Upon reading and filing the annexed affidavit of plaintiff,

Transcription

1 PRESENT: At IAS Part 7 of the Supreme Court of the State of New York, held in and for the County of Bronx, at the courthouse located at 851 Grand Concourse, Bronx, New York, this dayof, HON. WILMA GUZMAN, Justice SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X JOHNNY FLORES, as Administrator of the Estate of MELISSA FLORES, Deceased, and JOHNNY FLORES, Individually, INDEX No.: 21865/2012E -against- Plaintiff (s), WRONGFUL DEATH COMPROMISE ORDER VASSAR BROTHERS MEDICAL CENTER, MEERA P. LOBO, M.D., JASON FRIEDMAN, M.D. and HUDSON VALLEY EMERGENCY MEDICINE, PLLC, Defendants X VASSAR BROTHERS HOSPITAL s/h/a VASSAR BROTHERS MEDICAL CENTER, INDEX No.: 43005/2014 Third-Party Plaintiff(s), -against- LYNN A. CLEMENTS-NORTHLAND, M.D., BRYAN YEN, M.D., IMAGING ON CALL, LLC, HUDSON VALLEY RADIOLOGISTS, P.C., and DRA IMAGING, P.C., Third-Party Defendants X Upon reading and filing the annexed affidavit of plaintiff, JOHNNY FLORES, as

2 Administrator of the Estate of MELISSA FLORES, Deceased, sworn to January 9, 2017, the affirmation of BRUCE J. RESSLER, attorney for the plaintiff, duly affirmed January 6, 2017, the letter of settlement on behalf of the defendants, dated December 22, 2016 (EXHIBIT 2), all in support of the application for leave to settle all causes of action on behalf of the Estate of MELISSA FLORES against defendant, JASON FRIEDMAN, M.D., in the sum of SIX HUNDRED THOUSAND DOLLARS ($600,000.00), and upon due deliberation and all of the papers and proceedings heretofore had herein; AND, it appearing further that plaintiff, JOHNNY FLORES, as Administrator of the Estate of MELISSA FLORES, Deceased, is willing to accept the settlement and the defendant, JASON FRIEDMAN, M.D., and/or his representatives are willing to pay the same as directed by an order of this Court; NOW, on motion of RESSLER & RESSLER, attorneys for the plaintiff; it is ORDERED, that plaintiff, JOHNNY FLORES, as Administrator of the Estate of MELISSA FLORES, Deceased, is hereby authorized and empowered to settle all causes of action on behalf of the Estate of MELISSA FLORES against defendant, JASON FRIEDMAN, M.D., with prejudice and without costs, for the total sum of SIX HUNDRED THOUSAND DOLLARS ($600,000.00); and it is further ORDERED, that plaintiff, JOHNNY FLORES, as the Administrator of the Estate of MELISSA FLORES, Deceased, is hereby authorized to discontinue all causes of action brought against defendant, JASON FRIEDMAN, M.D.; and it is further ORDERED, that plaintiff, JOHNNY FLORES, as the Administrator of the Estate of MELISSA FLORES, Deceased, is hereby given leave to discontinue all other claims against all other defendants named in the above captioned matters and for whom there has been previously filed stipulations of discontinuance; and it is further 2

3 ORDERED, that from the settlement herein, defendant or his representatives shall pay to RE SSLER & RESSLER the sum ONE HUNDRED FIFTY FOUR THOUSAND ONE HUNDRED SIXTY FIVE DOLLARS AND FORTY NINE CENTS ($154,165.49), as and for its legal fee, plus disbursements in the sum of SIXTEEN THOUSAND SIX HUNDRED SEVENTY Two DOLLARS AND FIFTY THREE CENTS ($16,672.53), and it is further ORDERED, that all legal fees and disbursements payable pursuant to this order shall be paid pursuant to CPLR 5003-a upon defendants' receipt of all closing documents, including proof of filing of the Surrogate's Court petition, and it is further ORDERED, that the defendant, JASON FRIEDMAN, M.D., or his representatives, shall retain the balance of the settlement sum of FOUR HUNDRED TWENTY NINE THOUSAND ONE HUNDRED SIXTY ONE DOLLARS AND NINETY EIGHT CENTS ($429,161.98), in order to directly fund the purchase of any annuities on behalf of the distributees or to pay and distribute any lump sums to the distributees and to pay any liens, funeral expenses, Administrator's Commissions, and any other estate expenses, but only pursuant to the further Order of the Surrogate's Court; and it is further ORDERED that RESSLER & RESSLER shall continue to serve as attorney for the estate until the entry of a final decree in the Surrogate's Court without further compensation; and it is further ORDERED, that plaintiff, JOHNNY FLORES, as Administrator of the Estate of MELISSA FLORES, Deceased, is hereby authorized and empowered to execute and deliver General Releases on behalf of the above, and to deliver any other instrument necessary to effectuate this settlement; and it is further ORDERED, that the filing of a bond is herein dispensed with; and it is further 3

4 ORDERED, that conditioned upon compliance with the terms of this Order the plaintiff shall be discharged and released from all matters and things embraced in this Order and the defendants and/or their subsidiaries, parent companies or affiliates shall be discharged from all further liability in accordance with and pursuant to the settlement herein; and it is further ORDERED, that the provisions in the Letters of Administration heretofore issued to plaintiff restraining the Administrator from collecting upon and distributing the aforesaid claim are modified to permit that which is ordered herein. ENTER JSC 4

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X JOHNNY FLORES, as Administrator of the Estate of MELISSA FLORES, Deceased, and JOHNNY FLORES, Individually, INDEX No.: 21865/2012E -against- Plaintiff(s), PLAINTIFF'S AFFIDAVIT IN SUPPORT OF WRONGFUL DEATH COMPROMISE ORDER VASSAR BROTHERS MEDICAL CENTER, MEERA P. LOBO, M.D., JASON FRIEDMAN, M.D. and HUDSON VALLEY EMERGENCY MEDICINE, PLLC, Defendants X VASSAR BROTHERS HOSPITAL s/h/a VASSAR BROTHERS MEDICAL CENTER, INDEX No.: 43005/2014 Third-Party Plaintiff(s), -against- LYNN A. CLEMENTS-NORTHLAND, M.D., BRYAN YEN, M.D., IMAGING ON CALL, LLC, HUDSON VALLEY RADIOLOGISTS, P.C., and DRA IMAGING, P.C., Third-Party Defendants X STATEQFNEWYORK ) ) ss.: COUNTY OF NEW YORK ) JOHNNY FLORES, being duly sworn, deposes and says: 1. I am Administrator of the Estate of MELISSA FLORES and the plaintiff herein. The decedent, MELISSA FLORES, was my wife and we had together two children, Johnny N. Flores, Jr. and Jonathan L. Flores, who are both adults. The children and I reside at 491 Minnieford Avenue, Bronx, NY I am of sound mind and full age, and a citizen of the United States. 1

6 2. I incorporate and adopt the statements made by my attorney, Bruce J. Ressler, in his accompanying affirmation herein. 3. The cause of action arose on March 8-9, 2010, while plaintiffs decedent, MELISSA FLORES, was being treated by JASON FRIEDMAN, M.D. at VASSAR BROTHERS MEDICAL CENTER. As a result of the medical malpractice of defendant JASON FRIEDMAN, M.D., my wife sustained serious personal injuries, including a ruptured appendiceal abscess, and ultimately died as a result on March 9, On May 12, 2010, Letters of Administration of the Goods, Chattels and Credits which were of MELISSA FLORES, deceased, were issued to me by the Surrogate's Court of Dutchess County (EXHIBIT 1). To date, said letters have not been revoked and are presently in full force and effect. No bond was required to cover any probable amount to be realized from any lawsuit. 5. I believe that it is in the best interest of the distributes and of the Estate of MELISSA FLORES, and those interested therein, to accept the settlement so offered and that this is the largest amount that can be obtained without further, uncertain, and protracted litigation. 6. The decedent, MELISSA FLORES, at the time of her death was married to me and left the following survivors: Husband: Johnny Flores, Address: 491 Minnieford A venue, Bronx, NY 10464, Date of Birth: October 14, 1960; Son: Johnny N. Flores, Jr. 491 Minnieford Avenue, Bronx, NY 10464, Date of Birth: September 15, 1984; and Son: Jonathan L. Flores, 491 Minnieford Avenue, Bronx, NY 10464, Date of Birth: January 4,

