Preview
FILED: NASSAU COUNTY CLERK 07/09/2020 03:15 PM INDEX NO. 605409/2020
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 07/09/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
TALIS HEALTHCARE, LLC, ! Index No. 605409/2020
Plaintiff, PROOF OF SERVICE
-against-
TEXIENNE PHYSICIANS MEDICAL
ASSOCIATION, PLLC, ASIT CHOKSI,
M.D.,
Defendant.
Please take notice that the Summons and Verified Complaint, Order to Show Cause,
Memorandum of Law, Request for Judicial Intervention, Commercial Addendum, Verification,
Exhibits, Affidavit, Affirmation in Support of Expedited Review, Affirmation of Significant
Prejudice, and Notice of Electronic Filing was served upon Defendant Asit Choksi, M.D., at 46
South Windsail Place, The Woodlands, TX 77380 by affixing a true copy of each to the door of
said premises on June 23, 2020 after numerous attempts on 6/12/20, 6/13/20, 6/16/20, 6/18/20
and 6/23/20. Defendant was also served by delivering a true copy of each aforementioned
document c/o The Seiler Law Firm, PLLC, at 2700 Research Forest Drive, Suite 100, The
Woodlands, TX 77381 on July 2, 2020 and by U.S. Postal Service on July 9, 2020 at 46 S,
Windsail Place, The Woodlands, TX 77380 as indicated in the attached Affidavits of Service.
Dated: July 9, 2020
New York, New York
74095487.1
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FILED: NASSAU COUNTY CLERK 07/09/2020 03:15 PM INDEX NO. 605409/2020
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 07/09/2020
Respectfully submitted,
POLSINELLI PC
By: /s/ Fra& T. S pace
Frank Spano
42nd
600 Third Avenue, Floor
New York, NY 10016
T: 212-413-2848
F: 212-684-0199
fspano@polsinelli.com
Attorneys for Plaintiff Talis Healthcare, LLC
2
74095487.1
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FILED: NASSAU COUNTY CLERK 07/09/2020 03:15 PM INDEX NO. 605409/2020
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 07/09/2020
AFFIDAVIT OF SERVICE
P3336294
POLSINELLI, LLP NIAJA MOWATT
SUPREME COURT NASSAU COUNTY STATE OF NEW YORK
TALIS HEALTHCARE, LLC index No. 605409/202O
PLAINTIFF Date Filed
- vs - File No.
TEXIENNE PHYSICIANS MEDICAL ASSOCIATION, PLLC, ASIT CHOKSI, M.D. Court Date:
DEFENDANT AFFIDAVIT OF SERVICE
STATE OF _______ , COUNTY OF D7) dh :SS:
...... , being duly sworn deposes and says:
Depone is not a party herein, is over 18 years of age and resides in the State of ____
On at
at 46 SOUTH WINDSAIL PLACE THE WOODLANDS, TX 77380
deponent served the within SUMMONSAND VERIFIED COMPLAINT, ORDER TO SHOW CAUSE, MEMORANDUMOF LAW, REQUEST FOR JUDICIAL
INTERVENTION, WITH TEMPORARYRESTRAINING ORDER, EXHIBITS, AFFIDAVIT, AFFIRMATION IN SUPPORT OF EXPEDITED REVIEW,
AFFIRMATION OF SIGNIFICANT PREJUDICE, COMMERCIAL ADDENDUMAND NOTICE OF ELECTRONIC FILING on: ASIT CHOKSI, the
DEFENDANT therein named.
___#1 INDIVIDUAL By delivering a true copy of each to said recipient personally; deponent knew the person served to be
the person described as said person therein.
___ #2 CORPORATION By delivering a true copy of each to personally,
deponent knew the person so served to be the
of the corporation, and authorized to accept service on behalf of the corporation.
___#3 SUITABLE By delivering a true copy of each to ____ a person
AGE PERSON of suitable age and discretion.
Said premises is DEFENDANT's: [ ] actual place of business [ ] dwelling house (usual place of abode)
within the state.
/
___#4 AFFIXING By affixing a t e copy of each to the door of said premises, which is DEFENDANT's: [Ó actual place
TO DOOR of business [ dwelling house (usual place of abode) within the state.
