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FILED: NASSAU COUNTY CLERK 05/02/2019 11:24 AM INDEX NO. 611506/2018
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/02/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------------------------------------------------------X
DINO BONAVITA
'
ORDER WITH
-against-
NOTICE OF ENTRY
Index No.: 611506/2018
SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF
NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL,
and NORTHWELL HEALTH.
Defendants.
--------------- ------------ -------- X
C O U N S E L O R S:
PLEASE TAKE NOTICE, that annexed hereto is a true copy of an Order April 23, 2019
and duly enteredinthe office of the Clerk of the within named Court on May 1, 2019.
Dated: New York, New York
May 1, 2019
Yours, Etc.
CAITLIN ROBIN, ESQ
CAITLIN ROBIN & ASSOCIATES PLLC
Attorneys for Plaintiff
30 Broad Street, Suite 702
New York, NY 10004
Phone: (646) 524-6026
TO:
LAW OFFICE OF BENVENUTO & SLATTERY
Attorneys for Defendants
SYED MUJAHID SAYEED, M.D., and
PRECISION SURGERY OF NEW YORK, P.C.
1800 Northern Boulevard
Roslyn, New York, 11576
(516) 775-2236
RUBIN PATERNITI GONZALEZ KAUFMAN, LLP
Attorneys for Defendant
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NORTH SHORE UNIVERSITY HOSPITAL,
and NORTHWELL HEALTH
1225 Fran1din Avenue, Suite 200
Garden City, New York 11530
(516) 344-6376
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK, COUNTY OF NEW YORK ss.:
Sandy Sun being duly sworn, deposes and says:
I am over 18 years of age, I am not a party to the action, and I reside in Essex County in the State
of New Jersey.
I served a true copy of the annexed
ORDER WITH NOTICE OF ENTRY
on May 2 , 2019
by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official
depository of the U.S. Postal Service within the State of New York, addressed to the last known
address of the addressee as indicated below:
LAW OFFICE OF BENVENUTO & SLATTERY
1800 Northern Boulevard
Roslyn, New York, 11576
RUBIN PATERNITI GONZALEZ KAUFMAN, LLP
1225 Franklin Avenue, Suite 200
Garden City, New York 1153
San uC
Sworn to before me May 1 , 2019
Notary Public
ARJETAALBANI
NOTARY PUBLIC, STATE OF NEW YORK
RegistrationNo. 02AL6387593
Qualified
In KingsCounty
Commission Expires February 19, 2023
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Index No. 611506/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
DINO BONAVITA,
Plaintiff,
-against-
SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH
SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH,
Defendants.
N ORDER WITH NOTICE OF ENTRY
CAITLIN ROBIN & ASSOCIATES PLLC
Attorneys for Plaintiff
DINO BONAVITA
30 Broad Street, Suite 702
New York, NY 10004
(646) 524-6026
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. .
ORIGINAL'
SHORT FORM ORDER
SUPREME COURT - STATE OF NEW YORK
Present: ANTONIO_1. BRANDVEEN
J. S. C.
DINO BONAVITA, TRIAL / IAS PART 25
NASSAU COUNTY
Plaintiff,
- against -
Index No. 611506/18
SYED MUJAHID SAYEED, M.D., PRECISION
SURGERY OF NEW YORK, P.C., NORTH Motion Sequence No. 001
SHORE UNIVERSITY HOSPITAL and
NORTHWELL HEALTH,
Defendants.
The following papers having been read on this motion:
Notice of Motion, Affidavits, & Exhibits . .. .. . .. . .. . .. . 1
Answering Affidavits . .. .. . .. . .. ........ . .. . .. . .. .. .
Replying Affidavits . .. .. . .. . .. . .. ,. . .. ...... . .. . ... . ..
Briefs: Plaintiff's / Petitioner's . .... . .. ... . .. . .. . .. . .
Defendant's / Respondent's . .. .. . .. . .. . .. .... .
UPON DUE DELIBERATION AND CONSIDERATION BY THE COURT of
the foregoing papers, including a sworn supporting statement, supporting documents
(Exhibit A-D), including but not limited to the pleadings and a verified bill of particulars,
photos, authorizations, and a notice of medical malpractice, this motion is decided as
follows:
The plaintiff moves, without opposition, for an order pursuant to CPLR §§ 2004
and 3406(a) granting the plaintiff an extension of time to file a notice of medical
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malpractice nunc pro tune, and deeming the notice of medical malpractice, as attached to
the moving papers, as timely filed and timely served upon defendants, with the electronic
filing service of this motion. There is no opposition to this motion.
The plaintiff commenced this action to recover damages for the pain and
suffering due to the medical malpractice and negligence by the defendants on or about
July 21, 2017, through October 31, 2017. In support of this motion, the plaintiff's
attorney states, in an affirmation, that due to clerical oversight, the notice of medical
malpractice was not timely filed, and attaches the notice of medical malpractice along
with copies of the pleadings, a verified bill of particulars and proof of service of the
response to the defendant's discovery demands with the necessary medical authorizations
to the moving papers.