7 All are of sound mind and are all citizens of the United States. 7. On February 2, 2012, I retained the law firm of RESSLER & RESSLER, located at 48 Wall Street, New York, NY 10005, to prosecute a cause of action for medical malpractice and wrongful death on behalf of the decedent, MELISSA FLORES. 8. I have read the accompanying affirmation of my attorney, BRUCE J. RESSLER, and the proceedings described therein, which are to the best of our knowledge, accurately set forth and I adopt and incorporate those allegations. 9. An action for medical malpractice and wrongful death was commenced against defendants, VASSAR BROTHERS MEDICAL CENTER, MEERA P. LOBO, M.D., JASON FRIEDMAN, M.D. and HUDSON VALLEY EMERGENCY MEDICINE, PLLC, on behalf of the Estate of MELISSA FLORES and on behalf of JOHNNY FLORES, individually, in Bronx County Supreme Court under Index Number 21865/2012E. VASSAR BROTHERS MEDICAL CENTER then commenced the Third Party Action. Thereafter, negotiations were entered into with counsel for defendants, and a final offer was made in December 2016 to settle all causes of action on behalf of the Estate of MELISSA FLORES against defendant, JASON FRIEDMAN, M.D., for SIX HUNDRED THOUSAND DOLLARS ($600,000.00) (EXHIBIT 2). 10. I have consulted with my attorney and have determined that it would be in the best interest of the Estate of MELISSA FLORES, and those interested therein, to accept the sum of SIX HUNDRED THOUSAND DOLLARS ($600,000.00), offered by defendant, JASON FRIEDMAN, M.D., in full and final settlement of this case. I also seek leave to discontinue all other claims against the other defendants in this action. I waive any personal causes of action on my behalf herein, except for my claim for statutory commissions. 3

8 11. The contingency retainer agreement with our attorney is that he is to receive a sliding scale medical malpractice fee of 30% of the first $250, is $75,000.00; 25% of the next $250, is $62,500.00; and 20% of the remaining $83, is $16, The legal fee thus totals ONE HUN DRED FIFTY FOUR THOUSAND ONE HUND RED SIXTY FIVE DOLLARS AND FORTY NINE CENTS ($154,165.49). I respectfully submit that this is fair and reasonable compensation in view of the work done and the results obtained. In addition, there are disbursements for the prosecution of the case, as described in our attorney's affirmation, totaling SIXTEEN THOUSAND SIX HUND RE D SEVENTY Two DOLLARS AND FIFTY THREE CENTS ($16,672.53) which, pursuant to the retainer agreement, are now to be repaid to my attorney (see EXHIBIT3). 12. I respectfully request that the allocation and distribution of the balance of settlement proceeds ( after payment of the aforesaid legal fees and disbursements), to wit, the sum of FOUR HUNDRED TWENTY NINE THOUSAND ONE HUNDRED SIXTY ONE DOLLARS AND NINETY EIGHT CENTS ($429,161.98) on behalf of decedent's estate, including reimbursement of funeral expenses, any liens, my statutory commissions, and any other Estate expense, be referred to the Surrogate's Court. 13. Annexed hereto is the letter from The Department of Social Services, dated December 28, 2016, indicating that there are no Medicaid or Public Assistance Liens in connection with this matter (EXHIBIT 5). There is also a letter dated July 8, 2015 from Medicare indicating that there are no claims or liens related to this matter (EXHIBIT 6). 14. Decedent's funeral and burial expenses were paid by me in the amount of THIRTEEN THOUSAND EIGHT HUNDRED AND NINETEEN DOLLARS ($13,819.00) (EXHIBIT 4). I respectfully 4

9 request that reimbursement of decedent's funeral and burial bills paid by me, be referred to the Surrogate's Court. 15. There are no bills, liens, or encumbrances outstanding against the proceeds of this settlement except as stated above. There are no assignments, compensation claims or liens filed against the Estate except as stated above. There are no other estate assets and/or non-testamentary properties, which pass by operation of law. There are no other firms, associations, or corporations that have any interest in this matter. 16. No other actions or proceedings have been commenced on behalf of the decedent, or the plaintiff as a consequence of the above-mentioned medical treatment. 17. I have not become interested in the within subject matter at the instance of any other party or anyone acting on their behalf, either directly and/or indirectly. 18. I respectfully request leave of this Court to settle all causes of action against defendant, JASON FRIEDMAN, M.D., on behalf of the Estate of MELISSA FLORES in the sum of SIX HUNDRED THOUSAND DOLLARS ($600,000.00), for leave to discontinue all other claims against the other defendants, that my attorneys RESSLER & RESSLER be paid their legal fee of ONE HUNDRED FIFTY FOUR THOUSAND ONE HUNDRED SIXTY FIVE DOLLARS AND FORTY NINE CENTS ($154,165.49), plus their disbursements in the sum of SIXTEEN THOUSAND SIX HUNDRED SEVENTY Two DOLLARS AND FIFTY THREE CENTS ($16,672.53), and that the allocation and distribution of the balance of the settlement proceeds in the sum of FOUR HUNDRED TWENTY NINE THOUSAND ONE HUNDRED SIXTY ONE DOLLARS AND NINETY EIGHT CENTS ($429,161.98) on behalf of decedent's estate, including reimbursement of funeral expenses, any liens, my statutory commissions and any other Estate expense be referred to the Surrogate's Court. 19. No previous application has been made for the relief sought herein. 5

10 WHEREFORE, I respectfully request that relief herein be granted and for such other relief as this Court deems just. DATED: NEW YORK, NEW YORK JANUARY 9, 2017 SWORN To BEFORE ME THIS 9TH DAY OF JANUARY, 2017 \.. <~ OLININI Notary Public, State of New York No. 01 M0603GG:3 Qualified in Kings Cni;1:y C~ission Ex~~~~ pl,~ 6

11 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X JOHNNY FLORES, as Administrator of the Estate of MELISSA FLORES, Deceased, and JOHNNY _FLORES, Individually, -against- Plaintiff(s), INDEX No.: 21865/2012E ATTORNEY'S AFFIRMATION IN SUPPORT OF WRONGFUL DEATH COMPROMISE ORDER VASSAR BROTHERS MEDICAL CENTER, MEERA P. LOBO, M.D., JASON FRIEDMAN, M.D. and HUDSON VALLEY EMERGENCY MEDICINE, PLLC, Defendants X VASSAR BROTHERS HOSPITAL s/h/a VASSAR BROTHERS MEDICAL CENTER, INDEX NO.: 43005/2014 Third-Party Plaintiff(s), -against- LYNN A. CLEMENTS-NORTHLAND, M.D., BRYAN YEN, M.D., IMAGING ON CALL, LLC, HUDSON VALLEY RADIOLOGISTS, P.C., and DRA IMAGING, P.C., Third-Party Defendants X BRUCE J. RESSLER, an attorney admitted to practice law in the Courts of the State of New York, affirms the following to be true under the penalty of perjury: 1. I am a member of the firm of RESSLER & RESSLER, attorneys for plaintiff, JOHNNY FLORES, as Administrator of the Estate of MELISSA FLORES, Deceased, and as such fully familiar with the facts and circumstances of this matter. 2. This affirmation is submitted in support of the application of plaintiff, JOHNNY FLORES, as Administrator of the Estate of MELISSA FLORES, Deceased, for leave to settle all 1

