FILED: KINGS COUNTY CLERK 12/15/ :52 AM INDEX NO /2014 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 12/15/2017

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1 FILED: KINGS COUNTY CLERK :52 AM INDEX NO NYSCEF DOC. NO. 56 RECEIVED NYSCEF:

2 FILED: KINGS COUNTY CLERK :52 AM INDEX TNDEX NO. No NYSCEF DOC. NO RECEIVED NYSCEF: RECEIVEEFutrue0f c f&kl3 2 Calendar No. (if any) NOTE OF ISSUE Index No SUPREME Court KINGS County, N.Y. Hon. ELLEN M. SPODEK DELPHIN LAKE, Individually, and as Name of Judge assigned Administrator of the Estate of JANICE LAKE, Deceased, Piaintifj, Plainttjf", ABIOLA FAMILUSI, M.D. and WOODMERE REHABILITATION AND HEALTH CARE NOTICE FOR TRIAL XXMTrial by jury demanded XXEOf all issues OOf issues specified below -againstor attached hereto OTrial without jury Filed by attorney PLAINTIFF Date summons served CENTER INC., Date service completed Date issue joined Defendant. NATURE OF ACTION OR SPECIAL PROCEEDING A Tort: 0 Motor vehicle negligence A Medical malpractice OOther Tort OContract OContested matrimonial OUncontested matrimonial OTax certiorari OCondemnation OOther (not itemized above) specify OThis action is brought as a class action OThis is a medical malpractice claim: panel procedures prescribed by court rules pursuant to Jud. l43-a. been completed have not been completed Amount demanded $ Amounts which exceed the jurisdictional limits ofall lower courts which would otherwise have jurisdiction herein. Other relief Insurance carrier(s), ifknown: Special preference claimed under APPLICABLE RULE on the ground that plaintiff sustained severe permanent personal injuries LEVINE & GROSSMAN Attorney Plaintiff 114 Old Country Road- Suite 460 Kaufman, Borgest & Ryan, LLP Mineola, NY Attorney Defendant Woodmere Rehabilitation Phone No: (516) and Health Care Center Inc. 200 Summit Lake Drive Koster, Brady inc & Nagler, LLP Vahalla, New York Attorneys Defendant Abiola Familusi, M.D One Whitehall Street New York, NY NOTE: Clerk will not accept this note unless accompanied by a certificate of readiness, or, in a medical malpractice action, unless, where applicable, the certificate of readiness previously had been filed and the panel procedures prescribed by court rules pursuant to section 148-a of the Judiciary Law have been completed. 1 of 4

3 FILED: KINGS COUNTY CLERK :52 AM INDEX NO NYSCEF DOC. NO. 56 ExECEIVED RECEIVED NT3CEE. NYSCEF: DB DhH W E WEM FM TEL (Items 1-7 must be checked) N.I. served For Clerk's Use on Completed Waived Not Required 1. All pleadings served X 2. Bill of particulars X 3. Physical examinations completed X 4. Medical reports exchanged X 5. Appraisal reports exchanged X 6. Compliance with the Rules in matrimonial actions (22 NYCRR ) X 7. Discovery proceedings now known to be necessary completed (defendants depositions are still outstanding and discovery arising from same) 8. There are no outstanding requests discovery. SEE ATTACHED ORDER 9. There has been a reasonable opportunity to complete the egoing proceedings. 10.There has been compliance with any order issued pursuant to the Precalendar Rules (22 NYCRR ). 1 1.If a medical malpractice action, there has been compliance with any der iss. d rs nt to 22 NYCRR I2.The case is ready trial. Date: December 13, 2017 <Scott D. Rubin, Esq. Attorney Plaintiff LEVINE & GROSSMAN 114 Old Road- Country Suite 460 Mineola, NY Phone No: (516) State State of New York, County of State of New York, County of ss.: ss.: SEE RIDER ANNEXED FOR AFFIDAVIT OF SERVICE being duly sworn, deposes and says; that deponent is not a party of the being duly sworn, deposes and says; that deponent is not a party of action, is over 18 years of age and resides at the action, is over 18 years of age and resides at That on the day of deponent served the within note of issue and certificate of That on the day of readiness on deponent served the within note of issue and certificate of readiness on attorney(s) herein, at his office at attorney(s) at during his absence from said office (a) by then and there leaving a true copy of the same with his clerk; partner; person having charge of said office. the address designated by said attorney(s) that purpose by (b) and said office being closed, be depositing a true copy of depositing a true copy of same enclosed in a postpaid properly same, enclosed in a sealed wrapper directed to said attorney(s), in the addressed wrapper, in -a â post office - official depository under the office letter drop box. exclusive care and custody of the United States Postal Service within New York State. Sworn to bee me on Sworn to bee me on Admission of Service Due service of a note of issue and certificate of readiness, of which the within is a copy, admitted, 2 of 4

