Preview
FILED: QUEENS COUNTY CLERK 09/21/2018 11:01 AM INDEX NO. 704721/2018
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 09/21/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------------------- --x
LINDA E. DeSANTIS, as Proposed Administrator of Index No.: 704721/2018
the Estate of LORETTA DeSANTIS, deceased,
NOTICE OF CROSS-MOTION
Plaintiff,
-against- Return date: October 2018
3,
KENNEDY PAVILION RH I,LLC, KENNEDY
PAVILION RH I,LLC d/b/a THE PAVILION AT
QUEENS FOR REHABILITATION & NURSING, THE
PAVILION AT QUEENS FOR REHABILITATION &
NURSING, KENNEDY PAVILION RH, LLC,
Individually and d/b/a THE PAVILION AT QUEENS
FOR REHABILITATION & NURSING, WOODMERE
REHABILITATION AND HEALTH CARE CENTER
INC., WOODMERE REHABILITATION AND
HEALTH CARE CENTER INC. d/b/a WOODMERE
REHABILITATION AND HEALTH CARE CENTER,
WOODMERE REHAB & HEALTH CARE CTR, INC.,
Individually and d/b/a WOODMERE REHAB &
HEALTH CARE CENTER, INC., and NORTHWELL
HEALTH f/k/a NORTH SHORE-LIJ NORTH SHORE
UNIVERSITY HOSPITAL,
Defendants.
-----------------------------------------------x
S I R S:
PLEASE TAKE NOTICE, that upon the annexed affirmation of Kevin R. Natale, Esq.
dated September 21, 2018, the exhibits annexed thereto, and all prior pleadings and proceedings,
the undersigned, on behalf of defendant NORTH SHORE UNIVERSITY HOSPITAL s/h/a
NORTHWELL HEALTH f/k/a NORTH SHORE-LIJ NORTH SHORE UNIVERSITY
HOSPITAL will cross-move this court before the Motion Support office to a judge to be
determined at the Queens County courthouse located at 88-11 Sutphin Boulevard, Jarñaica, New
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FILED: QUEENS COUNTY CLERK 09/21/2018 11:01 AM INDEX NO. 704721/2018
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 09/21/2018
Jamaica, New York 11435, on the 3rd day of October, 2018, at 9:30 a.m. or as soon thereafter as
counsel may be heard, for an order:
a) Pursuant to CPLR § 3211 (a)(3), CPLR § 321l(a)(7), and EPTL section 5-4.1,
dismissing the complaint upon the grounds that the plaintiff lacks the legal capacity to
prosecute this action and the complaint fails to state a cause of action upon which
relief can be granted;
b) Directing the Clerk of the court to enter judgment accordingly; and,
c) Granting such other and further relief as this court deems just and proper.
Dated: Roslyn, New York
September 21, 2018
Yours, etc.,
LAW OFFICES OF
BENVENUTO & SLATTERY
By:
Kevin R. Natale
Attorneys for Defendant
NORTH SHORE UNIVERSITY
HOSPITAL s/h/a NORTHWELL
HEALTH f/k/a NORTH SHORE-
LIJ NORTH SHORE UNIVERSITY
HOSPITAL
1800 Northern Boulevard
Roslyn, New York 11576
(516) 775-2236
TO: PARKER WAICHMAN LLP
Attorneys for Plaintiff
6 Harbor Park Drive
Port Washington, New York 11050
(516) 466-6500
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FILED: QUEENS COUNTY CLERK 09/21/2018 11:01 AM INDEX NO. 704721/2018
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 09/21/2018
WILSON, ELSER, MOSKOWITZ, EDELMAN
& DICKER, LLP
Attorneys for Defendants
WOODMERE REHABLITATION AND HEALTH
CARE CENTER, INC., WOODMERE REHABILITATION
AND HEALTH CARE CENTER, INC. d/b/a WOODMERE
REHABLITATION AND HEALTH CARE CENTER,
WOODMERE REHAB & HEALTH CARE CTR, INC.,
Individually and d/b/a WOODMERE REHAB & HEALTH
CARE CENTER, INC.