12 causes of action on behalf of the Estate of MELISSA FLORES against defendant, JASON FRIEDMAN, M.D., in the sum of SIX HUNDRED THOUSAND DOLLARS ($600,000.00) (letter of settlement annexed hereto as EXHIBIT 2), for leave to discontinue all other claims against all other defendants in this action, to approve payment of legal fees of ONE HUNDRED FIFTY FOUR THOUSAND ONE HUNDRED SIXTY FIVE DOLLARS AND FORTY NINE CENTS ($154,165.49), plus disbursements in the sum of SIXTEEN THOUSAND SIX HUNDRED SEVENTY Two DOLLARS AND FIFTY THREE CENTS ($16,672.53) to RESSLER & RESSLER, that the allocation and distribution of the balance of the settlement in the sum of FOUR HUNDRED TWENTY NINE THOUSAND ONE HUNDRED SIXTY ONE DOLLARS AND NINETY EIGHT CENTS ($429,161.98) on behalf of the decedent's estate, be referred to the Surrogate's Court; and for such other and further relief as this Court may deem just and proper. 3. The cause of action arose on March 8-9, 2010, while plaintiffs decedent, MELISSA FLORES, was being treated by JASON FRIEDMAN, M.D. at VASSAR BROTHERS MEDICAL CENTER. As a result of defendant's medical malpractice, plaintiffs decedent sustained serious personal injuries, including a ruptured appendiceal abscess, and ultimately died as a result on March 9, I have read the accompanying affidavit of plaintiff, JOHNNY FLORES, including the factual allegations and the proceedings described therein which are to the best of my knowledge, accurately set forth and I adopt and incorporate those herein. services: 5. After being retained by the plaintiff on February 2, 2012, I rendered the following 1) Met with the client (decedent's husband) on numerous occasions to obtain information concerning plaintiffs decedent's medical treatment, and her relationship with her family and employment history; 2) Obtained and reviewed, plaintiffs decedent's medical records from VASSAR BROTHERS MEDICAL CENTER and various treating physicians; 2

13 3) Consulted with medical experts regarding the medical treatment of plaintiffs decedent; 4) Obtained and reviewed documents from client for Surrogate's Court proceedings; 5) Obtained certified Letters of Administration from Dutchess County Surrogate's Court; 6) Prepared and filed in Supreme Court, Bronx County, plaintiffs Summons and Verified Complaint against defendants Vassar Brothers Medical Center and Meera Lobo, M.D. on February 3, 2012; 7) Met with decedent's two sons on several occasions to obtain information; 8) Served upon defendant upon defendant Vassar Brothers Medical Center the Summons and Verified Complaint on February 21, 2012; 9) Served upon defendant Meera Lobo, M.D. the Summons and Verified Complaint on February 2J, 2012; 10) Received and reviewed defendant Meera Lobo, M.D.'s Verified Answer on March 12, 2012; 11) Received, reviewed, executed, and returned a Stipulation to extend defendant Vassar Brothers Medical Center's time to Answer to March 26, 2012 on March 12, 2012; 12) Received and reviewed defendant Meera Lobo, M.D.'s Motion to Change Venue on March 21, 2012; 13) Received and reviewed defendant Meera Lobo, M.D.'s Request for Judicial Intervention on March 23, 2012; 14) Received and reviewed defendant Vassar Brothers Medical Center's Verified Answer on April 2, 2012; 15) Received and reviewed defendant Vassar Brothers' Notice to Take Deposition Upon Oral Examination on April 2, 2012; 16) Prepared, filed, and served Plaintiffs Affirmation in Opposition to the Motion to Change Venue on April 13, 2012; 17) Received and reviewed defendant Vassar Brothers' Demand for Copies of Statements on April 16, 2012; 3

14 18) Received and reviewed third party defendants Vassar Brothers Medical Center's' Demand for a Verified Bill of Particulars on April 16, 2012; 19) Prepared, filed and served Plaintiffs Attorney's Supplemental Affirmation in Opposition to Motion to Change Venue of defendant Meera Lobo, M.D. on April 17, 2012; 20) Received and reviewed defendant Meera Lobo, M.D.'s Reply to plaintiffs opposition to Motion to Change Venue on April 23, 2012; 21) Received and reviewed defendant Meera Lobo, M.D.'s Sur-Reply to plaintiffs opposition to Motion to Change Venue on April 30, 2012; 22) Received and reviewed the Decision of the Honorable Stanley Green denying defendants' Motion to Change Venue, dated May 1, 2012; 23) Prepared and served Plaintiffs' Verified Bill of Particulars as to Defendant Meera Lobo, M.D. on May 1, 2012; 24) Prepared and served Plaintiffs' Verified Bill of Particulars as to Defendant Vassar Brothers Medical Center on May 1, 2012; 25) Prepared filed and served plaintiffs Notice of Medical Dental or Podiatric Malpractice Action upon defendants Vassar Brothers Medical Center and Meera Lobo, M.D. on May 1, 2012; 26) Prepared and served plaintiffs Notice of Combined Demands for Discovery and Inspection upon defendants Vassar Brothers Medical Center and Meera Lobo, M.D. on May 1, 2012; 27) Prepared and served Plaintiffs' Response to Defendants' Demand for Authorizations on May 4, 2012; 28) Prepared, filed and served plaintiffs Request for Judicial Intervention upon defendants Vassar Brothers Medical Center and Meera Lobo, M.D. on May 7, 2012; 29) Prepared, filed and served plaintiffs Request for Preliminary Conference upon defendants Vassar Brothers Medical Center and Meera Lobo, M.D. on May 7, 2012; 30) Prepared, filed, and served plaintiffs Notice Of Medical, Dental or Podiatric Malpractice Action upon defendants Vassar Brothers Medical Center and Meera Lobo, M.D. on May 7, 2012; 4

15 31) Prepared for and attended the Preliminary Conference before the Honorable Stanley Green on June 8, 2012; 32) Prepared and served Plaintiffs' Supplemental Bill of Particulars as to Defendant Meera Lobo, M.D. on June 21, 2012; 33) Received and reviewed defendant Meera Lobo, M.D.'s Demand for Authorizations on July 11, 2012; 34) Received and reviewed defendant Meera Lobo, M.D.'s Response to Demand for Particulars of Affirmative Defenses on July 25, 2012; 35) Received and reviewed defendant Meera Lobo, M.D.'s Response to Notice of Combined Demands for Discovery and Inspection on July 25, 2012; 36) Received and reviewed defendant Meera Lobo, M.D.'s Response to Notice for Examination and Exchange of Medical Records on July 25, 2012; 37) Received and reviewed defendant Meera Lobo, M.D.'s Response to Notice for Examination Before Trial on July 25, 2012; 3 8) Received and reviewed a Stipulation to Amend Summons and Complaint to add defendants Jason Friedman, M.D. and Hudson Valley Emergency Medicine on August 6, 2012; 39) Prepared and filed plaintiffs Summons and Verified Complaint as to defendants Jason Friedman, M.D. and Hudson Valley Emergency Medicine, PLLC on August 20, 2012; 40) Served upon defendant Jason Friedman, M.D. the Summons and Complaint and Notice of Commencement of Action Subject to Mandatory Electronic Filing on September 7, 2012; 41) Served upon defendant Hudson Valley Emergency Medicine, PLLC the Summons and Complaint and Notice of Commencement of Action Subject to Mandatory Electronic Filing on September 7, 2012; 42) Received and reviewed defendant Jason Friedman, M.D.'s Verified Answer on October 4, 2012; 43) Received and reviewed defendant Vassar Brothers' Demand for Authorizations on October 9, 2012; 5

16 44) Received and reviewed defendant Hudson Valley Emergency Medicine, PLLC's Verified Answer on October 12, 2012; 45) Received and reviewed defendant Hudson Valley Medicine PLLC's Verified Answer on October 15, 2012; 46) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Combined Demand (Personal Injury) on October 15, 2012; 47) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Notice Pursuant to CPLR 4545 on October 15, 2012; 48) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC' s Demand for Exchange of Medical Reports and Authorizations Pursuant to 22 NYCRR on October 15, 2012; 49) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC' s Demand Pursuant to CPLR 3101 ( d)( 1) (Physicians) on October 15, 2012; 50) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand Pursuant to CPLR 3101(d)(l) (Non Physicians) on October 15, 2012; 51) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Combined Demand Pursuant to CPLR 3121 on October 15, 2012; 52) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand For IRS Authorizations on October 15, 2012; 53) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Combined Notice for Discovery and Inspection (Wrongful Death) on October 15, 2012; 54) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Combined Notice for Discovery and Inspection of Films in Plaintiffs Possession on October 15, 2012; 55) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Combined Demand (Personal Injury) on October 15, 2012; 6

