FILED: NEW YORK COUNTY CLERK 07/12/ :28 PM INDEX NO /2014 NYSCEF DOC. NO. 203 RECEIVED NYSCEF: 07/12/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X â â â â â â â â â â â â â â â â NORTHWELL HEALTH, INC. f/k/a NORTH Index No.: /2014 SHORE - LONG ISLAND JEWISH HEALTH SYSTEM, INC. AND LENOX HILL HOSPITAL, Plaintiffs, NOTICE OF APPEAL X Defendant. X Plaintiff, ST. FRANCIS HOSPITAL, and STEPHEN G. SILVER, M.D., Defendants X PLEASE TAKE NOTICE that Appellant/ Plaintiff, hereby appeals to the Appellate Division of the Supreme Court of the State of New York, First Judicial Department, from the Decision and Order of the Hon. Nancy Bannon, J.S.C. in the above-entitled action of the Supreme Court, New York County, dated June 13, 2018 and entered in the Office of the Clerk of said Court on the 25th day of June, 2018 and appeal is taken from each and every part of said Order. Dated: Ronkonkoma New York July $2018 CAMPOLO, MIDDLETON MCCORMIC LLP P rick ccormick, Esq. Attorneys for Appellant/ Plaintiff 4175 Veterans Memorial Highway, Suite 400 Ronkonkoma, New York (631) [ / /1] 1 1 of 7

2 TO: Thomas C. Lambert, Esq. Lambert & Shackman, PLLC 274 Madison Avenue New York, New York Attorneys for Plaintiffs Thomas S. D'Antonio, Esq. Ward Greenberg Heller & Reidy LLP 1800 Bausch & Lomb Place Rochester, New York Attorneys for Respondent/ Defendant St. Francis Hospital Mark M. Altschul, Esq. Altschul & Altschul 18 East 12th Street New York, New York Attorneys for Respondent/ Defendant Steven G. Silver, M.D. [ / /1] 2 2 of 7

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X NORTHWELL HEALTH, INC. f/k/a NORTH SHORE Index No.: / LONG ISLAND JEWISH HEALTH SYSTEM, INC. AND LENOX HILL HOSPITAL, Plaintiffs, PRE-ARGUMENT STATEMENT Defendant X â Plaintiff, ST. FRANCIS HOSPITAL, and STEPHEN G. SILVER, M.D., X Defendants. Defendant/ Plaintiff/Appellant, submits this PRE-ARGUMENT STATEMENT pursuant to Section of the Rules of the Appellate Division of the Supreme Court of the State of New York, First Judicial Department. 1. Title of Action: The title of the proceeding is as set forth in the caption above. 2. There has been no change in the title of the action. 3. Counsel for Appellant: Counsel for Appellant/ Plaintiff, W. NORMAN SCOTT, M.D., is Campolo, Middleton & McCormick, LLP, 4175 Veterans Memorial Highway, Suite 400, Ronkonkoma, New York 11779, telephone (631) [ / /1] 1 3 of 7

4 4. Counsel for Respondents: Counsel for Respondent/ Defendant, ST. FRANCIS HOSPITAL, is Ward Greenberg Heller & Reidy LLP, 1800 Bausch & Lomb Place, Rochester, New York 14604, telephone (585) Counsel for Respondent: Counsel for Respondent/ Plaintiff, STEVEN G. SILVER, M.D., is Altschul & Altschul, 18 East 12th Street, New York, New York 10003, telephone (212) Counsel for Plaintiffs: Counsel for Plaintiffs, NORTHWELL HEALTH, INC. f/k/a NORTH SHORE - LONG ISLAND JEWISH HEALTH SYSTEM, INC. and LENOX HILL HOSPITAL, is Lambert & Shackman, PLLC, 274 Madison Avenue, New York, New York , telephone (212) Court and County from Which Appeal is Taken and Order Appealed from: This Appeal is taken from a Decision and Order of the Supreme Court of the State of New York, New York County, IAS Part 42 (Hon. Nancy Bannon), dated June 13, 2018 and entered into the office of the Clerk of the County of New York on the 25th day of June, A copy of the Decision and Order is annexed hereto as Exhibit "A". 8. Nature of the Action: This is an action to recover damages for breach of commercial lease, to recover use and occupancy referable to a period of time after the expiration of the lease, and to recover for technical and medical services provided. 9. Result Reached Below: Upon reviewing the merits of Appellant/ Plaintiff's Motion to Reargue, the Trial Court denied Appellant/ Plaintiff's motion to reargue the motion of Respondent/ Defendant, Steven G. Silver M.D., to dismiss the Complaint; to reargue the motion of Respondent/ Defendant, St. Francis [ / /1] 2 4 of 7