1133 Westchester Avenue
White Plains, New York 10604
(914) 323-7000
KAUFMAN, BORGEEST & RYAN, LLP
Attorneys for Defendants
KENNEDY PAVILION RH, LLC s/h/a
KENNEDY PAVILION RH 1, LLC, KENNEDY
PAVILION RH 1, LLC d/b/a THE PAVILION
AT QUEENS FOR REHABILITATION &
NURSING, THE PAVILION AT QUEENS FOR
REHABILITATION & NURSING, KENNEDY
PAVILIOly RH LLC, Individually and d/b/a THE
PAVILION AT QUEENS FOR REHABILITATION
& NURSING
120 Broadway, 14th Floor
New York, New York 10271
(212) 980-9291
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FILED: QUEENS COUNTY CLERK 09/21/2018 11:01 AM INDEX NO. 704721/2018
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 09/21/2018
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
)ss.:
COUNTY OF NASSAU )
Mireya Orsini, being duly sworn, deposes and says:
I am not a party to the within action, am over 18 years of age and reside in Nassau County,
New York.
On September 21, 2018, deponent served the within NOTICE OF CROSS-MOTION and
AFFIRMATION IN SUPPORT upon the following party by depositing a true copy of same in a
post-paid properly addressed wrapper, in an official depository under the exclusive care and
custody of the United States Postal Service within the State of New York.
PARKER WAICHMAN LLP WILSON, ELSER, MOSKOWITZ,
Attorneys forPlaintiff EDELMAN & DICKER, LLP
6 Harbor Park Drive Attorneys forDefendants
Port Washinger, New York 11050 WOODMERE REHABILITATION AND
HEALTH CARE CENTER, INC.,
KAUFMAN, BORGEEST & RYAN, LLP WOODMERE REHABILITATION AND
Attorneys for Defendants HEALTH CARE CENTER INC. d/b/a
KENNEDY PAVILION RH, LLC s/h/a WOODMERE REHABILITATION AND
KENNEDY PAVILION RH 1, LLC, KENNEDY HEALTH CARE CENTER, WOODMERE
PAVILION RH 1, LLC d/b/a THE PAVILION REHAB & HEALTH CARE CTR, INC.,
AT QUEENS FOR.REHABILITATION & individually and d/b/aWOODMERE REHAB
NURSING, THE PAVILION AT QUEENS FOR & HEALTH CARE CENTER, INC.
REHABILITATION & NURSING, KENNEDY I133 Westchester Avenue
PAVILION RH LLC, Individüä"y and d/b/a T White Plains,New York 10604
THE PAVILION AT QUEENS FOR
REHABILITATION & NURSING
120 Broadway, 14th Floor
New York, New York 10271
Mireya O ini
Sworn to before me this
2 y of Septeniber, 2018.
NOTARY PUB IC
DEBORAH ANTONUCCI
State ofNew York
No.tary Public,
No. 5009177
Qualified in Suffolk Countý
.
Expires March 8, 20,,,,.
Commission
4 of 4
Preview
FILED: QUEENS COUNTY CLERK 09/21/2018 11:01 AM INDEX NO. 704721/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 09/21/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------- --x LINDA E. DeSANTIS, as Proposed Administrator of Index No.: 704721/2018 the Estate of LORETTA DeSANTIS, deceased, NOTICE OF CROSS-MOTION Plaintiff, -against- Return date: October 2018 3, KENNEDY PAVILION RH I,LLC, KENNEDY PAVILION RH I,LLC d/b/a THE PAVILION AT QUEENS FOR REHABILITATION & NURSING, THE PAVILION AT QUEENS FOR REHABILITATION & NURSING, KENNEDY PAVILION RH, LLC, Individually and d/b/a THE PAVILION AT QUEENS FOR REHABILITATION & NURSING, WOODMERE REHABILITATION AND HEALTH CARE CENTER INC., WOODMERE REHABILITATION AND HEALTH CARE CENTER INC. d/b/a WOODMERE REHABILITATION AND HEALTH CARE CENTER, WOODMERE REHAB & HEALTH CARE CTR, INC., Individually and d/b/a WOODMERE REHAB & HEALTH CARE CENTER, INC., and NORTHWELL HEALTH f/k/a NORTH SHORE-LIJ NORTH SHORE UNIVERSITY HOSPITAL, Defendants. -----------------------------------------------x S I R S: PLEASE TAKE NOTICE, that upon the annexed affirmation of Kevin R. Natale, Esq. dated September 21, 2018, the exhibits annexed thereto, and all prior pleadings and proceedings, the undersigned, on behalf of defendant NORTH SHORE UNIVERSITY HOSPITAL s/h/a NORTHWELL HEALTH f/k/a NORTH SHORE-LIJ NORTH SHORE UNIVERSITY HOSPITAL will cross-move this court before the Motion Support office to a judge to be determined at the Queens County courthouse