17 56) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand for Medicare and Social Security Disability Information on October 15, 2012; 57) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Notice for Discovery and Inspection of Defendant's Records on October 15, 2012; 58) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Notice for Discovery and Inspection of Videotapes on October 15, 2012; 59) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand for Economic Experts on October 15, 2012; 60) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Request for Supplemental Demand for Relief on October 15, 2012; 61) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand for Appearances, Affidavits of Service and Pleadings on October 15, 2012; 62) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Notice to Take Deposition Upon Oral Examination on October 15, 2012; 63) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand for Change of Venue on October 15, 2012; 64) Received and reviewed defendant Vassar Brothers' Demand for Authorizations on October 26, 2012; 65) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand for Change of Venue on November 7, 2012; 66) Received and reviewed defendant Meera Lobo, M.D.'s Demand for Authorizations on November 7, 2012; 67) Prepared and served Plaintiffs Response to Defendants' Demand for Authorizations Dated November 6, 2012 on November 19, 2012; 68) Prepared and served Plaintiffs' Supplemental Response to Defendants' Demand for Authorizations on November 19, 2012; 7

18 69) Received and reviewed defendant Vassar Brothers' Demand for Authorizations on November 26, 2012; 70) Prepared, filed and served plaintiffs Request for Judicial Intervention upon defendants Jason Friedman, M.D. and Hudson Valley Emergency Medicine, PLLC, on November 30, 2012; 71) Prepared, filed and served plaintiffs Request for Preliminary Conference upon defendants Jason Friedman, M.D. and Hudson Valley Emergency Medicine, PLLC, on November 30, 2012; 72) Prepared, filed and served plaintiffs Notice of Medical, Dental or Podiatric Malpractice Action, as to defendants Jason Friedman, M.D. and Hudson Valley Emergency Medicine, PLLC, on November 30, 2012; 73) Prepared and served plaintiffs' Notice of Combined Demands for Discovery and Inspection upon defendants Jason Friedman, M.D. and Hudson Valley Emergency Medicine, PLLC on November 30, 2012; 74) Prepared and served Plaintiffs' Verified Bill of Particulars as to Defendants Jason Friedman, M.D. and Hudson Valley Emergency Medicine, PLLC on November 30, 2012; 75) Received and reviewed defendant Vassar Brothers' Demand for Authorizations on December 6, 2012; 76) Received and reviewed defendant Vassar Brothers' Demand for Authorizations on December 13, 2012; 77) Received and reviewed defendant Vassar Brothers' Demand for Authorizations on January 2, 2013; 78) Received and reviewed defendant Meera Lobo, M.D.'s Demand for Authorizations on January 9, 2013; 79) Received and reviewed defendant Vassar Brothers Medical Center's Response to Plaintiffs Notice of Combined Demands for Discovery and Inspection on January 28, 2013; 80) Prepared for and attended the Compliance Conference before the Honorable Stanley Green on January 30, 2013; 81) Received and reviewed the decision of the Honorable Stanley Green granting consolidation of the two actions on January 30, 2013; 8

19 82) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand for Authorizations on February 8, 2013; 83) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand for Authorizations on February 25, 2013; 84) Received and reviewed defendant Vassar Brothers Medical Center's Verified Cross Claim on March 22, 2013; 85) Received and reviewed defendant Vassar Brothers' Demand for Insurance Information on April 1, 2013; 86) Prepared and served plaintiffs' Response to Defendant Vassar Brothers Medical Center's Demands for Discovery, As per Court Stipulation, dated January 30, 2013 on April 8, 2013; 87) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Verified Answer to a Cross Claim with a Cross Claim as to defendant Vassar Brothers on April 3, 2013; 88) Prepared and served plaintiffs Response to Defendant Meera Lobo, M.D.'s Demands for Discovery, As Per Court Stipulation, Dated January 30, 2013 on April 8, 2013; 89) Prepared and served plaintiffs Response to Defendant Meera Lobo, M.D.'s Demand for Authorization, Dated January 7, 2013 on April 8, 2013; 90) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Response to Demand for Insurance Information on April 22, 2013; 91) Received and reviewed defendant Meera Lobo, M.D.'s Demand for Authorizations on April 22, 2013; 92) Received and reviewed defendant Vassar Brothers' Demand for Authorizations on April 26, 2013; 93) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand for Authorizations on May 9, 2013; 94) Prepared and served plaintiffs Response to Defendant Jason Friedman, M.D. and Hudson Valley Emergency Medicine, PLLC's Demand for Authorizations on May 28, 2013; 9

20 95) Prepared and served plaintiffs Supplemental Response to Defendant's Demand for Authorizations on May 28, 2013; 96) Received and reviewed defendant Meera Lobo, M.D.'s Demand for Authorizations on June 24, 2013; 97) Received and reviewed defendant Meera Lobo, M.D.'s Demand for Authorizations on July 10, 2013; 98) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand for Authorizations on July 10, 2013; 99) Received and reviewed defendant Vassar Brothers' Demand for Authorizations on July 12, 2013; 100) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand for Authorizations, dated July 22, 2013; 101) Received and reviewed defendant Vassar Brothers' Demand for Authorizations on August 8, 2013; 102) Received and reviewed defendant Meera Lobo, M.D.'s Demand for Authorizations on August 15, 2013; 103) Prepared and served plaintiffs response to defendants' demands for Authorizations on August 28, 2013; 104) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand for Authorizations on September 5, 2013; 105) Prepared for and attended a Compliance Conference before the Honorable Stanley Green on September 11, 2013; 106) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand for Authorizations on September 11, 2013; 107) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand for Authorizations on September 13, 2013; 108) Prepared and served plaintiffs response to defendant's Demand for Authorizations Dated September 9, 2013 on October 4, 2013; 10

21 109) Received and reviewed defendant Vassar Brothers Medical Center's Verified Third Party Summons and Verified Third Party Complaint and January 13, 2014; 110) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Verified Answer to Verified Third Party Complaint on January 31, 2014; 111) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Notice to Produce on February 10, 2014; 112) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Notice for Discovery and Inspection on February 10, 2014; 113) Received and reviewed defendant Vassar Brothers Medical Center's Response to Third Party Defendants Notice to Produce on February 14, 2014; 114) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Notice to Produce on March 3, 2014; 115) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Demand for Verified Bill of Particulars from Third Party Plaintiff on March 3, 2014; 116) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Demand for Trial Authorizations on March 3, 2014; 117) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Demand for Verified Bill of Particulars from Plaintiff on March 3, 2014; 118) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Notice for Discovery and Inspection on March 3, 2014; 119) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Request for Authorizations on March 3, 2014; 11

22 120) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Notice to Take Deposition Upon Oral Examination on March 3, 2014; 121) Prepared for and attended a Compliance Conference before the Honorable Stanley Green on March 18, 2014; 122) Received and reviewed third-party defendant Lynn A. Clements Northland, M.D.'s Verified Answer to Verified Third Party Complaint on March 31, 2014; 123) Received and reviewed third-party defendant Imaging On Call's Verified Answer to Verified Third Party Complaint on March 31, 2014; 124) Received and reviewed third-party defendants Lynn A. Clements Northland, M.D. Imaging On Call's Demand for Verified Bill of Particulars on March 31, 2014; 125) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Notice to Produce Authorizations and Documents on March 31, 2014; 126) Prepared and served plaintiffs response to third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s ' counsel's letter of April 15, 2014 demanding an authorization for all medical records on April 16, 2014; 127) Prepared for, attended and defended the deposition of plaintiff, Johnny Flores, on June 17, 2014; 128) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Second Supplemental Request for Authorizations on June 17, 2014; 129) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Second Supplemental Request for Authorizations on June 19, 2014; 130) Received and reviewed defendant Vassar Brothers' Demand for Authorizations on June 26, 2014; 131) Received and reviewed defendant Vassar Brothers' Demand for Authorizations on June 30, 2014; 12

23 132) Received and reviewed defendant Vassar Brothers' Demand to CoDefendant/Third Party Defendants for Insurance Information on June 30, 2014; 133) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand for Authorizations on July 2, 2014; 134) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Third Supplemental Request for Authorizations on July 7, 2014; 135) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Notice for Discovery and Inspection on July 7, 2014; 136) Received and reviewed third-party defendant Meera Lobo, M.D.'s Demand for Authorizations on July 7, 2014; 137) Prepared for and attended a Compliance Conference before the Honorable Stanley Green on July 8, 2014; 138) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Notice Pursuant to CPLR 3116(a) on July 14, 2014; 139) Received and reviewed defendant Vassar Brothers' Demand for Authorizations on July 11, 2014; 140) Received and reviewed defendant Vassar Brothers' Notice for Discovery and Inspection on July 14, 2014; 141) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Fourth Supplemental Request for Authorizations on July 14, 2014; 142) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Compliance Conference Disclosure on July 14, 2014; 143) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand for Authorizations on July 21, 2014; 144) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Notice to Produce on July 28, 2014; 13

