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  • Talis Healthcare, Llc v. Texienne Physicians Medical Association, Pllc, Asit Choksi M.D.Commercial Division document preview
  • Talis Healthcare, Llc v. Texienne Physicians Medical Association, Pllc, Asit Choksi M.D.Commercial Division document preview
  • Talis Healthcare, Llc v. Texienne Physicians Medical Association, Pllc, Asit Choksi M.D.Commercial Division document preview
  • Talis Healthcare, Llc v. Texienne Physicians Medical Association, Pllc, Asit Choksi M.D.Commercial Division document preview
  • Talis Healthcare, Llc v. Texienne Physicians Medical Association, Pllc, Asit Choksi M.D.Commercial Division document preview
  • Talis Healthcare, Llc v. Texienne Physicians Medical Association, Pllc, Asit Choksi M.D.Commercial Division document preview
  • Talis Healthcare, Llc v. Texienne Physicians Medical Association, Pllc, Asit Choksi M.D.Commercial Division document preview
  • Talis Healthcare, Llc v. Texienne Physicians Medical Association, Pllc, Asit Choksi M.D.Commercial Division document preview
						
                                

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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 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 1 of 8 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 2 of 8 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 3 of 8 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. 4 of 8 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, 5 of 8 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 6 of 8 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 7 of 8 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 8 of 8