Deponent was unable, with. due diligence to find DEFENDANT or a person of suitable age and discretion,
having called thereat
on the ___ day of ______________ at
on the day of at
on the day of __ ___ _____ _ at ___________________
on the day of at ___________
Address confirmed by
_#5 MAIL COPY On _____ I deposited in the United States mail a true copy of the aforementioned
documents properly enclosed and sealed in a post-paid wrapper addressed to the above address. Copy
mailed 1 class mail marked personal and confidential not indicating on the outside thereof by return
address or otherwise that said notice is from an attorney or concerns an action against the person to
be served.
__#6 DESCRIPTION Deponent describes the person served as aforesaid to the best of deponent's ability at the
(USE WITH #1, 2 OR time and circumstances of the service as follows.
3) Sex: Color: Hair:
Age: Height: Weight:
OTHER IDENTIFYING FEATURES: ___ ____
___#7 WITNESS FEES The authorized witness fee and / or traveling expenses were paid (tendered) to the DEFENDANT in the
amount of $
_#8 MILITARY SRVC Deponent asked person spoken to whether the DEFENDANT was presently in military service of the United
States Government or of the State of and was informed that DEFENDANT was not.
__#9 R
N I'AR NAME & DATE 77
egal, LLC
LEEANN MAlER
75 MAIDEN LANE 11TH FLOOR
NotaryPublic,StateofTexa
NEW YORK, NY 10038
Comm. EMpires 10-11-2023 Reference No: 7-PLLP-3336294
Noter ID 130276789
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FILED: NASSAU COUNTY CLERK 07/09/2020 03:15 PM INDEX NO. 605409/2020
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 07/09/2020
AFFIDAVIT OF SERVICE
State of New York County of Nassau Supreme Court
Index Number: 605409/2020 Court Date: 6/15/2020
Date Filed:
Plaintiff: BBW2020004831
TALIS HEALTHCARE, LLC
vs.
Defendant:
TEXIENNE PHYSICIANS MEDICAL ASSOCIATION, PLLC, ASIT CHOKSI,
M.D.
Received by Marc Maier on the 12th day of June, 2020 at 9:51 am to be served on ASIT CHOKSI M.D, 46
SOUTH WINDSAIL PLACE, THE WOODLANDS, TX 73380.
I, Marc Maier, being duly sworn, depose and say that on the 23rd day of June, 2020 at 6:49 pm, 1:
POSTED by attaching a true copy of the SUMMONS AND VERIFIED COMPLAINT REQUEST FOR
JUDICIAL INTERVENTION ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINING
ORDERMEMORANDUM OF LAW VERIFICATION, EXHIBITS, AFFIDAVIT, AFFIRMATION IN
SUPPORT OF EXPEDITED REVIEW, AFFIRMATION OFSIGNIFICANT PREJUDICE, COMMERCIAL
ADDENDUM AND NOTICE OF ELECTRONIC FILING with the date and hour of service endorsed
thereon by me, to a conspicuous place on the property of the within named person's RESIDENCE at the
address of: 46 SOUTH WINDSAIL PLACE, THE WOODLANDS, TX 73380 that are directed to ASIT
CHOKSI M.D.
Said documents were conformed with index number and date of filing endorsed thereon.
Additional Information pertaining to this Service:
Jun 12, 2020, 6:14 pm CDT, 46 S WINDSAIL PL, SPRING, TX 77381, MONTGOMERY CO - Home has a
private driveway with gates closed. No call box can't see any vehicle in the driveway.
Jun 13, 2020, 11:52 am CDT, 46 S WINDSAIL PL, SPRING, TX 77381, MONTGOMERY CO - Privacy gate
were closed with no access to the property. For sale sign in the yard. I can see two vehicles in driveway but
unable to see plates.
Jun 16, 2020, 3:16 pm CDT, 46 S WINDSAIL PL, SPRING, TX 77381, MONTGOMERY CO -Door was
answered by a hospice nurse. She was a blonde middle aged. I asked for the recipient she stated just a
minute. She came back to the door and asked who the documents were from. She then said just a minute.
Came back to the door and stated the recipient is unable to come to the door and asked if the documents
can be delivered to recipient attorney. I was given the information as: Seller, Mitby law firm, 2700 Research
Forest Dr, Suite 100 , The Woodlands, TX . 281.419.7770. I was also told the recipient is unable to make it
to the door to accept summons.