24 145) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Fifth Supplemental Request for Authorizations on July 28, 2014; 146) Received and reviewed defendant Vassar Brothers' Post-EBT Demand for Authorizations on July 31, 2014; 147) Received and reviewed defendant Vassar Brothers' Demand for Contracts on July 31, 2014; 148) Received and reviewed defendant Vassar Brothers' Response to Third Party Defendant Yen, DRA Imaging and Hudson Valley Radiologists Demand for a Bill of Particulars on July 31, 2014; 149) Received and reviewed defendant Vassar Brothers' Response to Third Party Defendants Clements-Northland, M.D. and Imaging On Call, LLC's Demand for a Bill of Particulars on July 31, 2014; 150) Received and reviewed defendant Meera Lobo, M.D.'s Demand for Authorizations on August 4, 2014; 151) Received and reviewed third-party defendant Meera Lobo, M.D.'s ' Notice of Discovery and Inspection on August 4, 2014; 152) Prepared and served plaintiffs' response to defendants' Demands for Authorizations of July 10, 2014, July 17, 2014, July 24, 2014, and July 28, 2014 on August 5, 2014; 153) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand for Authorizations on August 7, 2014; 154) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Post-EBT Demand for Authorizations on August 7, 2014; 155) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Notice to Produce on August 7, 2014; 156) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Notice for Discovery and Inspection on August 7, 2014; 157) Received and reviewed defendant Meera Lobo, M.D.'s Demand for Authorizations on August 11, 2014; 14

25 158) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Sixth Supplemental Request for Authorizations on August 11, 2014; 159) Received and reviewed third-party defendants Lynn A. Clements Northland, M.D. and Imaging On Cali's Demand for Discovery and Inspection on August 15, 2014; 160) Received and reviewed defendant Vassar Brothers' counsel's letter regarding outstanding discovery on August 15, 2014; 161) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Demand for Authorizations on August 15, 2014; 162) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Notice to Produce on August 15, 2014; 163) Received and reviewed third-party defendants Vassar Brothers Medical Center's' Notice to Produce on August 18m, 2014; 164) Received and reviewed defendant Meera Lobo, M.D.'s Demand for Authorizations on August 20, 2014; 165) Received and reviewed third-party defendants Vassar Brothers Medical Center's Notice to Produce on August 21, 2014; 166) Received and reviewed third-party defendants Vassar Brothers Medical Center's Demand for Discovery and Inspection on August 25, 2014; 167) Received and reviewed third-party defendant Meera Lobo, M.D.'s ' Notice of Discovery and Inspection on September 2, 2014; 168) Received and reviewed third-party defendants Bryan Yen, M.D., Hudson Valley Radiologists and DRA Imagine, P.C.'s Notice to Produce on September 2, 2014; 169) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Notice for Discovery and Inspection on September 8, 2014; 170) Prepared and served plaintiffs response to defendant's Demand for Authorizations Dated August 5, 2014 on September 9, 2014; 15

26 171) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Notice for Discovery and Inspection on September 11, 2014; 172) Received and reviewed defendants Jason Friedman, M.D. and Hudson Valley Medicine PLLC's Demand for Authorizations on September 11, 2014; 173) Received and reviewed letter from defense counsel requesting new authorizations on October 28, 2014; 174) Received and reviewed letter from defense counsel regarding outstanding discovery on November 10, 2014; 17 5) Received and reviewed fax from counsel for defendant Vassar Brothers to the Honorable Stanley Green regarding discovery schedule on November 12, 2014; 176) Prepared for and attended a Compliance Conference before the Honorable Stanley Green on December 2, 2014; 177) Prepared and served Plaintiffs' First Supplemental Bill of Particulars as to Defendant Meera Lobo, M.D. on December 29, 2014; 178) Prepared and served Plaintiffs Response To December 2, 2014 Compliance Conference Order on January 6, 2015; 179) Prepared and served Plaintiffs Response To Third Party Defendant's Notice to Produce Dated July 24, 2014 on January 6, 2015; 180) Received and reviewed defendant Vassar Brothers Medical Center's Supplemental Demand for Photos and Video on March 2, 2015; 181) Received and reviewed defendants Jason Freidman, M.D. and Hudson Valley Emergency Medicine, PLLC's Supplemental Demand for Photos and Video on March 9, 2015; 182) Prepared for and attended the deposition of defendant, Meera Lobo, M,.D, on July 27, 2015; 183) Received and reviewed defendant Bryan C. Yen, M.D. and DRA Imaging, PC's Notice Pursuant to CPLR 3116(a) as to Co-Defendant Meera Lobo, M.D. on September 3, 2015; 184) Received and reviewed defendant Vassar Brothers Medical Center's Post EBT Demand for Authorizations on September 3, 2015; 16

27 185) Received and reviewed defendants Jason Freidman, M.D. and Hudson Valley Emergency Medicine, PLLC's Demand for Authorizations on September 4, 2015; 186) Received and reviewed defendants Meera Lobo, M.D.'s Post-EBT Demand for Authorizations on September 8, 2015; 187) Received and reviewed defendants Jason Freidman, M.D. and Hudson Valley Emergency Medicine, PLLC's Demand for Authorizations on September 10, 2015; 188) Received and reviewed defendant Vassar Brothers Medical Center's Post EBT Demand for Authorizations on September 14, 2015; 189) Received and reviewed defendant Vassar Brothers Medical Center's Notice Pursuant to CPLR 3116(a) as to Co-Defendant Meera Lobo, M.D. on September 14, 2015; 190) Prepared for and attended a Compliance Conference before the Honorable Stanley Green on September 17, 2015; 191) Received and reviewed defendants Jason Freidman, M.D. and Hudson Valley Emergency Medicine, PLLC's Demand for Authorizations on September 21, 2015; 192) Received and reviewed defendants Jason Freidman, M.D. and Hudson Valley Emergency Medicine, PLLC's Notice Pursuant to CPLR 3116(a) as to Co-Defendant Meera Lobo, M.D. on September 21, 2015; 193) Received and reviewed defendants Jason Freidman, M.D. and Hudson Valley Emergency Medicine, PLLC' s Demand for Insurance Coverage Information on October 9, 2015; 194) Received and reviewed defendant Vassar Brothers Medical Center's Demand for Insurance Coverage Information on October 19, 2015; 195) Prepared for and attended the deposition of defendant, Jason Friedman, M.D., on November 16, 2015; 196) Prepared for and attended the continued deposition of defendant, Jason Friedman, M.D., on December 10, 2015; 197) Received and reviewed Notice Pursuant to CPLR 3116(a) as to Co Defendant Jason Friedman, M.D. on December 10, 2015; 17

28 198) Prepared and service plaintiffs Notice for Discovery and Inspection on December 21, 2015; 199) Received and reviewed defendants Jason Freidman, M.D. and Hudson Valley Emergency Medicine, PLLC's Notice for Discovery and Inspection on January 8, 2016; 200) Received and reviewed defendants Jason Freidman, M.D. and Hudson Valley Emergency Medicine, PLLC's Response to Demand for Insurance Information on January 8, 2016; 201) Received and reviewed third party defendants Bryan C. Yen, M.D. and DRA Imaging PC's Notice Pursuant to CPLR 3116( a) as to Co-Defendant Jason Friedman, M.D. on January 11, 2016; 202) Received and reviewed defendant Meera Lobo, M.D.'s Notice for Discovery and Inspection on January 25, 2016; 203) Received and reviewed defendant Vassar Brothers Medical Center's Notice of Discovery and Inspection on January 21, 2016; 204) Received and reviewed defendant Vassar Brothers Medical Center's Response to Notice of Discovery and Inspection by Defendant Hudson Valley Emergency Medicine, PLLC and Jason Friedman, M.D. on January 21, 2016; 205) Received and reviewed third party defendants Bryan C. Yen, M.D. and DRA Imaging PC's Notice of Discovery and Inspection on January 25, 2016; 206) Received and reviewed defendant Vassar Brothers Medical Center's Demand for Discovery and Inspection on January 28, 2016; 207) Received and reviewed defendants Jason Freidman, M.D. and Hudson Valley Emergency Medicine, PLLC's Notice for Discovery and Inspection on February 1, 2016; 208) Received and reviewed defendant Vassar Brothers Medical Center's Response to Notice of Discovery and Inspection by Defendant Meera Lobo, M.D. on February 1, 2016; 209) Prepared for and attended a Compliance Conference before the Honorable Stanley Green on February 9, 2016; 18