4 FILED: KINGS COUNTY CLERK :52 AM INDEX NO ,, INDEX NO ~' 3 1 F DOC. NO. 41 RECEIVED NYSCEF: NYSCEF DOC. NO. 56 RECEIVED NYSCEF: !, ) 1 at 360 Adams Street,l3rooklyn, NY, on the ~<'6f ) ~Q ~ : (! L C+ 'i i, day of i,, 20 ( i i X â â â â â â â â â â â â â â â â â â â â â â â â â â â â - â â â X of5trcd-dr Of és¼dt ~~-g-'- -.(+l. Plaintiff(s) Ab o\a Fom t Uti Nib 5e Defendant(s) µ )n so 3!do n~tr tl"'t ekege.hgb f Af n t! l tent»~ Eh(!3~ QJQ p p ( g i'i+4(~~4+4 "3 I (} I l A(( 'rtcd!use!t ;;~~n'~"-x+ At a Note of Issue Final Conference Part of the Supreme Court of the State of New York, P R E S E,1[T: held in and the County of Kings, located JusticeJBW Dett*m n Lo&R, lrdiv iduc f ard á5 o+ Bane 0 q y FINAL PRE-NOTE ORDER - against - 1 '~. Index No. SOW ~~ -Il I t \ Plaintiff must file a Note of Issue on or bee Final itemization of Discovery to be completed: r e ( A ~t QrtQ l or Y7 5 to b 1A ero,8 k Ir.",i'rl'-! 15 1 I Q'D~g~j, ' Q ' -' +(~'~i j ) ) "~ l '~% ) (~ g '-') g 'Q â.' Ii!~ '1 r 6- ' ivc'm;h'lt,h"' -.." -." i ';-I-,P Sid 36+i. a&~ (,!)!7iV.» ~>k ~ ~ i. n(1 h.hn jx( ii,! 6 ', X ~VOfk" o~~eem '1!! ec 1 i~~ 7 i~, o ~J~ j b O %< D NG ~ ~ '-'i ~ '' 05), i\ah ~')+(, on 4 bedvcc.lll <. & l I C I r I 4" ~~ )' '=":-i.-" t. Q~~. Qe Z~Ci 0' )i I--=-' " ' ' <:~'> ~k of ~ ~~& ~ ' "~ r =irf ~+ 6 I I j k Q I ' PtL' Pk- ~'>i "~'! '-'-'''' m ~ ' ~ ~ 6(.' ~ i i')'fr j j~i 0 M ~ ~>6"rM - ~ "'''--4 <V-C- 6l!'~' &j< ' ~x 63 ~ 0:-,'W Ei'-4( ~ gl I'! ' I -, ia3i c.mt 4! T~.' '9 p3 --~ l!!! -t?ó 4' G, Cvtt'!h. C~<-(:,>.! f!;+a W ' '-,r:,i -('~i l~-' ) q l-4 ' '4-'-Q si S PA ~ftt,-t &S ('f 62nd + j c>~ ({.( < 'A +!"t!ts'i ( az t(w g. I<ice-l -"-=-I~r g;qq; 6!4cj i ) t' >" t t I, i 'l ~.'l'-i' <~~.'4~%'~ lp+i"t". "-: ~~ J! <iprl g'6 4 <883 c.,.j» qp't L.i )3( 4'7 '4 i iwd~) ~-l-c ~>( -~ca-!p 6 jq Ii! -'(i ', r)rti6' i'ot~' c'',o ttrol irxtt.-n -'<- ~»' <> t J' F 0 +( ' " ~A th F I"'~'4 ~ f k.~ ~ ~~ t' ~~ ~ ( ".( 't-fi~ 1r C~-- (''.s ~" " S.r, The terms of this order supercede the provisions of all prior orders. a g,! ' t I,'! i I ~ I i FAILURE TO STRICTLY COMPLY WITH THIS ORDER, WITHOUT LEAVE OF ÝHE COURT, WILL RESULT IN PRECLUSION, THE STRIKING OF A PLEADING ANDOR SANCTIONS AS MAY BE APPROPRIATE..!. J 4 (- Q vjka@4 J n y{ I L+6 L.+A ) imp vx ft E N T E R,, f jj 3 of 4

5 FILED: KINGS COUNTY CLERK :52 AM INDEX NO NYSCEF DOC. NO. 56 RECEIVED NYSCEF: NYSCEF DOC. NO. 41 RECEIVED NYSCEF: Index No SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS DELPHIN LAKE, Individually, and as Administrator of the Estate of JANICE LAKE, Deceased, -against- Plaintiff(s), ABIOLA FAMILUSI, M.D. and WOODMERE REHABILITATION AND HEALTH CARE CENTER INC., Defendant(s). NOTE OF ISSUE AND CERTIFICATE OF READINESS LEVINE & GROSSMAN Attorneys Plaintiff(s) 114 Old Country Road Mineola, New York (516) To: Service of a copy of the within is hereby admitted. Dated: PLEASE TAKE NOTICE That the within is a true copy of an entered in the office of the clerk of the within named Court on That an Order of which the within is a true copy will be presented settlement to the Hon., one of the judges of the within named Court, at, N.Y., on at 9:30 a.m. Dated: Mineola, NY LEVINE & GROSSMAN TO: Plaintiff(s) 114 Old Country Road Mineola, New York AttorneysDefendants 4 of 4