located at 88-11 Sutphin Boulevard, Jarñaica, New 1 of 4 FILED: QUEENS COUNTY CLERK 09/21/2018 11:01 AM INDEX NO. 704721/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 09/21/2018 Jamaica, New York 11435, on the 3rd day of October, 2018, at 9:30 a.m. or as soon thereafter as counsel may be heard, for an order: a) Pursuant to CPLR § 3211 (a)(3), CPLR § 321l(a)(7), and EPTL section 5-4.1, dismissing the complaint upon the grounds that the plaintiff lacks the legal capacity to prosecute this action and the complaint fails to state a cause of action upon which relief can be granted; b) Directing the Clerk of the court to enter judgment accordingly; and, c) Granting such other and further relief as this court deems just and proper. Dated: Roslyn, New York September 21, 2018 Yours, etc., LAW OFFICES OF BENVENUTO & SLATTERY By: Kevin R. Natale Attorneys for Defendant NORTH SHORE UNIVERSITY HOSPITAL s/h/a NORTHWELL HEALTH f/k/a NORTH SHORE- LIJ NORTH SHORE UNIVERSITY HOSPITAL 1800 Northern Boulevard Roslyn, New York 11576 (516) 775-2236 TO: PARKER WAICHMAN LLP Attorneys for Plaintiff 6 Harbor Park Drive Port Washington, New York 11050 (516) 466-6500 2 of 4 FILED: QUEENS COUNTY CLERK 09/21/2018 11:01 AM INDEX NO. 704721/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 09/21/2018 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP Attorneys for Defendants WOODMERE REHABLITATION AND HEALTH CARE CENTER, INC., WOODMERE REHABILITATION AND HEALTH CARE CENTER, INC. d/b/a WOODMERE REHABLITATION AND HEALTH CARE CENTER, WOODMERE REHAB & HEALTH CARE CTR, INC., Individually and d/b/a WOODMERE REHAB & HEALTH CARE CENTER, INC. 1133 Westchester Avenue White Plains, New York 10604 (914) 323-7000 KAUFMAN, BORGEEST & RYAN, LLP Attorneys for Defendants KENNEDY PAVILION RH, LLC s/h/a KENNEDY PAVILION RH 1, LLC, KENNEDY PAVILION RH 1, LLC d/b/a THE PAVILION AT QUEENS FOR REHABILITATION & NURSING, THE PAVILION AT QUEENS FOR REHABILITATION & NURSING, KENNEDY PAVILIOly RH LLC, Individually and d/b/a THE PAVILION AT QUEENS FOR REHABILITATION & NURSING 120 Broadway, 14th Floor New York, New York 10271 (212) 980-9291 3 of 4 FILED: QUEENS COUNTY CLERK 09/21/2018 11:01 AM INDEX NO. 704721/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 09/21/2018 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) )ss.: COUNTY OF NASSAU ) Mireya Orsini, being duly sworn, deposes and says: I am not a party to the within action, am over 18 years of age and reside in Nassau County, New York. On September 21, 2018, deponent served the within NOTICE OF CROSS-MOTION and AFFIRMATION IN SUPPORT upon the following party by depositing a true copy of same in a post-paid properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York. PARKER WAICHMAN LLP WILSON, ELSER, MOSKOWITZ, Attorneys forPlaintiff EDELMAN & DICKER, LLP 6 Harbor Park Drive Attorneys forDefendants Port Washinger, New York 11050 WOODMERE REHABILITATION AND HEALTH CARE CENTER, INC., KAUFMAN, BORGEEST & RYAN, LLP WOODMERE REHABILITATION AND Attorneys for Defendants HEALTH CARE CENTER INC. d/b/a KENNEDY PAVILION RH, LLC s/h/a WOODMERE REHABILITATION AND KENNEDY PAVILION RH 1, LLC, KENNEDY HEALTH CARE CENTER, WOODMERE PAVILION RH 1, LLC d/b/a THE PAVILION REHAB & HEALTH CARE CTR, INC., AT QUEENS FOR.REHABILITATION & individually and d/b/aWOODMERE REHAB NURSING, THE PAVILION AT QUEENS FOR & HEALTH CARE CENTER, INC. REHABILITATION & NURSING, KENNEDY I133 Westchester Avenue PAVILION RH LLC, Individüä"y and d/b/a T White Plains,New York 10604 THE PAVILION AT QUEENS FOR REHABILITATION & NURSING 120 Broadway, 14th Floor New York, New York 10271 Mireya O ini Sworn to before me this 2 y of Septeniber, 2018. NOTARY PUB IC DEBORAH ANTONUCCI State ofNew York No.tary Public, No. 5009177 Qualified in Suffolk Countý . Expires March 8, 20,,,,. Commission 4 of 4