Jun 18, 2020, 11:34 am CDT, 46 S WINDSAIL PL, SPRING, TX 77381, MONTGOMERY CO - Door was
answered by the nurse. She refused to take the summons on behalf of the recipient. She stated just take it
to the law firm. I let her know that if she is recipient care I just need her to take it to him. She stated no she
wouldn't and shut the door. White female in her 30's approximate 5'4".
Jun 23, 2020, 6:49 pm CDT, 46 S WINDSAIL PL, SPRING, TX 77381, MONTGOMERY CO - Posted as
instructed on front door.
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FILED: NASSAU COUNTY CLERK 07/09/2020 03:15 PM INDEX NO. 605409/2020
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 07/09/2020
AFFIDAVIT OF SERVICE For 605409/2020
I certify that I am over the age of 18, of sound mind, have no interest in the above action, and am a Certified
Process Server, in good standing, in the jurisdiction in which this service was made.
The facts stated in this affidavit are within my personal knowledge and are true and correct.
Ma Mai r
Subscribe nd Sworn t before me on the A PS 11 9 EX 1 31/2020
day of , by the affiant
who is pp n to me. PM LEGAL
75 MAIDEN LANE
11TH FLOOR
OTARY PU L
NEW YORK, NY 10038
(347) 859-8821
Our Job Serial Number: BBW-2020004831
LEEANN MAlER Ref: 3353539
Notary Public, State of Texas
Comm. Expires 10-11-2023
13Îffygygm2- 2natabase sewices,incmocess sewes Toolbomm
Notar ID
',0,
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FILED: NASSAU COUNTY CLERK 07/09/2020 03:15 PM INDEX NO. 605409/2020
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 07/09/2020
AFFIDAVIT OF SERVICE
P3439056
POLSINELLI, LLP NIAJA MOWATT
SUPREME COURT NASSAU COUNTY STATE OF NEW YORK
TALIS HEALTHCARE, LLC index No. 605409/2020
PLAINTIFF Date Filed
- vs - File No. 093108-658906
TEXIENNE PHYSICIANS MEDICAL ASSOCIATION, PLLC, ASIT CHOKSI, M.D. Court Date:
DEFENDANT AFFIDAVIT OF SERVICE
STATE OF Tz. xv s , cOUNTY OF ¼6<\¾e,ry SS
YC t€f , being duly sworn deposes and says:
Deponent is not a party herein, is over 18 years of age and resides in the State of EXAS .
On f l. at ,
at C/O THE SEILER LAW FIRM, PLLC 2700 RESEARCH FOREST DRIVE SUITE 100 THE WOODLANDS, TX 77381
deponent served the within SUMMONSAND VERIFIED COMPLAINT, ORDER TO SHOWCAUSE, MEMORANDUMOF LAW, REQUEST FOR JUDICIAL
ImamavanTION, WITH TEMPORARYRES'fRAINING ORDER, VERIFICATION, EXHIBITS, AFFIDAVIT, AFFIRMATION IN SUPPORT OF EXPEDITED
REVIEW, AFFIRiüäiION OF SIGNIFICANt PREJUDICE, COMMERCIAL RDDEiiDiTMAND NOTICE OF ELECTRONIC FILING on: ASIT CHOKSI, M.D.,
the DEFENDANT therein named.
#1 INDIVIDUAL By delivering a true copy of each to said recipient personally; deponent knew the person served to be
the person described as said person therein. ..LlS4 M
#2 CORPORATION By delivering a true copy of each to $€ £1 4.) M personally,
deponent knew the person so served to be the
of the corporation, and authorized to accept service on behalf of the corporation.
_#3 SUITABLE By delivering a true copy of each to a person
AGE PERSON of suitable age and discretion.
Said premises is DErr.,nuana-s: [ ] actual place of business I ] dwelling house (usual place of abode)
within the state.
_#4 AFFIXING By affixing a true copy of each to the door of said premises, which is DEranunna's: [ ] actual place
TO DOOR of business [ ] dwelling house (usual place of abode) within the state.
Deponent was unable, with due diligence to find DEFENDANT or a person of suitable age and discretion,
having called thereat
on the day of at
on the
on the
day of
of
at
at
_
day
on the day of _ at
Address confirmed by __
#5 MAIL COPY On I deposited in the United States mail a true copy of the aforementioned
documents properly enclosed and sealed in a post-paid wrapper addressed to the above address. Copy
1"
mailed class mail marked personal and confidential not indicating on the outside thereof by return
address or otherwise that said notice is from an attorney or concerns an action against the person to
be served.