CPLR 3406(a) provides that the plaintiff must file with the court a notice of
medical malpractice action not more than 60 days after issue is joined. The
notice should therefore have been filed in the instant case no later than
January 21, 1989. Pursuant to a motion under CPLR 2004, however, the
court may, in its discretion, extend a plaintiff's time to file such a notice,
and the plaintiff need not demonstrate a meritorious claim or a reasonable-.
excuse for the delay in order for the motion to be granted (see, Tewari v.
Tsoutsouras, 75 N.Y.2d 1, 550 N.Y.S.2d 572, 549 N.E.2d 1143)
Casiano v New York Hosp.-Cornell Med. Ctr., 169 AD2d 806, 807 [2d Dept 1991].
The Court finds that the defendants have not shown substantial prejudice to them
in granting the plaintiff the relief sought (Mullen v Flushing Hosp., 161 AD2d 748, 749
[2d Dept 1990]). Here, the delay was short, and the defendants do not indicate any
hindrance in preparation of the matter or anything prevented them from taking some
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measure in support of their positions regarding this litigation (see Cherebin v Empress
Ambulance Serv., Inc., 43 AD3d 364 [1st Dept 2007] ; see also Nardi v County of
Nassau, 18 AD3d 520 [2d Dept 2005]). Accordingly, itis
ORDERED that the plaintiff's motion for an order giving the plaintiff an extension
of time to file a notice of medical malpractice nunc pro tune, and deeming the notice of
medical malpractice, as attached to the moving papers, as timely filed and timely served
upon defendants with the electronic filing of this order, is GRANTED. The plaintiff
shall serve a copy of this order with notice of entry upon the defendants within 30 days
of the date of this order
The foregoing constitutes the decision and order of the Court.
Dated: April 23, 2019 E N T E R:
J. S. C.
HON. ANTONIO I.BRANDVEEN
NON FINAL DISPOSITION J.S.C.
o ENTERED
'
ORIGINAL
MAY 0 1 2019
NASSAUCOUNTY
CLERK'S OFFICE
COUNTY
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FILED: NASSAU COUNTY CLERK 05/02/2019 11:24 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------------------------------------------------------------X DINO BONAVITA ' ORDER WITH -against- NOTICE OF ENTRY Index No.: 611506/2018 SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH. Defendants. --------------- ------------ -------- X C O U N S E L O R S: PLEASE TAKE NOTICE, that annexed hereto is a true copy of an Order April 23, 2019 and duly enteredinthe office of the Clerk of the within named Court on May 1, 2019. Dated: New York, New York May 1, 2019 Yours, Etc. CAITLIN ROBIN, ESQ CAITLIN ROBIN & ASSOCIATES PLLC Attorneys for Plaintiff 30 Broad Street, Suite 702 New York, NY 10004 Phone: (646) 524-6026 TO: LAW OFFICE OF BENVENUTO & SLATTERY Attorneys for Defendants SYED MUJAHID SAYEED, M.D., and PRECISION SURGERY OF NEW YORK, P.C. 1800 Northern Boulevard Roslyn, New York, 11576 (516) 775-2236 RUBIN PATERNITI GONZALEZ KAUFMAN, LLP Attorneys for Defendant 1 of 7 FILED: NASSAU COUNTY CLERK 05/02/2019 11:24 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/02/2019 NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH 1225 Fran1din Avenue, Suite 200 Garden City, New York 11530 (516) 344-6376 2 of 7 FILED: NASSAU COUNTY CLERK 05/02/2019 11:24 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/02/2019 AFFIDAVIT OF SERVICE STATE OF NEW YORK, COUNTY OF NEW YORK ss.: Sandy Sun being duly sworn, deposes and says: I am over 18 years of age, I am not a party to the action, and I reside in Essex County in the State of New Jersey. I served a true copy of the annexed ORDER WITH NOTICE OF ENTRY on May 2 , 2019 by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee as indicated below: LAW OFFICE OF BENVENUTO & SLATTERY 1800 Northern Boulevard Roslyn, New York, 11576 RUBIN PATERNITI GONZALEZ KAUFMAN, LLP 1225 Franklin Avenue, Suite 200 Garden City, New York 1153 San uC Sworn to before me May 1 , 2019 Notary Public ARJETAALBANI NOTARY PUBLIC, STATE OF NEW YORK RegistrationNo. 