5 Hospital, and it's motion to sever the Action; and, it's motion to permit Appellant/ Plaintiff to amend the Complaint. 10. Grounds for Reversal: The Trial Court erred by denying Appellant/ Plaintiff's motion to reargue and to amend the Complaint because the Trial Court overlooked relevant material facts, misapplied the relevant law, and improperly granted Third- Party Defendant Dr. Silver's motion to dismiss and St. Francis' motion to sever. 11. Related Actions or Appeals: There are no related actions or proceedings or additional appeals currently pending in a court of this, or any other jurisdiction Dated: Ronkonkoma New York July g, 2018 CAMPOLO, MIDDLETON & MCCORMICK, LLP / ' Patpdk McCormick, Esq. Attorneys for Appellant Plaintiff 4175 Veterans Memorial Highway, Suite 400 Ronkonkoma, New York (631) TO: Thomas C. Lambert, Esq. Lambert & Shackman, PLLC 274 Madison Avenue New York, New York Attorneys for Plaintiffs Thomas S. D'Antonio, Esq. Ward Greenberg Heller & Reidy LLP 1800 Bausch & Lomb Place Rochester, New York Attorneys for Defendant St. Francis Hospital Mark M. Altschul, Esq. Altschul & Altschul 18 East 12th Street New York, New York Attorneys for Defendant Steven G. Silver, M D. [ / /1] 3 5 of 7

6 FILED: NEW YORK COUNTY CLERK 06/25/ : 11 INDEX NO /2014 Pl NYSCEF DOC. NO. 201 RECEIVED NYSCEF: 06/25/2018 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: Hon. Nancy Bannon PART 42 Justice NORTHWELL HEALTH, INC., f/k/a NORTH INDEX NO /2014 SHORE-LONG ISLAND JEWISH HEALTH SYSTEM, INC., and LENOX HILL HOSPITAL - v - MOTION DATE 02/13/2018 W. NORMAN SCOTT, M.D. MOTION SEQ. NO. _0.1 ~0 W. NORMAN SCOTT, M.D. - v - ST. FRANCIS HOSPITAL and STEPHEN G. SILVER, M.D. The following papers were read on this motion for leave to reargue and to amend the third-party complaint. Notice of Motion/ Order to Show Cause - Affirmation - Affidavit(s) - Exhibits - Memorandum of Law No(s). 1 uj - - Answering Affirmation(s) Affldavit(s) Exhibits No(s). 2 Z O Replying Affirmation - - Affidavit(s) Exhibits No(s). 3 co In this action to recover damages for breach of a commercial lease, to recover use and occupancy referable to a period of time after the expiration of the lease, and in quantum meruit to Q I recover for technical and medical services provided, the defendant third-party plaintiff W. Norman 9- Q Scott, M.D., moves pursuant to CPLR (d) for leave to reargue (1) the motion of the third-party iu g O defendant Stephen G. Silver, M.D., to dismiss the third-party complaint and (2) the motion of the third u u party defendant St. Francis Hospital to sever the third-party action, which were granted by order dated Z November 3, Scott also moves pursuant to CPLR 3025(b) for leave to amend the third-party ~ O complaint. p The motion for leave to reargue is denied, inasmuch as the court did not overlook or misapprehend any facts or relevant law that were presented to it in connection with the prior motions. Sgg CPLR 2221(d)(2); William P. Pahl Equip.. Corp.. v Kassis, 182 AD2d 22 (1" Dept 1992). The uj a purpose of a motion to reargue is not "to serve as a vehicle to permit the unsuccessful party to argue uj decided." once again the very questions previously Pro Brokerage, Inc. v Home Ins. Co., 99 AD2d 971, (1" 971 Dept. (1S 1984), quoting Foley v Roche, 68 AD2d S58, 567 Dept. 1979). Accordingly, the Z O branch of Scott's motion seeking leave to reargue is denied. As Scott's third-party complaint has been dismissed as against Silver, and severed as against St. Francis Hospital, no third-party complaint remains in this action, (see Kazakhstan Inv. Fund v Manolovici, 2 Page 1 of 2 1 of 2 6 of 7

7 INDEX NO /2014 FILED: NEW YORK COUNTY CLERK 06/25/ :11 PM NYSCEF DOC. NO. 201 RECEIVED NYSCEF: 06/25/2018 [1S AD3d 248 Dept. 2003]), and Scott's motion to amend the same is denied as moot. Accordingly, it is ORDERED that the defendant third-party plaintiff's motion for leave to reargue and to amend the third-party complaint is denied in its entirety. This constitutes the Decision and Order of the court. Dated: June 13, 2018, JSC HON. AN M. BANNON 1. Check one:...u E3 CASE DISPOSED ~ NON-FINAL DISPOSITION 2. Check as appropriate: MOTION IS: GRANTED ~ DENIED GRANTED IN PART U OTHER Page 2 of 2 2 of 2 7 of 7