Motion,Ex Parte: Dino Bonavita v. Syed Mujahid Sayeed Md, Precision Surgery Of New York, Pc, North Shore University Hospital, Northwell Health

• 
• 
• 
• 

						
                                
Preview
                                FILED:         NASSAU        COUNTY         CLERK        11/05/2021             01:12       PM                      INDEX    NO.   611506/2018
   NYSCEF     DOC.   NO.   66                                                                                 RECEIVED      NYSCEF:     11/05/2021




                             SUPREME COURT OF THE STATE OF NEW YORK
                             COUNTY OF NASSAU
                             ------------------------------------------------------------------------X
                             DINO BONAVITA,

                                                                          Plaintiff,
                                                                                                             AFFIRMATION
                                                                                                             OF GOOD FAITH
                                               -against-

                                                                                                             Index No.: 0611506/2018
                             SYED MUJAHID SAYEED, M.D., PRECISION
                             SURGERY OF NEW YORK, P.C., NORTH SHORE
                             UNIVERSITY HOSPITAL, and NORTHWELL HEALTH,

                                                                          Defendants.
                             -------------------------------------------------------------------------X

                                      LINDA M. LIN, an attorney duly admitted to practice law before the Courts of the

                             State   of  New    York,   hereby    affirms   the  following     under   the  penalties   of  perjury    upon

                             information and belief:

                                      1.       I am associated with the firm of DORF & NELSON LLP, attorneys of record

                             for  defendants,   SYED     MUJAHID        SAYEED,       M.D.   and  PRECISION        SURGERY        of  NEW

                             YORK, P.C.,      (hereinafter “defendant”).       I am fully familiar with the facts and circumstances

                             of this action, the information having been gathered from files maintained by my office in this

                             matter.

                                      2.        Pursuant    to 22   NYCRR      §202.17    and   §208.13,    CPLR    3121(b),    defendants

                             served plaintiff with a Demand for Physical Examination Reports on June 24, 2019.

                                      3.       Defendants sent correspondence to plaintiff’s counsel dated January 29, 2020

                             requesting a response to our Demand for Physical Examination Reports.

                                      4.       Defendants sent subsequent correspondence dated October 6, 2020, and June

                             14, 2021, following up on our Demand for Physical Examination Reports.


                                                                                   18
                             {DN/00219848;1     }



                                                                        1  of   2
   FILED:         NASSAU        COUNTY         CLERK        11/05/2021             01:12       PM                      INDEX    NO.   611506/2018
   NYSCEF     DOC.   NO.   66                                                                                 RECEIVED      NYSCEF:     11/05/2021




                                      5.       Despite   our   good   faith  communications       to  resolve  the  issues   raised  in  the

                             annexed    cross  motion,    plaintiff’s  counsel   has  not  provided    a  response   to  our  Demand     for

                             Physical Examination Reports.

                                      6.       There has been no previous application for the relief requested herein.

                             Dated:   Rye, New York
                                      November 4, 2021


                                                                                   _______________________________
                                                                                          LINDA M. LIN




                                                                                   19
                             {DN/00219848;1     }



                                                                        2  of   2