LLP
Attys for Deft. DMITRY YOUSHKO, M.D
14 Wall Street,Suite 6B
New York, New York 10005
(646) 863-8980 . . . . .
Kaufman & Ryan, LLP
Attys for Defts. LARISSA STATHAKES, P.A., BROOKLYN HOSPITAL
200 Smomit Lake Drive
Valhalia, New York 10595
(914) 449-1000
BY: ALISON G. DEANER
Aaronson Rappaport Feinstein & Deutsch, LLP
Attys for Defts. DEBRA TAUBEL, M.D., TIRSIT ASFAW, M.D., and NEW YORK
PRESBYTERIANHOSPITAL
600 Third Avenue
New York, New York 10016
(212) 593-6700 .
Defiandant MEGAN KWASNIAK, was never served.
M.D.,
Defendant MEGAN KWASNIAK, M.D., never interposed an Answer.
SO O P A) }
J.S.C.
HON ARTIN SHULMAR
2 of 5
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 07/08/2019
INDEX NO. 805302/2015
RECEIVED NYGCEF, 06/03/ 2019
NYSCEP Doc. EO. '79
SUPREME COURT OF THE STATE OF NEW YORK .
NEW YORK COUNTY
PART fAS MOTWN 1
PRESENT: HON. MARTIN 8HULMAN
Jouf fee
. X INDEXNO. 8o5302/@15
SHELLYANN HOFFMAN,OLtAllM1 JOLAOGHo, gagggjggqg
MoTION DATE 05/21/2019
Plains,
.v. MoTIONsEQ. No. 001 002
DE8RA TAusGL, TlR8rTASFAW,OMITRY YOusHKO, MEGAN
KWAsNIAM, LARLasA8TATHAKE8, sROOKLYNHOsPf TAL, .
NEw YORK PRESBYTERIAN HOSPfTAL. DECISION AND ORDER
Defendant.
The e-4tled
documents, Gatedby NYSCEF document number (Motion 00fl)44, 45, 46,47, 48,
fellowing
49, 50,51, $2,53, 54, 57,56, 59, 60, 61,62
were read on thismason toffer . DISCONTTNUE .
• The fogowing e-filed
documents, llated
by NYSCEF document number (Motion 002) 63, 64,66, 68, 67,
6s, So, 70,7 1, 72,
73, 74,75, 76, 77
VACATE -
were vesd on thismotion to/1br DECISION/ORDER/ JUDGlGlENT/AWARD .
On April 25, 2019 this court so-ordered the "StIpulation of Discontinuance as to
Defendants YoushkO, M.D., Megan Kwasniak, M.D., Lartssa Stathakes, P.A. and
Dmitry
Only" co-
Brooklyn Hospital dated April 8, 2019 (the "stipulation"). Counsel for
defendants Debra Taubel, M.D., Tirsit Asfaw, M.D. and New York P resbyterian Hospital
(collectively, the "NYPH defendants") did not sign the stipulation, having not yet
oilents'
received their approval thereto.
Unbeknownst to this court at the time Itso-ordered the stipulation, defendants
Stathakes and Brooklyn Hospital (collectively,the "Brooklyn defendants") had filed
motion sequence 1 herein requesting intera#a that the stipulation be so-ordered. That
motion was fliedon April 11, 2019 and was both returnable and marked submitted on
April 29. Meanwhile, on April 23 counsel for co-½nderit Youshko uploaded the
405303f2015MotionNo. 001002 Pagat of3
1 of 3
3 of 5
INDEX NO. 805302/2015
F ILED : NEW YORK COUNTY CLERK 0 7 / 0 8 / 2 0 1"9 2 :4 9 PM|
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 07/08/2019
as mz. sus m/ñd
M,·b·-'* DOC. N0. 79 RBCEIVHD aY9CEF: 06/03/2039
stipulation with a request to so-order and this court signed the stipulation two days later.
Counsel for the NYPH defendants thereafter moved to vacate the s5pulation (motion
sequence 2). Motion sequences 3 and 2 are consolidated fordisposition.