29 210) Received and reviewed defendant Vassar Brothers Medical Center's Response to Notice of Discovery and Inspection by Defendants Imaging On Call and Dr. Clements-Northland on February 11, 2016; 211) Received and reviewed defendant Vassar Brothers Medical Center's Demand for Notice of Discovery and Inspection on February 29, 2016; 212) Received and reviewed third-party defendants Bryan C. Yen, M.D. and DRA Imaging PC's Response to Notices of Discovery and Inspection on March 7, 2016; 213) Prepared for and defended the deposition of non-party witness, Johnny Flores, Jr. on March 24, 2016; 214) Prepared for and defended the deposition of non-party witness, Jonathan Flores on March 24, 2016; 215) Received and reviewed third party defendants Bryan C. Yen, M.D., Hudson Valley Radiologists PC and DRA Imaging PC's Notice Pursuant to CPLR 3116(a) to Co-Defendant Lynn A. Clements-Northland, M.D. on March 31, 2016; 216) Prepared for and attended a Compliance Conference before the Honorable Stanley Green on April 4, 2016; 217) Received and reviewed defendants Jason Freidman, M.D. and Hudson Valley Emergency Medicine, PLLC's Notice Pursuant to CPLR 3116(a) as to Co-Defendant Lynn A. Clements-Northland, M.D. on April 7, 2016; 218) Received and reviewed third party defendants Bryan C. Yen, M.D., Hudson Valley Radiologists PC and DRA Imaging PC's Notice Pursuant to CPLR 3116(a) to Non-Party Witness Jonathan Flores on April 14, 2016; 219) Received and reviewed third party defendants Bryan C. Yen, M.D., Hudson Valley Radiologists PC and DRA Imaging PC's Notice Pursuant to CPLR 3116(a) to Non-Party Witness Johnny Flores, Jr. on April 14, 2016; 220) Received and reviewed defendant Vassar Brothers Medical Center's Response to Notice for Discovery and Inspection on April 18, 2016; 221) Received and reviewed defendants Jason Freidman, M.D. and Hudson Valley Emergency Medicine, PLLC's Notice Pursuant to CPLR 3116(a) as to Non-Party Witness Jonathan Flores on April 25, 2016; 19

30 222) Received and reviewed defendants Jason Freidman, M.D. and Hudson Valley Emergency Medicine, PLLC's Notice Pursuant to CPLR 3116(a) as to Non-Party Witness Johnny Flores, Jr. on April 25, 2016; 223) Received and reviewed defendants Jason Freidman, M.D. and Hudson Valley Emergency Medicine, PLLC's Notice for Discovery and Inspection on April 25, 2016; 224) Prepared and served Plaintiffs' Third Supplemental Bill of Particulars on April 29, 2016; 225) Prepared and served plaintiffs response to defendants' demands for medical records on April 29, 2016; 226) Received and reviewed third-party defendants Bryan C. Yen, M.D. and DRA Imaging PC's Notice for Discovery and Inspection on May 2, 2016; 227) Received and reviewed defendant Meera Lobo, M.D.'s Notice for Discovery and Inspection on May 16, 2016; 228) Prepared for and attended the deposition of third-party defendant, Brian Yen, M.D., on May 17, 2016; 229) Received and reviewed defendant Vassar Brothers Medical Center's Response to Demand for Discovery and Inspection by Defendants Imaging On Call and Dr. Clements-Northland on May 26, 2016; 230) Prepared for and attended a Compliance Conference before the Honorable Stanley Green on June 22, 2016; 231) Received and reviewed defendant Vassar Brothers Medical Center's Demand for Contracts on July 25, 2016; 232) Prepared for and attended a Compliance Conference before the Honorable Stanley Green on July 28, 2016; 233) Received and reviewed third party defendants Lynn Clements-Northland, M.D. and Imaging On Call's Response to Demand for Discovery and Inspection on August 1, 2016; 234) Received and reviewed defendant Vassar Brothers Medical Center's Post EBT Demand for Authorizations on August 8, 2016; 235) Received and reviewed defendants Jason Freidman, M.D. and Hudson Valley Emergency Medicine, PLLC's Post-EBT Demand for Authorizations on August 12, 2016; 20

31 236) Received and reviewed third-party defendants Bryan C. Yen, M.D. and DRA Imaging PC's Eighth Supplemental Request for Authorizations on August 15, 2016; 237) Received and reviewed third-party defendants Bryan C. Yen, M.D. and DRA Imaging PC's Notice for Discovery and Inspection on August 25, 2016; 238) Received and reviewed defendant Vassar Brothers Medical Center's Demand for Discovery and Inspection on August 26, 2016; 239) Received and reviewed defendants Jason Freidman, M.D. and Hudson Valley Emergency Medicine, PLLC's Notice for Discovery and Inspection on August 29, 2016; 240) Received and reviewed defendant Vassar Brothers Medical Center's Notice Pursuant to CPLR 3 l 16(a) as to Defendant/Third Party Plaintiff Vassar Brothers Medical Center by John Herder, dated August 29, 2016; 241) Received and reviewed defendants Jason Freidman, M.D. and Hudson Valley Emergency Medicine, PLLC's Notice for Discovery and Inspection on September 8, 2016; 242) Received and reviewed defendant Vassar Brothers Medical Center's Response to Notice for Discovery and Inspection by Defendants Jason Friedman, M.D. and Hudson Valley Emergency Medicine, PLLC on September 9, 2016; 243) Received and reviewed defendant Vassar Brothers Medical Center's Response to Notice for Discovery and Inspection by Third Party Defendants Bryan C. Yen, M.D. and DRA Imaging, PC on September 9, 2016; 244) Prepared for and attended a Compliance Conference before the Honorable Stanley Green on September 16, 2016; 245) Prepared, filed and served plaintiffs' Note of Issue on September 20, 2016; 246) Prepared, served and filed Stipulation to adjourn pre-trial conferences on November 10, ) Prepared for and attended a Compliance Conference before the Honorable Stanley Green on December 13, 2016; 21

32 248) Engaged in numerous settlement discussions with defendants on various dates; 249) Settled the causes of action against defendants Jason Friedman, M.D. and Hudson Valley Emergency Medicine, PLLC, prior to trial, for the sum of SIX HUNDRED THOUSAND DOLLARS ($600,000.00) through numerous settlement discussions with defense counsel on various dates; 250) Received and reviewed letter, dated December 22, 2016, confirming settlement in the amount of $600,000.00, as to defendant, Jason Friedman, M.D.; and 251) Prepared this Compromise Order. 6. The settlement proposed is in the best interests of the Estate. In this application, plaintiff seeks approval for the settlement, for leave to discontinue all other claims against all other defendants named in this action, for payment of legal fees and disbursements, and that the allocation and distribution of the balance of the settlement on behalf of the decedent's estate be referred to the Surrogate's Court. 7. That the allocation and distribution of the balance of the settlement proceeds in the sum of FOUR HUNDRED TWENTY NINE THOUSAND ONE HUNDRED SIXTY ONE DOLLARS AND NINETY EIGHT CENTS ($429,161.98), including reimbursement of funeral expenses and the statutory commissions of JOHNNY FLORES for his service as Administrator, and any other Estate expenses, be referred to the Surrogate's Court. 9. I have drafted all papers necessary to effect the settlement and compromise herein, and will do whatever else is necessary on behalf of the Estate to effect this settlement and compromise. 10. Decedent's cremation and funeral expenses were paid by JOHNNY FLORES, in the amount of THIRTEEN THOUSAND EIGHT HUNDRED AND NINETEEN DOLLARS ($13,819.00) (EXHIBIT 4). Plaintiff respectfully requests that reimbursement of decedent's funeral and burial bills be 22

