Preview
FILED: QUEENS COUNTY CLERK 01/14/2020 01:32 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/14/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------------------------------------------------------------------------X
THERESA ROBINSON and DEREK ROBINSON,
Index No.:
717964/2018
Plaintiffs,
REPLY AFFIRMATION
- against -
NORTHWELL HEALTH, INC., LONG ISLAND JEWISH
MEDICAL CENTER, DEEPAK NANDA, M.D., P.C.,
DEEPAK NANDA, M.D., and EMMANUEL M. PAFOS,
M.D.,
Defendants
-----------------------------------------------------------------------X
JAMES S. PAGLINAWAN, ESQ., an attorney duly licensed to practice law before the
Courts of the State of New York, hereby affirms the following to be true under the penalties of
perjury:
1. I am an attorney at THE PAGLINAWAN FIRM, P.C. attorney for plaintiffs
THERESA ROBINSON and DEREK ROBINSON(hereinafter “Plaintiffs”). As such, and from a
review of the file maintained in this office, I am fully familiar with the facts and circumstances
of this case.
2. This Affirmation, along with the annexed exhibits, is submitted to reply to the
opposition to Plaintiffs’ motion for an Order: (a) pursuant to CPLR 3124 compelling defendants
NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER to provide
responses to Plaintiffs’ demands within seven days of the order or be precluded from
introducing, at the time of trial, any and all evidence related to issues of liability and damages;
and (b) for such other and further relief as this Court deems just and proper. For the reasons
stated below, this motion should be granted in its entirety.
1 of 7
FILED: QUEENS COUNTY CLERK 01/14/2020 01:32 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/14/2020
3. More than six months after Plaintiffs had served their Demand for Bill of
Particulars as to Affirmative Defenses and Combined Discovery and Demands upon all parties,
attorneys for defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH
MEDICAL CENTER finally provided some sort of response. More than three months after the
prior attorneys for these defendants, Benvenuto & Slattery, had notified all parties that Gordon &
Silber, P.C. would assume representation for these defendants, a consent to change attorney was
finally filed. Attorneys for these defendants show a pattern of delay – and clearly cannot be
bothered to give this Court any explanation for it. Attorneys for these defendant seems to believe
that it is acceptable to disregard this Court’s order, or the deadlines set forth in the CPLR.
4. Setting aside the six-month delay in serving a response to Plaintiffs’ discovery
demands, attorneys for defendants NORTHWELL HEALTH, INC. and LONG ISLAND
JEWISH MEDICAL CENTER do not come close to providing a proper response to these
demands. Regarding Plaintiffs’ Combined Discovery and Demands dated July 2, 2019, attorneys
for these defendants objected to all of Plaintiffs’ demands numbers one to eleven, providing no
extant legal and factual basis. These objections are frivolous -- and attorneys for these defendants
know it but still had the audacity to include them in the response.
5. Further, demand numbers two, three, and four are for medical, radiological
studies and billing records but attorneys for defendants NORTHWELL HEALTH, INC. and
LONG ISLAND JEWISH MEDICAL CENTER responded as follows: “Subject to and without
waiving this objection, Answering Defendants aver that upon receipt of payment for the cost of
duplicating the sought records, and to the extent that a valid HIPAA-compliant authorization has
been provided, a copy of such records will be provided under a separate cover.” Remarkably,
attorneys for these defendants cannot be bothered to attach an invoice for the cost of duplication,
2 of 7
FILED: QUEENS COUNTY CLERK 01/14/2020 01:32 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/14/2020
which would have allowed Plaintiffs to obtain these documents expeditiously. Again, attorneys
for these defendants clearly are not satisfied with the six-month delay they caused, and so now
want to cause further delay by demanding that Plaintiffs’ ahead of time a nonexistent invoice
before they provide Plaintiffs with, inter alia, the medical records from LONG ISLAND
JEWISH MEDICAL CENTER.
