Preview
FILED: NASSAU COUNTY CLERK 11/05/2021 01:12 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 11/05/2021
r 1I9IHX3
FILED: NASSAU COUNTY CLERK 11/05/2021 01:12 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 11/05/2021
017-2118/19
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
X
DINO BONAVITA,
Plaintiff, DEMAND FOR PHYSICAL
EXAMINATION REPORTS
-against-
IndexNo.: 0611506/2018
SYED MUJAHID SAYEED, M.D., PRECISION
SURGERY OF NEW YORK P.C., NORTH
SHORE UNIVERSITY HOSPITAL, and
NORTHWELL HEALTH,
Defendants.
X
COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to 22 NYCRR §§ 202.17 and 208.13, CPLR
§3 12 1(b), and Hamilton v. Miller, 23 N.Y. 3d 592, you are hereby required to forward to DORF
& NELSON LLP, 555 Theodore Fremd Avenue, Rye, New York 10580, attorneys for
Defendants SYED MUJAHID SAYEED, M.D. and PRECISION SURGERY OF NEW YORK
P.C., within twenty (20) days, copies of all medical reports of those physicians who have
previously treated or examined DINO BONAVITA, that plaintiff intends to rely upon at the
time of trial and duly executed and acknowledged written authorizations permitting Defendants
to obtain and make copies of said medical record or reports. Such reports shall include a
detailed recital of what trial testimony the plaintiffs will offer as to the injuries and conditions
of the plaintiff, including diagnosis and prognosis, referring to and identifying all films, x-rays,
CT scans, technician reports, etc., which will be relied upon at trial. In the alternative, plaintiffs
must certify, pursuant to 22 NYCRR §208. 13(e), that plaintiffs will rely solely on the
hospital/medical records or have complied with 22 NYCRR §202. 17(a) - (c).
{DN 00074998, DOCX; I ]
FILED: NASSAU COUNTY CLERK 11/05/2021 01:12 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 11/05/2021
PLEASE TAKE FURTHER NOTICE, that pursuant to §202.17 (f), Defendants will
object to proceeding to trial unless there has been compliance with this rule’s requirements.
PLEASE TAKE FURTHER NOTICE, that your failure to comply with this Demand
will result, inter alia, in a motion to preclude any evidence or testimony at the trial of this action
regarding the infant-plaintiffs physical condition.
Dated: Rye, New York
June 24, 2019 Yours, etc.
DORF& NELSON LLP
X
By:
Travis S. Roher
Attorneys for Defendants
SYED MUJAHID SAYEED, M.D.
and PRECISION SURGERY OF
NEW YORK P.C.
The International Corporate Center
555 Theodore Fremd Avenue
Rye, New York 10580
(914) 381-7600
TO:
CAITLIN ROBIN & ASSOCIATES, PLLC
Attorneys for Plaintiff
DINO BONAVITA
30 Broad Street, Suite 702
New York, New York 10004
(646) 524-6026
RUBIN PATERNITI GONZALEZ KAUFMAN
1225 Franklin Avenue, Suite 200
Garden City, New York 11530
(516) 344-6376
SANTANGELO BENVENUTO SLATTERY
1800 Northern Boulevard
Roslyn, New York 11576-1 140
(516) 775-2236
[DN 00074998. DOCX; I )
FILED: NASSAU COUNTY CLERK 11/05/2021 01:12 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 11/05/2021
AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER )
DENISE GOGLIA, being duly sworn, deposes and says that she is not a party to this action, is over 18
years of age and is an employee in the office of DORF & NELSON LLP, attorneys for the defendants
SYED MUJAHID SAYEED, M.D. and PRECISION SURGERY OF NEW YORK P.C.
That on the 24th day of June, 2019, she served the within DEMAND FOR PHYSICAL
EXAMINATION REPORTS upon the following attorneys by depositing a true copy of the same
securely enclosed in a post-paid wrapper in the Official Depository maintained and exclusively
controlled by the United States at The International Corporate Center, 555 Theodore Fremd Avenue,
Rye, New York 10580 directed to said attorneys at:
CAITLIN ROBIN & ASSOCIATES, PLLC
Attorneys for Plaintiff
DINO BONAVITA
30 Broad Street, Suite 702
New York, New York 10004
(646) 524-6026
RUBIN PATERNITI GONZALEZ KAUFMAN
1225 Franklin Avenue, Suite 200
Garden City, New York 11530
(516) 344-6376
I
SANTANGELO BENVENUTO SLATTERY
1800 Northern Boulevard
Roslyn, New York 11576-1 140
(516)775-2236
these being the addresses within the State designated by them for the purpose of service upon them of
the preceding papers in this action, or the places where they then kept an office for regular
communication by mail.