33 referred to Surrogate's Court. Plaintiff further respectfully requests that his claim for statutory commissions for services as Administrator, be referred to the Surrogate's Court. 11. Annexed hereto is the letter from The Department of Social Services, dated December 28, 2016, indicating that there are no Medicaid or Public Assistance Liens in connection with this matter (EXHIBIT 5). There is also attached a letter dated July 8, 2015 from Medicare and indicating that there are no claims or liens related to this matter (EXHIBIT 6). 12. I am unaware of any liens, assignments or encumbrances. There have been no assignments of the proceeds of the settlement made on behalf of decedent's estate. 13. The disbursements total SIXTEEN THOUSAND SIX HUNDRED SEVENTY Two DOLLARS AND FIFTY THREE CENTS ($16,672.53) (Annexed hereto as EXHIBIT 3 is a schedule of disbursements). 14. The net settlement is $583, % of the first $250, is $75, % of the next $250, is $62, % of the remaining $83, is $16, The legal fee thus totals ONE HUNDRED FIFTY FOUR THOUSAND ONE HUNDRED SIXTY FIVE DOLLARS AND FORTY NINE CENTS ($154,165.49). Deducting from the total settlement of $600, the aforesaid legal fees of $154, and disbursements of $16,672.53, leaves a net of FOUR HUNDRED TWENTY NINE THOUSAND ONE HUNDRED SIXTY ONE DOLLARS AND NINETY EIGHT CENTS ($429,161.98) for allocation and distribution on behalf of the decedent's estate, including reimbursement of cremation and funeral expenses, the statutory commissions of JOHNNY FLORES for his service as Administrator and any other Estate expense, all to be referred to the Surrogate's Court. 15. I have not become concerned in this action at the request of the defendants or their attorneys or representatives, and no compensation has been or will be received by me from 23

34 defendant, JASON FRIEDMAN, M.D., his attorneys or representatives. Any compensation to be received by my law firm or me is to be paid out of the proceeds of the proposed settlement agreement and not otherwise. 16. No previous application for the relief requested herein has been made to any other court. WHEREFORE, your affirmant respectfully requests that the relief requested herein be granted, and for such other relief as this Court deems just. DATED: NEWYORK,NEWYORK JANUARY 6, 2017 CERTIFICATION PER NYCRR

35 Exhibit 1

36 Certificate# Surrogate's Court of the State of New York Dutchess County Certificate of Appointment of Administrator File #: IT IS HEREBY CERTIFIED that 'Letters in the estate of the Qecedent named below have been granted by this court, as follows: Name of Decedent: Domicile: Fiduciary Appointed; Mailing Address: Melissa F!ores Town Of Poughkeepsie Johnny Flores 24 Hawthorne Lane, _ Poughkeepsie NY Date ot.dealh: March 9, 2010 "t Type of Letters Issued: LETTERS OF LIMITED ADMINISTRATION Letters Issued On: May 11, 2010 Umitations: THE FIDUCIARY IS RESTRAINED FROM COLLECTING ANY ASSETS OF THE DECEDENT UNTIL FURTHER ORDER OF THIS COURT. and such Letters are unrevoked and in full force as of this date, Dated: February 6, 2012 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Dutchess County Surrogate's Court at Poughkeepsie, New York. WITNESS, Hon. James D Pagones, Judge of the Dutchess County Surrogate's Court. Erica S. DeTraglia, Esq, Chief Clerk Dutchess County Surrogate's Court This Certificate is Not Valid Without the Raised Seal of the Dutchess County Surrogate's Court

37 Exhibit 2

38 LAW OFFICES SCHIAVETTI, CORGAN, D1EDWARDS, WEINBERG & NICHOLSON, LLP EIGHTH A VENUE 14TH FLOOR.. - NEWYORK, NE~ YO~K ~9~}8.. _. -._..., _, \ :- :... : 1 ~ : (212)541:: : :.. '' <-...,,.-.,,,' : :,.:." -::,..,. "': ,...,.. FAX (212) ~...'.._,. ~,,, ;..,.,:., :-.,..'"'-.: ~:.. ~:., : ' :,_,,.. : : _ ' I J.,, ' i 1.,. l ',, r c - r., "\'.A ".,, \...,i '_..,~. - ERIC.R. MISHARA..,, Partner. ''.':. White Plains Office:.,..,. 709 WESTCHESTER A VENUE Ste. 205 December WH~~~ P~~I;t;Jp, N:?t ~-'?'?~ 4 -.,._.: _ ' p : (91.4') 94p ~ -...., ,.. \ ' ~. Ressler & Ressler 48 Wall Street, #26 New York, NY Attn: Bruce Ressler Dear Mr~ Ressler: Re: Flores v. Jason Friedman, M.D., Hudson Valley Emergency Medicine, PLLC, et al Index No,:.21589/2012E Our File No.: MLM-SY This letter will confirm that you have negotiated a settlement in the amount of $600,000 with Cindy Branch at MLMIC. Please provide a stipulation of discontinuance with prejudice as to Dr. Friedman and Hudson Valley Emergency Medicine, PLLC, a general release as to Dr. Friedman and Medical Liability Mutual Insurance. Company, and a standard hold harmless agreement (if you wish I will prepare it);, As we discussed, Ms. Branch indicated to me that she needs a lien letter with the closing papers. You have expressed to me that it is your understanding that Ms. Flores has no outstanding liens. I respectfully suggest that you clearly convey this in a cover letter with the closing papers which I will forward to Ms. Branch. Your explanation that the settlement will go through an approval process at both the Supreme Court and the Surrogate's Court, is so noted. Thank you for your courtesy in this matter. Very truly yours, AN, DiEDWA!lpS NICHOLSON, LLP

39 Exhibit 3

40 FLORES DISBURSEMENTS Amount Expense Type $6.00 Copy of Ltrs of Admin. $ Index Number $6.00 Certified Copy of Ltrs of Admin $ Service S/C $95.00 RJI $2.25 Doctor's Records $1.50 Doctor's Records $21.20 Doctor's Records $17.25 Doctor's Records $ Doctor's Records $96.25 Def Dr. Lobo's Records $ Yale New Haven Hospital Record $51.85 St. Francis Hospital Record $ Westchester Med Ctr Record $9,8.25 Cardiology Consultants Record $81.75 Westchester Med Ctr Record $ Service A/S/C $ Yale New Haven Hospital Record $12.00 Doctor's Records $8.27 Mt. Kisco Med Group Record $1.41 Mt. Kisco Med Group Record $75.00 Doctor's Records $ Yale New Haven Hospital Record $9.00 Court Service $23.25 Travel to Conference $35.38 Travel to Conference $30.43 Travel to Deposition $65.36 Federal Express $43.95 Travel to Conference $ Depositions $8, Defendants' Depositions $95.00 Note of Issue & Jury $4, Expert $44.34 Federal Express $9.00 Court Service $45.00 Supreme Crt-Compromise Order $1, Surrogate's Crt-Compromise Order $16,672.53