6. Regarding Plaintiffs’ Demand for Bill of Particulars as to Affirmative Defenses
dated July 2, 2019, attorneys for defendants NORTHWELL HEALTH, INC. and LONG
ISLAND JEWISH MEDICAL CENTER provided not a single legitimate response to Plaintiffs’
11 demands. In fact, attorneys for defendants objected to all, but one, demand. These objections
are frivolous -- and attorneys for these defendants know it but still had the audacity to include
them in the response. Case in point: regarding Plaintiffs’ demand for bill of particulars as to
these defendants’ affirmative defense of statute of limitations, attorneys for these defendants
stated: “Further, it is the plaintiffs’ burden to prove an action was timely commenced,” while
refusing to provide any basis for this affirmative defense. This is an affirmative defense, and by
definition, the party asserting the affirmative defense has the burden of proof. Yet, attorneys for
these defendants completely ignore the fundamentals of New York Practice by claiming that the
burden of proof is on Plaintiffs, and so refuse to provide a proper response to this demand.
7. CPLR 3126 provides penalties for refusal to comply with order or to disclose and
provides:
If any party, or a person who at the time a deposition is taken or an examination
or inspection is made is an officer, director, member, employee or agent of a party
or otherwise under a party’s control, refuses to obey an order for disclosure or
willfully fails to disclose information which the court finds ought to have been
disclosed pursuant to this article, the court may make such orders with regard to
the failure or refusal as are just, among them:
3 of 7
FILED: QUEENS COUNTY CLERK 01/14/2020 01:32 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/14/2020
1. an order that the issues to which the information is relevant shall be
deemed resolved for purposes of the action in accordance with the claims of the
party obtaining the order;
2. an order prohibiting the disobedient party from supporting or opposing
designated claims or defenses, from producing in evidence designated things or
items of testimony, or from introducing any evidence of the physical, mental or
blood condition sought to be determined, or from using certain witnesses; or
3. an order striking out pleadings or parts thereof, or staying further
proceedings until the order is obeyed, or dismissing the action or any part thereof,
or rendering a judgment by default against the disobedient party.
Thus, in the event that a party refuses to obey an order for disclosure or willfully fails to disclose
information that the court finds ought to have been disclosed, the court may order that issues to
which the information sought is relevant be deemed resolved for purposes for the action in
accordance with the claim of the party seeking the order, or issue an order prohibiting the
disobedient party from supporting or opposing any claims of defenses, or an order striking the
pleadings, dismissing the action, or rendering a default judgment. See CPLR 3126. CPLR 3124
also provides for a motion to compel disclosure when a party fails to answer, appear, or submit
to discovery.
8. Here, attorneys for defendants NORTHWELL HEALTH, INC. and LONG
ISLAND JEWISH MEDICAL CENTER have absolutely no justification for disobeying this
Court’s Order and such, it is clear that their refusal is willful. Expressing its frustration about our
professions systematic disregard for deadlines -- as exhibited by these defendants and their
counsel here -- in December of 2010, the New York Court of Appeals, in deciding Gibbs v. St.
Barnabas Hospital, reiterated:
As this Court has repeatedly emphasized, our court system is dependent on all
parties engaged in litigation abiding by the rules of proper practice. The failure to
comply with deadlines not only impairs the efficient functioning of the courts and
the adjudication of claims, but it places jurists unnecessarily in the position of
having to order enforcement remedies to responding to the delinquent conduct of
members of the bar, often to the detriment of the litigants they represent. Chronic
noncompliance with deadlines breeds disrespect for the dictates of the Civil
4 of 7
FILED: QUEENS COUNTY CLERK 01/14/2020 01:32 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/14/2020
Practice Law and Rules and a culture in which cases can linger for years without
resolution. Furthermore, those lawyers who engage their best efforts to comply
with practice rules are also effectively penalized because they must somehow
explain to their clients why they cannot secure timely responses from recalcitrant
adversaries, which leads to the erosion of their attorney-client relationships as
well. For these reason, it is important to adhere to the position we declared a
decade ago that “[i]f the credibility of court orders and the integrity of our judicial
system are to be maintained, a litigant cannot ignore court orders with impunity.”