#6 DESCRIPTION Deponent describes the person served as aforesaid to the best of deponent's ability at the
(USE WITH #1, 2 OR time and circumstances of the service as follows.
3) Sex: F Color: LOh h Hair: W on2
Age: #Í() 5 Height: Weight:
OTHER IDENTIFYING FEATURES:
_#7 WITNESS FEES The authorized witness fee and / or traveling expenses were paid (tendered) to the DEFENDANT in the
amount of $
____#8 MILITARY SRVCDeponent asked person spoken to whether the DEFENDANT was presently in military service of the United
States Govern t o of the State of and was informed that DEFENDANT was not.
OTHER
ARY N E DATE
. P egal, L
"y" 75 MAIDEN LANE 11TH FLOOR
DONNA K. GORDON
NEW YORK, NY 10038
4: Notary Public, State of Texas
=•: Reference No: 7-PLLP-3439056
..... re Comm. Expires 03-30-2022
o Notary ID 131512095
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FILED: NASSAU COUNTY CLERK 07/09/2020 03:15 PM INDEX NO. 605409/2020
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 07/09/2020
Form 10 - AFFIDAVIT OF MAILING ONLY
P3353539
POLSINELLI, LLP NIAJA MOWATT
SUPREME COURT NASSAU COUNTY STATE OF NEW YORK
TALIS HEALTHCARE, LLC index No. 605409/2020
PLAINTIFF Date Filed
- vs - Office No. 093108-658906
TEXIENNE PHYSICIANS MEDICAL ASSOCIATION, PLLC, ASIT CHOKSI, M.D. Court Date.
DEFENDANT
STATE OF NEW YORK, COUNTY OF NEW YORK :SS:
RALPH RAYMUNDO being duly sworn, deposes and says; I am over 18 years of age, not a party to
this action, and reside in the State of New York.
That on 09th day of July, 2020 at a regular postal depository maintained by the United States
at Peck Slip Station, New York, New York, Deponent mailed the copy of
SL*2'0NS AND VERIFIED COMPLAINT, ORDER TO SHOW CAUSE , MEMORANDUM OF LAW, REQUEST FOR JUDICIAL
INTERVENTION, WITH TEMPORARY RESTRAINING ORDER, VERIFICATION, EXHIBITS, AFFIDAVIT, AFFIRMATION
IN SUPPORT OF EXPEDITED REVIEW, AFFIRMATION OF SIGNIFICANT PREJUDICE, CC/driERCIAL ADDENDUM AND
NOTICE OF ELECTRONIC FILING
to ASIT CHOKSI, M.D.
the DEFENDANT at
46 SOUTH WINDSAIL PLACE
THE WOODLANDS, TX 77380
Copy mailed by first class mail marked PERSONAL & CONFIDENTIAL not indicating on the outside
thereof, by return address or otherwise that said notice is from an attorney or concerns an
action against the person to be served.
COMMENTS:
Sworn to befor me this
09TH day of J Y, 2020
RALPH RAYMUNDO
PM Legal, LLC
SELENA INES AD ME 75 MAIDEN LAN 1TH FLOOR
Notary Public, at of New York NEW YORK, NY 10038
No. 01AD6365042 Reference No: 7-PLLP-3353539
Qualified in NEW YORK COUNTY
Commission Expires 09/25/2021
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FILED: NASSAU COUNTY CLERK 07/09/2020 03:15 PM INDEX NO. 605409/2020
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 07/09/2020
AFFIDAVIT OF SERVICE For 605409/2020
I certify that 1 am over the age of 18, of sound mind, have no interest in the above action, and am a Certified
Process Server, in good standing, in the jurisdiction in which this service was made.
The facts stated in this affidavit are within my personal knowledge and are true and correct,
L
' Ma'
Ma r
Subscribe nd Sworn t before me on the PS 11 -9 EX 1 31/2020
day of _. _ by the affiant
who is per n to me. PM LEGAL
75 MAIDEN LANE
11TH FLOOR
OTARY PU L
NEW YORK, NY 10038
859-8821
(347)
Our Job Serial Number: BBW-2020004831
LEEANN MAIER Ref: 3353539
Notary Public, State of Texas
Comm. Expires 10-11-2023
Notar ID 130
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