CPLR 3217(b) provides that actions may be discontinued by court order*upon
proper."
terms and conditions, as the court deems This court declines to vacate the
espu!etion. However, having now leamed that the stipulation was so-ordered before the
defendants'
NYPH defende& had an opportunity to parSally oppose the Brooklyn
motion and make their concoms known to the court, It serves the interests of justice.and
judicial economy to clarify the terms of the discontinuance to reflect that, as to the
NYPH deftendants, any and allclaims of negligence prior to September 9, 2014 and any
claims of emotional distress pursuant to Broadnex v Gonzalez, 2 NY3d 148 (2004), are
also discontinued. Plaintiffs may continue to pursue their other claims of emotional
distress as against the NYPH defendanta.
The foregoing clarification is warranted in that no cross.claims are pending. Itis
also undisputed that the NYPH defendants did not treat plaintiffprior to September 9,
2014. This court further notes that the moving papers Include email correspondence
between counsef for the parties concoming proposed language the NYPH defendants
pielntiffs'
requested be included In the stipulation. While counsel objected to the ,
defiendants'
language proposed,
initially the NYPN motion and partial opposition narrow
that language, and plaintiffs counsel has not opposed or.otherwise.objected to It,
defbndants'
The court has considered the Brooldyn opposition to the NYPH
defendants'
motion to vacate the silpulation..Judicial economy will not be served by
requiring the NYPH defendants to either move fbr partial summary judgment or bring a
season/sess meeen no.
cos ses pages ars
2 of 3
4 of 5
INDEX NO. 805302/2015
FILED : NEW YORK COUNTÝ CLERK 07 / 0 8 / 2 019 0 2 : 4 9 PM
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 07/08/2019
INDEK NO. 805302/ 2015
ascar noc. wo. •rs ... hacarvan urscar: .os/os/sols
derendants'
motion In limine at triaE The Brooidyn concerris are.moot given that the
court has declined to vacate the. stipufatlon,Instead issuing this subsequent clarification,
Accordingly, itis .
ORDERED that motion sequence i isgranted solely to the ekient that
defendants Stathakes and BrooIdyn Hosgiftaf are deleted from the chse caption, and the
motion isotherwise denied; and itIs further
ORDERED.that, witftin 20 days of the date thisorder laelectronically fBed,
counsel for the Brooklyn defendants shall.sulirnit to the New York Ogur)ty Clerk's E-Fife
Department via NYSCEF a copy of this omfor and a comp|eted NoUce to the County
C¼rk - CPLR§8019 [o](NYSCEF Form and the Clerk ·
l?F-22), is directed to arnend their
! .
records to reflectsuch change in the caption herein; and Itis further .
ORDERED that.motion sequence Ï Is denied; and (t isfurther-
ORDERED that this court's signature upon and approval of fie stipulason so-
; . . . ..
ordered on April 25, 2019 (NYSÇEF Doc. No. 56)-is subject to the terms and conditions
set forth herein.
5t31 19
DA MAlmN SHuUWAN,J.s,c. .
CMcK OME: GASEDISPOSES . NON-MNALD18P05Nt0N
GRANNID DENH1D NPANr opant
4,PucAm surn.mm . summronDun ,.
.
cumcK F APPROPfWAM MCEANNES PsDUCAARYAPPongrtmÈT RERBMBEE
.. 3 of 3
....