16 N.Y.3d 74, 81 (2010) (emphasis added).
9. Here, attorneys for defendants NORTHWELL HEALTH, INC. and LONG
ISLAND JEWISH MEDICAL CENTER continue to refuse to provide proper responses to
Plaintiffs’ discovery demands six months after they were served. Additionally, I left a voice
message for Yanique L. Burke, Esq. on January 8, 2020 to discuss the remaining issues here.
However, Ms. Burke could not be bothered to return my call. I sent her an email on January 10,
2010 and she did not reply until January 13, 2020, claiming that she “just returned from vacation
recently.” In the email, she refused to discuss the issues here by phone.
10. The conduct of attorneys for defendants NORTHWELL HEALTH, INC. and
LONG ISLAND JEWISH MEDICAL CENTER is a textbook example of willful, contumacious,
and prejudicial. As such, anything less than striking the answers served on behalf defendants
NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER would be
insufficient to deter this conduct from occurring again. Therefore, this court should grant
Plaintiffs’ motion for an order for such other and further relief, striking the pleadings of these
defendants for their willful contumacious – and continued -- disobedience of this Court’s
preliminary conference order.
11. In the alternative, this Court should preclude defendants NORTHWELL
HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER from offering any
testimony to rebut Plaintiffs’ claims or to support their defense.
5 of 7
FILED: QUEENS COUNTY CLERK 01/14/2020 01:32 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/14/2020
12. In the alternative, Plaintiffs respectfully request that the Court compel these
defendants to adequately respond to outstanding discovery within seven days of the order or be
precluded from offering, at the time of trial, any and all evidence related to the issues of liability
and damages.
WHEREFORE, this Court should grant Plaintiffs’ Motion in its entirety, granting such other
and further relief as this Court may deem just and proper.
Dated: January 14, 2020
Forest Hills, New York
THE PAGLINAWAN FIRM, P.C.
Attorney for plaintiffs THERESA ROBINSON
and DEREK ROBINSON
118-21 Queens Blvd., Suite 501
Forest Hills, NY 11375
(718) 576-2544
BY: _____________________________
JAMES S. PAGLINAWAN
TO (VIA ECF):
BROWN, GAUJEAN, KRAUS & SASTOW, PLLC
Attorneys for defendants DEEPAK NANDA, M.D., P.C.
and DEEPAK NANDA, M.D.
One North Broadway, Suite 1010
White Plains, NY 10601
(914) 949-5300
GALVANO & XANTHAKIS, P.C.
Attorneys for defendant EMMANUEL M. PAFOS, M.D.
358 St. Marks Place, Suite 202
Staten Island, NY 10301
(212) 349-5150
GORDON & SILBER, P.C.
Attorneys for defendants NORTHWELL HEALTH, INC. and
LONG ISLAND JEWISH MEDICAL CENTER
355 Lexington Avenue, 7th Floor
New York, NY 10017
(212) 834-0600
6 of 7
FILED: QUEENS COUNTY CLERK 01/14/2020 01:32 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/14/2020
Index No.: 717964/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
THERESA ROBINSON and DEREK ROBINSON,
Plaintiffs,
- against -
NORTHWELL HEALTH, INC., LONG ISLAND JEWISH MEDICAL CENTER, DEEPAK NANDA,
M.D., P.C., DEEPAK NANDA, M.D., and EMMANUEL M. PAFOS, M.D.,
Defendants
REPLY AFFIRMATION
THE PAGLINAWAN FIRM, P.C.
Attorneys for Plaintiff(s)
118-21 Queens Blvd., Suite 501
Forest Hills, NY 11375
(718) 576-2544
=====================================================================
The undersigned attorney hereby certifies, pursuant to Fed. R. Civ. P. 11 and 22 NYCRR §130-1.1-a, that
I have read the within papers and that to the best of my knowledge and belief they are not frivolous as that
term is defined in 22 NYCRR § 130-1.1(c) and Fed. R. Civ. P. 11.