Sworn to before me, this
24th day of June, 20 1 9
TRAVIS S ROHER
NOTARY PUBLIC, STATE OF NEW YORK
Notary Public Registration No. 02RO837 1401
Qualified In Nassau County
Commission Expiree Feb 26t 2022
- H.ini IUiiil_!ilHMHB8S
(DN 00075140. D0CX11 }
Preview
FILED: NASSAU COUNTY CLERK 11/05/2021 01:12 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 11/05/2021 r 1I9IHX3 FILED: NASSAU COUNTY CLERK 11/05/2021 01:12 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 11/05/2021 017-2118/19 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X DINO BONAVITA, Plaintiff, DEMAND FOR PHYSICAL EXAMINATION REPORTS -against- IndexNo.: 0611506/2018 SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, Defendants. X COUNSELORS: PLEASE TAKE NOTICE, that pursuant to 22 NYCRR §§ 202.17 and 208.13, CPLR §3 12 1(b), and Hamilton v. Miller, 23 N.Y. 3d 592, you are hereby required to forward to DORF & NELSON LLP, 555 Theodore Fremd Avenue, Rye, New York 10580, attorneys for Defendants SYED MUJAHID SAYEED, M.D. and PRECISION SURGERY OF NEW YORK P.C., within twenty (20) days, copies of all medical reports of those physicians who have previously treated or examined DINO BONAVITA, that plaintiff intends to rely upon at the time of trial and duly executed and acknowledged written authorizations permitting Defendants to obtain and make copies of said medical record or reports. Such reports shall include a detailed recital of what trial testimony the plaintiffs will offer as to the injuries and conditions of the plaintiff, including diagnosis and prognosis, referring to and identifying all films, x-rays, CT scans, technician reports, etc., which will be relied upon at trial. In the alternative, plaintiffs must certify, pursuant to 22 NYCRR §208. 13(e), that plaintiffs will rely solely on the hospital/medical records or have complied with 22 NYCRR §202. 17(a) - (c). {DN 00074998, DOCX; I ] FILED: NASSAU COUNTY CLERK 11/05/2021 01:12 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 11/05/2021 PLEASE TAKE FURTHER NOTICE, that pursuant to §202.17 (f), Defendants will object to proceeding to trial unless there has been compliance with this rule’s requirements. PLEASE TAKE FURTHER NOTICE, that your failure to comply with this Demand will result, inter alia, in a motion to preclude any evidence or testimony at the trial of this action regarding the infant-plaintiffs physical condition. Dated: Rye, New York June 24, 2019 Yours, etc. DORF& NELSON LLP X By: Travis S. Roher Attorneys for Defendants SYED MUJAHID SAYEED, M.D. and PRECISION SURGERY OF NEW YORK P.C. The International Corporate Center 555 Theodore Fremd Avenue Rye, New York 10580 (914) 381-7600 TO: CAITLIN ROBIN & ASSOCIATES, PLLC Attorneys for Plaintiff DINO BONAVITA 30 Broad Street, Suite 702 New York, New York 10004 (646) 524-6026 RUBIN PATERNITI GONZALEZ KAUFMAN 1225 Franklin Avenue, Suite 200 Garden City, New York 11530 (516) 344-6376 SANTANGELO BENVENUTO SLATTERY 1800 Northern Boulevard Roslyn, New York 11576-1 140 (516) 775-2236 [DN 00074998. DOCX; I ) FILED: NASSAU COUNTY CLERK 11/05/2021 01:12 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 11/05/2021 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER ) DENISE GOGLIA, being duly sworn, deposes and says that she is not a party to this action, is over 18 years of age and is an employee in the office of DORF & NELSON LLP, attorneys for the defendants SYED MUJAHID SAYEED, M.D. and PRECISION SURGERY OF NEW YORK P.C. That on the 24th day of June, 2019, she served the within DEMAND FOR PHYSICAL EXAMINATION REPORTS upon the following attorneys by depositing a true copy of the same securely enclosed in a post-paid wrapper in the Official Depository maintained and exclusively controlled by the United States at The International Corporate Center, 555 Theodore Fremd Avenue, Rye, New York 10580 directed to said attorneys at: CAITLIN ROBIN & ASSOCIATES, PLLC Attorneys for Plaintiff DINO BONAVITA 30 Broad Street, Suite 702 New York, New York 10004 (646) 524-6026 RUBIN PATERNITI GONZALEZ KAUFMAN 1225 Franklin Avenue, Suite 200 Garden City, New York 11530 (516) 344-6376 I SANTANGELO BENVENUTO SLATTERY 1800 Northern Boulevard Roslyn, New York 11576-1 140 (516)775-2236 these being the addresses within the State designated by them for the purpose of service upon them of the preceding papers in this action, or the places where they then kept an office for regular communication by mail. Sworn to before me, this 24th day of June, 20 1 9 TRAVIS S ROHER NOTARY PUBLIC, STATE OF NEW YORK Notary Public Registration No. 02RO837 1401 Qualified In Nassau County Commission Expiree Feb 26t 2022 - H.ini IUiiil_!ilHMHB8S (DN 00075140. D0CX11 }