5 of 5
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW Y ORK ---------------------------------------X Shellyann HoffiTiañ and Olujimi Jolasho Index No. 805302/2015 Plaintiff(s)/Petitioner(s), - against - Debra Taubel, M.D., Tirsit Asfaw, M.D., Dmitry Youshko, Megan Kwansiak, et. al. Defendant(s)/Respondent(s). ------------------------------------------X NOTICE TO COUNTY CLERK - CPLR § 8019(c) order dated July 2, 2019 , andentered on 8, 2019 , theCourtdirected By July the County Clerk to make an entryon the docket of thismatter. As required by CPLR § 8019 (c), notice of theorder ishereby given to the County Clerk with the request that the County Clerk make such entry. 2019 Mario Giannettino Dated: July 16, (Name) Kaufman Borgeest & Ryan, (Firm) 200 Summit Lake Drive (Address) Valhalla, New York 10595 914-449-1000 (Phone) 914-449-1100 (Fax) mgiannettino@kbrlaw.com (E-Mail) Brooklyn Hospital and La Attorney(s) for [THE ORDER MUST ACCOMPANY THIS NOTICE AS A SINGLE PDF] 3/19/12 NYSCEF DOC.. NO. 86 RECEIVED NYSCEF: 07/08/2019 SUPRFRB COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK SHELLYANN HOFFMAN and OLUJDdI JOLAOSHO, Index No.: 805302/15 Plaintifgs), SO ORDERED -againste . STIPULATION DEBRA TAUBEL, M.D., TIRSIT ASPAW, M.D., DMITRY YOUSHKO, M.D., MBOAN KWASNIAK, M.D., LARISSA STATHAKBS, P.A., BROOKLYN HOSPITAL and NEW YORK PRBSBYTERIAN HOSPITAL, Defendant(s). X IT IS HEREBY STIPULATED AND AOREED by and between the undersigned, the attomcys of record for above captioned pardes, that the Court's Order/Decision dated May 31,2019 (annexed hereto) be modiEed solely and only to the extent of changing the referred to date of September 9, 2014, (twice referenced within), to September 8, 2014. N N ark 19 BY LPH JANIS, ESQ. Iandon, P.C. . for Plainnf& SHELLYANN HOFFMAN and OLUJIMI JOLAOSHO . s MeWn 66 59 Lane, Floor New York, NY 10038 (212) 566 7500 · . 1 of .5 [F1LED : NEW YORK COUNTY CLERK 0 7 0 8 / 2 0 19 0 2-i 4 p P-Ñ INDEX NO. 805302/2015 / NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 07/08/2019 Garson & J , LLP Attys for Deft. DMITRY YOUSHKO, M.D 14 Wall Street,Suite 6B New York, New York 10005 (646) 863-8980 . . . . . Kaufman & Ryan, LLP Attys for Defts. LARISSA STATHAKES, P.A., BROOKLYN HOSPITAL 200 Smomit Lake Drive Valhalia, New York 10595 (914) 449-1000 BY: ALISON G. DEANER Aaronson Rappaport Feinstein & Deutsch, LLP Attys for Defts. DEBRA TAUBEL, M.D., TIRSIT ASFAW, M.D., and NEW YORK PRESBYTERIANHOSPITAL 600 Third Avenue New York, New York 10016 (212) 593-6700 . Defiandant MEGAN KWASNIAK, was never served. M.D., Defendant MEGAN KWASNIAK, M.D., never interposed an Answer. SO O P A) } J.S.C. HON ARTIN SHULMAR 2 of 5 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 07/08/2019 INDEX NO. 805302/2015 RECEIVED NYGCEF, 06/03/ 2019 NYSCEP Doc. EO. '79 SUPREME COURT OF THE STATE OF NEW YORK . NEW YORK COUNTY PART fAS MOTWN 1 PRESENT: HON. MARTIN 8HULMAN Jouf fee . X INDEXNO. 8o5302/@15 SHELLYANN HOFFMAN,OLtAllM1 JOLAOGHo, gagggjggqg MoTION DATE 05/21/2019 Plains, .v. MoTIONsEQ. No. 001 002 DE8RA TAusGL, TlR8rTASFAW,OMITRY YOusHKO, MEGAN KWAsNIAM, LARLasA8TATHAKE8, sROOKLYNHOsPf TAL, . NEw YORK PRESBYTERIAN HOSPfTAL. DECISION AND ORDER Defendant. The e-4tled documents, Gatedby NYSCEF document number (Motion 00fl)44, 45, 46,47, 48, fellowing 49, 50,51, $2,53, 54, 57,56, 59, 60, 61,62 were read on thismason toffer . DISCONTTNUE . • The fogowing e-filed documents, llated by NYSCEF document number (Motion 002) 63, 64,66, 68, 67, 6s, So, 70,7 1, 72, 73, 74,75, 76, 77 VACATE - were vesd on thismotion to/1br DECISION/ORDER/ JUDGlGlENT/AWARD . On April 25, 2019 this court so-ordered the "StIpulation of Discontinuance as to Defendants YoushkO, M.D., Megan Kwasniak, M.D., Lartssa Stathakes, P.A. and Dmitry Only" co- Brooklyn Hospital dated April 8, 2019 (the "stipulation"). Counsel for defendants Debra Taubel, M.D., Tirsit Asfaw, M.D. and New York P resbyterian Hospital (collectively, the "NYPH defendants") did not sign the stipulation, having not yet oilents' received their approval thereto. Unbeknownst to this court at the time Itso-ordered the stipulation, defendants Stathakes and Brooklyn Hospital (collectively,the "Brooklyn defendants") had filed motion sequence 1 herein requesting intera#a that the stipulation be so-ordered. That motion was fliedon April 11, 2019 and was both returnable and marked submitted on April 29. Meanwhile, on April 23 counsel for co-½nderit Youshko uploaded the 405303f2015MotionNo. 