__________________________________
Attorney name: James Paglinawan
=====================================================================
=====================================================================
PLEASE TAKE NOTICE:
NOTICE OF ENTRY
that the within is a (certified) true copy of an duly entered in the office
of the clerk of the within named court on __________________200__.
NOTICE OF SETTLEMENT
that an order of which the within is a true copy, will be
presented for settlement to the HON. one of the judges of the
within named Court, at on 200___ at________ O’clock ___.M.
Dated: January 14, 2020
Yours, etc.
THE PAGLINAWAN FIRM, P.C.
7 of 7
Preview
FILED: QUEENS COUNTY CLERK 01/14/2020 01:32 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/14/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------------------X THERESA ROBINSON and DEREK ROBINSON, Index No.: 717964/2018 Plaintiffs, REPLY AFFIRMATION - against - NORTHWELL HEALTH, INC., LONG ISLAND JEWISH MEDICAL CENTER, DEEPAK NANDA, M.D., P.C., DEEPAK NANDA, M.D., and EMMANUEL M. PAFOS, M.D., Defendants -----------------------------------------------------------------------X JAMES S. PAGLINAWAN, ESQ., an attorney duly licensed to practice law before the Courts of the State of New York, hereby affirms the following to be true under the penalties of perjury: 1. I am an attorney at THE PAGLINAWAN FIRM, P.C. attorney for plaintiffs THERESA ROBINSON and DEREK ROBINSON(hereinafter “Plaintiffs”). As such, and from a review of the file maintained in this office, I am fully familiar with the facts and circumstances of this case. 2. This Affirmation, along with the annexed exhibits, is submitted to reply to the opposition to Plaintiffs’ motion for an Order: (a) pursuant to CPLR 3124 compelling defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER to provide responses to Plaintiffs’ demands within seven days of the order or be precluded from introducing, at the time of trial, any and all evidence related to issues of liability and damages; and (b) for such other and further relief as this Court deems just and proper. For the reasons stated below, this motion should be granted in its entirety. 1 of 7 FILED: QUEENS COUNTY CLERK 01/14/2020 01:32 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/14/2020 3. More than six months after Plaintiffs had served their Demand for Bill of Particulars as to Affirmative Defenses and Combined Discovery and Demands upon all parties, attorneys for defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER finally provided some sort of response. More than three months after the prior attorneys for these defendants, Benvenuto & Slattery, had notified all parties that Gordon & Silber, P.C. would assume representation for these defendants, a consent to change attorney was finally filed. Attorneys for these defendants show a pattern of delay – and clearly cannot be bothered to give this Court any explanation for it. Attorneys for these defendant seems to believe that it is acceptable to disregard this Court’s order, or the deadlines set forth in the CPLR. 4. Setting aside the six-month delay in serving a response to Plaintiffs’ discovery demands, attorneys for defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER do not come close to providing a proper response to these demands. Regarding Plaintiffs’ Combined Discovery and Demands dated July 2, 2019, attorneys for these defendants objected to all of Plaintiffs’ demands numbers one to eleven, providing no extant legal and factual basis. These objections are frivolous -- and attorneys for these defendants know it but still had the audacity to include them in the response. 5. Further, demand numbers two, three, and four are for medical, radiological studies and billing records but attorneys for defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER responded as follows: “Subject to and without waiving this objection, Answering Defendants aver that upon receipt of payment for the cost of duplicating the sought records, and to the extent that a valid HIPAA-compliant authorization has been provided, a copy of such records will be provided under a separate cover.” Remarkably, attorneys for these defendants cannot be bothered to attach an invoice for the cost of duplication, 2 of 7 FILED: QUEENS COUNTY CLERK 01/14/2020 01:32 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/14/2020 which would have allowed Plaintiffs to obtain these documents expeditiously. Again, attorneys for these defendants clearly are not satisfied with the six-month delay they caused, and so now want to cause further delay by demanding that Plaintiffs’ ahead of time a nonexistent invoice before they provide Plaintiffs with, inter alia, the medical records from LONG ISLAND JEWISH MEDICAL CENTER. 