41 Exhibit 4

42 TIMOTa.Y P. poyle FUNERA~ HOME, Inc. 371 Hooker Avenue Poughkeepsie, New York (845) Number Date of Death ~ 7 /~/0 Place of Death V8n-1 ~.. l ITEMIZATION OF FUNERAL SERVICES A$ MERCHANDISE SELECTED 'fl The following are the charges for the services, merchandise, and livery you have selected. You willnot be charged for any item you do not choose unless it is necessary because of other selections you have made. Any such charges are explained below. I. FµNERAL HO~ CHARGES (Indicate N/ A for items of service 3JJd/or merchandise that are not provided.) A. Alternative Services 1. Direct Cremation $. /!f.. 2. Direct Burial $.. JIA. ~. B. Transfer of remains to the funeral estabjishment including J ~~en) personnel, equipment and vehicle $. C. Preparation of Remains 1. Embalming (including use of preparation room)..... $ ~(. ~.. If YOH select a funeral for which this finn requires embalming such as a funeral with viewing, you may have to pay for embalming. You do not have to pay for embalming you do _not approve if you select arrange.. ments such as direct cremation or direct burial. If we charge for~~balming, we will explain why below. 2.. Other Preparation (including use of preparation room but excluding embalming) ~. Io. f. $,. JV/I a., op1ca 1s1n ecuon......,.,. b. Custodial Care, ~ $. ~ ~. 7. s» ~ ;). c. Dressing/Casketing :~ ~::;.. $. $.!.t:f'.... d. Cosmetology ). :< $ 7. ~'.Q. P... (t.i' e. Restoration \' s ~:?.,_ $.,P.ff.. f. Other (specify) ~ ~--- ;;~ $.. /!! H,. D. Arrangements "'\...,, Basic arrangements: including funeral director, other staff, equipment and facilities to respond to initial request for service, the arrangement conference, securing of necessary authorizations and coordination of service plans with par-, ties involved in the final disposition of the deceased. $ /~ 7.~:,(!/J E. Supervision (funeral director and staff).,,, 1. Supervislonfor visitation "/..@...,~ $ 5..'!..~. 2.. Supervision for funeral service,. -:. $ :t.pt?. ~ ~. 3. Other supervision (specify) $. :Jf k AP.lt7 f, F. Use of the facilities..&. 1. ~... /t{t;? 9<> $?e;~.~ 1. U se o fth e 1ac1 iues 1or visuanon """": '. :-. 2. Use of facilities for funeral service $.. ~ tOther use of facilities (specify) $.. N. /t:.. G. Livery 1. a. Hearse or $ #.~. b. Alternative vehicle $./. 7.~.9~ {Specify type: L f:fr 'r.- t-:) C.~ ) 2. Flower vehicle $ ;:1,!4. 3. Limousine(s) $.. P..4.. (Specify $ /limousine) 4. Passenger car(s) $... P...fr (Specify /car) H. Merchandise 1. Casket or alternative container $/ '!.1.f~.. <!. ( a. Supplier /?1~ fo c (,/5 b. Modei name or number~ft'~ B,. /'<' C. Material: Species of wood.;;,;,dv ti-,t:... or kind of metab~ weight or gauge 3 CJ or alternative container.(describe).. 2. Outer Interment Receptacle $ / ( t!,,:(!.'.~ ~ a.supplier ~aa c.c...,.. b. Model name or number 1).1! I ol 1 c. Material t1.brvct1b: ~ I. Additional Services and Merchandise Selected (Describe and show price) f 1. Memorial cants.3. ~ (/"-!!!).... $ ~ S!. ~O. 2. Acknowledgement Cards $.. A./!+. 3. Casket Plate $ i-1.'?:. 4. Crucifix/Cross $ fv.t. 5. Hairdressing $ _µ,_{!c:. 6. Flowers $.. V.fr.. 7. Clothing or BurialGarments $. ~~ 1 8. RegisterBooki"~.~.tf.f.':.7.t::~.. ~!r! $1..1~.~. 9: DeathNotices.l. r,~. ~~':<.~~ $ 1.7."f.~~.( 10.. =.. i.t:>ttyy ~r:-.~,.~ s ,. s....n ff. 12.,, $. /tp."... J. Limited Services _ 1. Forwarding remains to _ 2. Receivingremains from, _ TOTAL OF FUNERAL HOME CHARGES $...!.Vt... $... p(jj... $ 62Kt!JJ{

43 II.CASH AD VAN CES Th ese are estim ated charg es for items to be paid to others. We will charge you no more for these items than is actually paid the third parties. (Describe and show estimated charges.) /.-_. r;/ A/A- l. Cemetery or Crematory r.p.1!'!!.. y $ ClergyHonoraria ~~.'.( $.. #.f::. 3. Death Certificate Transcripts ~!f?... f<?. $/:>.--r;?.~.~.. 4. Livery ~ $.: ~t/!. 5. Pallbearers $ #If 6. Public Transportation $.../!.f::. 7. Gratuities $.. -~~... }V/J, 8. Bridge & Road To]ls $. 9. Telephone & Telegraph Charges $ fi!'./(j: $..P..fi.: , $..V..~. ESTIMATEDTOTALoFcAsHADvAN~ $ oo.o 0 - '-ID. SUMMARY OF CHARO~ 1. Funeral Home Charges $.(). J.~. ~ ('.V 2. Cash Advances $...!f.d;.. ~c) $ b ~~CJ. OU TOTAL FUNERAL CHARGES.IV. EXPLANATION OF CHARGES 1 :. Explain charges for embalming and for any items that are not required by law but may be necessary because of cemetery requirements, crematory requirements or other selections made. Combined charge for Facilities and Staff for visitation is..... $. /..W: ~.~ Combined charge for Facilities and Staff for funeral service is... $. &:Ch!.~. ~i? Combined charge for other Facilities and Staff (specify)..... $... /..Jt.t... s,n,ture oflitlnsed Funeral Director, It..!!" e-ol L- rr-;.,c.i., ~rin:iortyped Name of Funeral Director ACKNOWLEDGEMENT OF RECEIPT I have recelve1 this itemi~tiotof ft,'/11 services and merchandise selected. t /<Ul/r t1 'fl l/ ~ L '-\ \\O,h. s /V:1..,.J/ t> Signa t V ' Date PUBLIC NOTICE The New York State Department of Health is responsible for Jicensing and regu Jating New York State funeral directing under the Public Health Law. You may contact the Department at:.., Bureau of Funeral Directing, New York State Department of HeaJth Hedley Park, 6th FJoor,433 River Street, Troy, New York BXCLUSJON OF WARRANTY. The only warranties, express or implied, granted in connection with the goods sold with this funeral service are the express written warranties, if any, extended by the manufacturers thereof. No other warranties and no warranties or merchantability or fitness tor a particular purpose are extended J:>y the-funeral director. STATEMENT OF GOODS AND SERVICES SELECTED,l';Jvo,cE ro -1 fl. A,.; v y r ~c,,;e l!f <;_ ::;?.if /IA-t.lg'-a if.,j...~e The undersigned hereby authorizes the above funeral establishment or its re~jatives to obtain custody of the remains of I r /'},?e-~'ss-a- &'4:1,e_e~ The undersigned hereby authorizes the above funeral establishment or its representatives ~ embalm D not to embalm the remains of J?1~~1f'S'A- r~p4!;s Wtial and State your relation to deceased U,t/u.sQA-s<v n Other Authorization by _ "Charges are only for those items that are used. If we are required by law to use any items, we will explain the reasons in writing below." TOTALFUNE RALCHARGES $ ~&30P01 Date Y.. fl.~/.~. The foregoing statement has been read by (to) me and I hereby acknowledge receipt of a copy of same and agree to pay the above funeral account and for such additional services and materials as are ordered by me, on 01 before o/,1/,,?:-~(.~ In the event that this account is not paid in accordance with the terms of this agreement, the undersigned hereby agrees to pay any and all costs and attorney's fees incurred in connection with the collection of this account. Prior to the discussion of these funeral arrangements, I was presented with a copy of this funeral firm's "General Price List" for which I hereby acknowledge receipt, and have had an opportunity to review the finn 's Casket Price List and Outer Intennent Receptacle Price List. ~ ~ ;,.d,i~ If bill remains unpaid beyond 2o/O a late~arge of~% per month (annual rate --1.l! %) may be added to the unpaid portion of the balance due. The liability hereby aslum~- is in additionao, 1{ ility imposed by law upon the estate and other/,(jdtall n~t pnstitufe a le e thereof. Signature V.. '.. f k{[i, 'f...(. {......~~..,., Relation to Deceased ~ S.~3.,f(~ J>.. Signature,. Relation to Deceased '/.. J 1.. f By ~<;; S:--P. J..G. ~.'! :CT ka. Print Name of Licensed Funeral Director ADDITIONS OR ALTERATIONS OF SERVICES AND MERCHANDISE SELECTED. The following changes represent items of service and/or merchandise ordered or altered subsequent to the original funeral agreement. AUTIIORIZATION ~11'-~/-r - / I OQ. OD. i ~..... $ :. Ti tal ~tslto ~~~~~ ~~~ ~ ~ - _~_. _ U OTA $ _ $.... ff~~o(j BALANCE DUE $~ ~ (7l)