02AL6387593 Qualified In KingsCounty Commission Expires February 19, 2023 3 of 7 FILED: NASSAU COUNTY CLERK 05/02/2019 11:24 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/02/2019 Index No. 611506/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU DINO BONAVITA, Plaintiff, -against- SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, Defendants. N ORDER WITH NOTICE OF ENTRY CAITLIN ROBIN & ASSOCIATES PLLC Attorneys for Plaintiff DINO BONAVITA 30 Broad Street, Suite 702 New York, NY 10004 (646) 524-6026 4 of 7 FILED: NASSAU COUNTY CLERK 05/02/2019 11:24 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/02/2019 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/01/2015 . . ORIGINAL' SHORT FORM ORDER SUPREME COURT - STATE OF NEW YORK Present: ANTONIO_1. BRANDVEEN J. S. C. DINO BONAVITA, TRIAL / IAS PART 25 NASSAU COUNTY Plaintiff, - against - Index No. 611506/18 SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH Motion Sequence No. 001 SHORE UNIVERSITY HOSPITAL and NORTHWELL HEALTH, Defendants. The following papers having been read on this motion: Notice of Motion, Affidavits, & Exhibits . .. .. . .. . .. . .. . 1 Answering Affidavits . .. .. . .. . .. ........ . .. . .. . .. .. . Replying Affidavits . .. .. . .. . .. . .. ,. . .. ...... . .. . ... . .. Briefs: Plaintiff's / Petitioner's . .... . .. ... . .. . .. . .. . . Defendant's / Respondent's . .. .. . .. . .. . .. .... . UPON DUE DELIBERATION AND CONSIDERATION BY THE COURT of the foregoing papers, including a sworn supporting statement, supporting documents (Exhibit A-D), including but not limited to the pleadings and a verified bill of particulars, photos, authorizations, and a notice of medical malpractice, this motion is decided as follows: The plaintiff moves, without opposition, for an order pursuant to CPLR §§ 2004 and 3406(a) granting the plaintiff an extension of time to file a notice of medical 5 of 7 1 of '4 FILED: NASSAU COUNTY CLERK 05/02/2019 11:24 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/02/2019 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/01/2015 malpractice nunc pro tune, and deeming the notice of medical malpractice, as attached to the moving papers, as timely filed and timely served upon defendants, with the electronic filing service of this motion. There is no opposition to this motion. The plaintiff commenced this action to recover damages for the pain and suffering due to the medical malpractice and negligence by the defendants on or about July 21, 2017, through October 31, 2017. In support of this motion, the plaintiff's attorney states, in an affirmation, that due to clerical oversight, the notice of medical malpractice was not timely filed, and attaches the notice of medical malpractice along with copies of the pleadings, a verified bill of particulars and proof of service of the response to the defendant's discovery demands with the necessary medical authorizations to the moving papers. CPLR 3406(a) provides that the plaintiff must file with the court a notice of medical malpractice action not more than 60 days after issue is joined. The notice should therefore have been filed in the instant case no later than January 21, 1989. Pursuant to a motion under CPLR 2004, however, the court may, in its discretion, extend a plaintiff's time to file such a notice, and the plaintiff need not demonstrate a meritorious claim or a reasonable-. excuse for the delay in order for the motion to be granted (see, Tewari v. Tsoutsouras, 75 N.Y.2d 1, 550 N.Y.S.2d 572, 549 N.E.2d 1143) Casiano v New York Hosp.-Cornell Med. Ctr., 169 AD2d 806, 807 [2d Dept 1991]. The Court finds that the defendants have not shown substantial prejudice to them in granting the plaintiff the relief sought (Mullen v Flushing Hosp., 161 AD2d 748, 749 [2d Dept 1990]). Here, the delay was short, and the defendants do not indicate any hindrance in preparation of the matter or anything prevented them from taking some Page 2 of 3 6 of 7 FILED: NASSAU COUNTY CLERK 05/02/2019 11:24 AM INDEX NO. 611506/2018 ......... NYSCEF . DOC.....--.. NO. 25 ........ -...- -- , ... , ... - - ....... . --- RECEIVED NYSCEF: 05/02/2019 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 05/01/2019 measure in support of their positions regarding this litigation (see Cherebin v Empress Ambulance Serv., Inc., 43 AD3d 364 [1st Dept 2007] ; see also Nardi v County of Nassau, 18 AD3d 520 [2d Dept 2005]). Accordingly, itis ORDERED that the plaintiff's motion for an order giving the plaintiff an extension of time to file a notice of medical malpractice nunc pro tune, and deeming the notice of medical malpractice, as attached to the moving papers, as timely filed and timely served upon defendants with the electronic filing of this order, is GRANTED. The plaintiff shall serve a copy of this order with notice of entry upon the defendants within 30 days of the date of this order The foregoing constitutes the decision and order of the Court. Dated: April 23, 2019 E N T E R: J. S. C. HON. ANTONIO I.BRANDVEEN NON FINAL DISPOSITION J.S.C. o ENTERED ' ORIGINAL MAY 0 1 2019 NASSAUCOUNTY CLERK'S OFFICE COUNTY Page 3 of 3 7 of 7