6. Regarding Plaintiffs’ Demand for Bill of Particulars as to Affirmative Defenses dated July 2, 2019, attorneys for defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER provided not a single legitimate response to Plaintiffs’ 11 demands. In fact, attorneys for defendants objected to all, but one, demand. These objections are frivolous -- and attorneys for these defendants know it but still had the audacity to include them in the response. Case in point: regarding Plaintiffs’ demand for bill of particulars as to these defendants’ affirmative defense of statute of limitations, attorneys for these defendants stated: “Further, it is the plaintiffs’ burden to prove an action was timely commenced,” while refusing to provide any basis for this affirmative defense. This is an affirmative defense, and by definition, the party asserting the affirmative defense has the burden of proof. Yet, attorneys for these defendants completely ignore the fundamentals of New York Practice by claiming that the burden of proof is on Plaintiffs, and so refuse to provide a proper response to this demand. 7. CPLR 3126 provides penalties for refusal to comply with order or to disclose and provides: If any party, or a person who at the time a deposition is taken or an examination or inspection is made is an officer, director, member, employee or agent of a party or otherwise under a party’s control, refuses to obey an order for disclosure or willfully fails to disclose information which the court finds ought to have been disclosed pursuant to this article, the court may make such orders with regard to the failure or refusal as are just, among them: 3 of 7 FILED: QUEENS COUNTY CLERK 01/14/2020 01:32 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/14/2020 1. an order that the issues to which the information is relevant shall be deemed resolved for purposes of the action in accordance with the claims of the party obtaining the order; 2. an order prohibiting the disobedient party from supporting or opposing designated claims or defenses, from producing in evidence designated things or items of testimony, or from introducing any evidence of the physical, mental or blood condition sought to be determined, or from using certain witnesses; or 3. an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or any part thereof, or rendering a judgment by default against the disobedient party. Thus, in the event that a party refuses to obey an order for disclosure or willfully fails to disclose information that the court finds ought to have been disclosed, the court may order that issues to which the information sought is relevant be deemed resolved for purposes for the action in accordance with the claim of the party seeking the order, or issue an order prohibiting the disobedient party from supporting or opposing any claims of defenses, or an order striking the pleadings, dismissing the action, or rendering a default judgment. See CPLR 3126. CPLR 3124 also provides for a motion to compel disclosure when a party fails to answer, appear, or submit to discovery. 8. Here, attorneys for defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER have absolutely no justification for disobeying this Court’s Order and such, it is clear that their refusal is willful. Expressing its frustration about our professions systematic disregard for deadlines -- as exhibited by these defendants and their counsel here -- in December of 2010, the New York Court of Appeals, in deciding Gibbs v. St. Barnabas Hospital, reiterated: As this Court has repeatedly emphasized, our court system is dependent on all parties engaged in litigation abiding by the rules of proper practice. The failure to comply with deadlines not only impairs the efficient functioning of the courts and the adjudication of claims, but it places jurists unnecessarily in the position of having to order enforcement remedies to responding to the delinquent conduct of members of the bar, often to the detriment of the litigants they represent. Chronic noncompliance with deadlines breeds disrespect for the dictates of the Civil 4 of 7 FILED: QUEENS COUNTY CLERK 01/14/2020 01:32 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/14/2020 Practice Law and Rules and a culture in which cases can linger for years without resolution. Furthermore, those lawyers who engage their best efforts to comply with practice rules are also effectively penalized because they must somehow explain to their clients why they cannot secure timely responses from recalcitrant adversaries, which leads to the erosion of their attorney-client relationships as well. For these reason, it is important to adhere to the position we declared a decade ago that “[i]f the credibility of court orders and the integrity of our judicial system are to be maintained, a litigant cannot ignore court orders with impunity.” 