001002 Pagat of3 1 of 3 3 of 5 INDEX NO. 805302/2015 F ILED : NEW YORK COUNTY CLERK 0 7 / 0 8 / 2 0 1"9 2 :4 9 PM| NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 07/08/2019 as mz. sus m/ñd M,·b·-'* DOC. N0. 79 RBCEIVHD aY9CEF: 06/03/2039 stipulation with a request to so-order and this court signed the stipulation two days later. Counsel for the NYPH defendants thereafter moved to vacate the s5pulation (motion sequence 2). Motion sequences 3 and 2 are consolidated fordisposition. CPLR 3217(b) provides that actions may be discontinued by court order*upon proper." terms and conditions, as the court deems This court declines to vacate the espu!etion. However, having now leamed that the stipulation was so-ordered before the defendants' NYPH defende& had an opportunity to parSally oppose the Brooklyn motion and make their concoms known to the court, It serves the interests of justice.and judicial economy to clarify the terms of the discontinuance to reflect that, as to the NYPH deftendants, any and allclaims of negligence prior to September 9, 2014 and any claims of emotional distress pursuant to Broadnex v Gonzalez, 2 NY3d 148 (2004), are also discontinued. Plaintiffs may continue to pursue their other claims of emotional distress as against the NYPH defendanta. The foregoing clarification is warranted in that no cross.claims are pending. Itis also undisputed that the NYPH defendants did not treat plaintiffprior to September 9, 2014. This court further notes that the moving papers Include email correspondence between counsef for the parties concoming proposed language the NYPH defendants pielntiffs' requested be included In the stipulation. While counsel objected to the , defiendants' language proposed, initially the NYPN motion and partial opposition narrow that language, and plaintiffs counsel has not opposed or.otherwise.objected to It, defbndants' The court has considered the Brooldyn opposition to the NYPH defendants' motion to vacate the silpulation..Judicial economy will not be served by requiring the NYPH defendants to either move fbr partial summary judgment or bring a season/sess meeen no. cos ses pages ars 2 of 3 4 of 5 INDEX NO. 805302/2015 FILED : NEW YORK COUNTÝ CLERK 07 / 0 8 / 2 019 0 2 : 4 9 PM NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 07/08/2019 INDEK NO. 805302/ 2015 ascar noc. wo. •rs ... hacarvan urscar: .os/os/sols derendants' motion In limine at triaE The Brooidyn concerris are.moot given that the court has declined to vacate the. stipufatlon,Instead issuing this subsequent clarification, Accordingly, itis . ORDERED that motion sequence i isgranted solely to the ekient that defendants Stathakes and BrooIdyn Hosgiftaf are deleted from the chse caption, and the motion isotherwise denied; and itIs further ORDERED.that, witftin 20 days of the date thisorder laelectronically fBed, counsel for the Brooklyn defendants shall.sulirnit to the New York Ogur)ty Clerk's E-Fife Department via NYSCEF a copy of this omfor and a comp|eted NoUce to the County C¼rk - CPLR§8019 [o](NYSCEF Form and the Clerk · l?F-22), is directed to arnend their ! . records to reflectsuch change in the caption herein; and Itis further . ORDERED that.motion sequence Ï Is denied; and (t isfurther- ORDERED that this court's signature upon and approval of fie stipulason so- ; . . . .. ordered on April 25, 2019 (NYSÇEF Doc. No. 56)-is subject to the terms and conditions set forth herein. 5t31 19 DA MAlmN SHuUWAN,J.s,c. . CMcK OME: GASEDISPOSES . NON-MNALD18P05Nt0N GRANNID DENH1D NPANr opant 4,PucAm surn.mm . summronDun ,. . cumcK F APPROPfWAM MCEANNES PsDUCAARYAPPongrtmÈT RERBMBEE .. 3 of 3 .... 5 of 5