16 N.Y.3d 74, 81 (2010) (emphasis added). 9. Here, attorneys for defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER continue to refuse to provide proper responses to Plaintiffs’ discovery demands six months after they were served. Additionally, I left a voice message for Yanique L. Burke, Esq. on January 8, 2020 to discuss the remaining issues here. However, Ms. Burke could not be bothered to return my call. I sent her an email on January 10, 2010 and she did not reply until January 13, 2020, claiming that she “just returned from vacation recently.” In the email, she refused to discuss the issues here by phone. 10. The conduct of attorneys for defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER is a textbook example of willful, contumacious, and prejudicial. As such, anything less than striking the answers served on behalf defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER would be insufficient to deter this conduct from occurring again. Therefore, this court should grant Plaintiffs’ motion for an order for such other and further relief, striking the pleadings of these defendants for their willful contumacious – and continued -- disobedience of this Court’s preliminary conference order. 11. In the alternative, this Court should preclude defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER from offering any testimony to rebut Plaintiffs’ claims or to support their defense. 5 of 7 FILED: QUEENS COUNTY CLERK 01/14/2020 01:32 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/14/2020 12. In the alternative, Plaintiffs respectfully request that the Court compel these defendants to adequately respond to outstanding discovery within seven days of the order or be precluded from offering, at the time of trial, any and all evidence related to the issues of liability and damages. WHEREFORE, this Court should grant Plaintiffs’ Motion in its entirety, granting such other and further relief as this Court may deem just and proper. Dated: January 14, 2020 Forest Hills, New York THE PAGLINAWAN FIRM, P.C. Attorney for plaintiffs THERESA ROBINSON and DEREK ROBINSON 118-21 Queens Blvd., Suite 501 Forest Hills, NY 11375 (718) 576-2544 BY: _____________________________ JAMES S. PAGLINAWAN TO (VIA ECF): BROWN, GAUJEAN, KRAUS & SASTOW, PLLC Attorneys for defendants DEEPAK NANDA, M.D., P.C. and DEEPAK NANDA, M.D. One North Broadway, Suite 1010 White Plains, NY 10601 (914) 949-5300 GALVANO & XANTHAKIS, P.C. Attorneys for defendant EMMANUEL M. PAFOS, M.D. 358 St. Marks Place, Suite 202 Staten Island, NY 10301 (212) 349-5150 GORDON & SILBER, P.C. Attorneys for defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER 355 Lexington Avenue, 7th Floor New York, NY 10017 (212) 834-0600 6 of 7 FILED: QUEENS COUNTY CLERK 01/14/2020 01:32 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/14/2020 Index No.: 717964/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS THERESA ROBINSON and DEREK ROBINSON, Plaintiffs, - against - NORTHWELL HEALTH, INC., LONG ISLAND JEWISH MEDICAL CENTER, DEEPAK NANDA, M.D., P.C., DEEPAK NANDA, M.D., and EMMANUEL M. PAFOS, M.D., Defendants REPLY AFFIRMATION THE PAGLINAWAN FIRM, P.C. Attorneys for Plaintiff(s) 118-21 Queens Blvd., Suite 501 Forest Hills, NY 11375 (718) 576-2544 ===================================================================== The undersigned attorney hereby certifies, pursuant to Fed. R. Civ. P. 11 and 22 NYCRR §130-1.1-a, that I have read the within papers and that to the best of my knowledge and belief they are not frivolous as that term is defined in 22 NYCRR § 130-1.1(c) and Fed. R. Civ. P. 11. __________________________________ Attorney name: James Paglinawan ===================================================================== ===================================================================== PLEASE TAKE NOTICE: NOTICE OF ENTRY that the within is a (certified) true copy of an duly entered in the office of the clerk of the within named court on __________________200__. NOTICE OF SETTLEMENT that an order of which the within is a true copy, will be presented for settlement to the HON. one of the judges of the within named Court, at on 200___ at________ O’clock ___.M. Dated: January 14, 2020 Yours, etc. THE PAGLINAWAN FIRM, P.C. 7 of 7