FILED: NEW YORK COUNTY CLERK 02/10/ :18 PM INDEX NO /2015 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/10/2017. Exhibit D

Transcription

1 Exhibit D

2 MARTIN CLEARWATER & BELL i-i-p COUNSELORS AT LAW Partner 220 EAST 42ND STREET, NEW YORK, NY S842 TELEPHONE (.212) FACSIMILE (212) DIRECT DIAL: (212) January 29, 2016 William Schwitzer & Associates, P.C. 112 Madison Avenue, 10* Floor Attn: Ms. Josie Delgado Re: Paredes v. Badani, et al MCBFileNo.: Dear Ms. Delgado: As previously discussed with both you and Mr. Lindenbaum, this office is representing the interests of the New York and Presbyterian Hospital s/h/a the Allen Hospital, Dr. Peter Stahl, Dr. Benjamin Spencer, Dr. Guarionex Decastro, M.D. s/h/a Joel Decastro, M.D., and Dr. Ketan Badani, in regardl to the abovereferenced matter. We had served an Answer & Discovery Demands, including a Demand for a Bill of Particulars for the named defendants, except for Columbia Doctors, which will be addressed below, on September 10, 2015, September 14, 2015, and December 9, Please accept this as a good faith letter in regard to the outstanding discovery, including the long overdue Bills of Particulars, Your attention is greatly appreciated. Further, on each date, we had also foiwarded you a Stipulation of Discontinuance as to Columbia Doctors, which is not a legal entity, has no insurance coverage, and as such, we did not and will not be serving an Answer on its behalf Mr. Lindenbaum had indicated that he would execute the Stipulation, but to date, he has failed to. As such, I have enclosed another one for execution. Kindly execute and return to me in the enclosed self-addressed stamped envelope. Please do not hesitate to call with any questions or concerns regarding the enclosed. Very truly yours, TINGHEARWATER & BELL LLP Michel I. Madden Enclosure^ESTCHESTER COUNTY OFFICE NASSAU COUNTY OFFICE NEW JERSEY OFFICE _1 245 MAIN STREET 90 MERRICK AVENUE - SUITE 40 I WHITE PLAINS, NY EAST MEADOW. NY TELEPHONE (914) TELEPHONE (516) 222-B500 FACSIMILE (914) FACSIMILE (SI 6) BROAD STREET NEWARK, NJ TELEPHONE (973) 73S-OS7a FACSIMILE (973)

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK,.X CARLOS PAREDES, -against- Plaintiff, KETAN BADANI, M.D., BENJAMIN SPENCER, M.D., JOEL DeCASTRO, M.D., PETER STAHL, M.D., COLUMBIA DOCTORS and THE ALLEN HOSPITAL, Defendants. X STIPULATION OF DISCONTINUANCE WITH PREJUDICE AS TO COLUMBIA DOCTORS, ONLY Index No.: /2015 I I IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned. the attorneys of record for the parties to the above entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above entitled action is hereby discontinued with prejudice as to defendant COLUMBIA DOCTORS, only, without costs to any party as against the other. IT IS HEREBY FURTHER STIPULATED AND AGREED, by and between the undersigned, that this Stipulation may be fded without fiirther notice with the Clerk of the Court. Dated: New York, New York January 29,2016 WILLIAM SCHWITZER & ASSOCIATES, P.C. Herbert Lindenbaum, Esq. Attorneys for Plaintiff 112 Madison Avenue - 10th Floor (212) MARTIN CLEARWATER & BELL LLP Mil. Madden, Esq. Attorneys for Defendant COLUMBIA DOCTORS 220 East 42nd Street New York, New York ^1

4 MARTIN CLEARWATER & BELL U1,P COUNSELORS AT LAW Partner DIRECTDIAL: (212) EAST 42ND STREET, NEW YORK, NY TELEPHONE (.2 1 2) FACSIMILE (2 12; March 22, 2016 William Schwitzer & Associates, P.C. 112 Madison Avenue, 10 ' Floor t Attn: Ms. Josie Delgado Dear Ms. Delgado: Re: Paredes v. Badani, et al MCB File No.: As previously discussed with both you and Mr. Lindenbaum, this offiee is representing the interests of the New York and Presbyterian Hospital s/h/a the Allen Hospital, Dr. Peter Stahl, Dr. Benjamin Spencer, Dr. Guarionex DeCastro, M.D. s/h/a Joel Decastro, M.D., and Dr. Ketan Badani, in regard to the above-referenced matter. Upon a review of the file, it has come to our attention that despite our prior diseussions and correspondences, we have still yet to receive the Stipulation of Discontinuance as to Columbia Doctors. As you should recall, Columbia Doctors is not a legal entity and there is no insurance coverage for this non legal entity, and as such, we will not be serving an Answer on its behalf, but had previously enclosed a Stipulation of Discontinuance on its behalf I have enclosed yet another one for execution by Mr. Lindenbaum, and forwarding of it back to me for filing with the clerk s office. Further, we had served Answers and Discovery Demands on behalf of all the named defendants, with the exception of Columbia Doctors, and have yet to receive a single response to our Demands nor any Bills of Particulars. As such, they are now well overdue. Kindly rectify at your earliest convenience. Please do not hesitate to call with any questions or concerns regarding the enclosed or above. Very truly yours. (Ri^ATER&BELL LLP Enclosure WESTCHESTER COUNTY OFFICE ^1 245 MAIN STREET WHITE PLAINS, NY TELEPHONE (914) FACSIMILE (914) idden NASSAU C FICE 90 MERRICK AVEN! SUITE 401 EAST MEADOW, NY I 1SS TELEPHONE (516) FACSIMILE (516) NEW JERSEY OFFICE 744 BROAD STREET NEWARK, NJ TELEPHONE (973) FACSIMILE (973)

5 i SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X CARLOS PAREDES, -against- Plaintiff, KETAN BADANI, M.D., BENJAMIN SPENCER, M,D., JOEL DeCASTRO, M.D., PETER STAHL, M,D., COLUMBIA DOCTORS and THE ALLEN HOSPITAL, Defendants. X STIPULATION OF DISCONTINUANCE WITH PREJUDICE AS TO COLUMBIA DOCTORS, ONLY Index No.: /2015 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above entitled action is hereby discontinued with prejudice as to defendant COLUMBIA DOCTORS, only, without costs to any party as against the other. IT IS HEREBY FURTHER STIPULATED AND AGREED, by and between the undersigned, that this Stipulation may be filed without further notice with the Clerk of the Court. Dated: New York, New York March 22, 2016 WILLIAM SCHWITZER & ASSOCIATES, P.C, Herbert Lindenbaum, Esq. Attorneys for Plaintiff 112 Madison Avenue -10th Floor (212) MARTIN CLEARWATER & BELL LLP, Esq. Attorneys for Defendant COLUMBIA DOCTORS 220 East 42nd Street New York, New York _!

6 Partner DIRECT DIAL: (212) June 27, 2016 Herbert Lindenbaum, Esq. William Schwitzer & Assoeiates, P.C. 112 Madison Avenue, 10* ^ Floor Dear Mr. Lindenbaum: Re: Paredes v. Badani. et al MCB File No.: As previously discussed with both you and Ms. Delgado, this office is representing the interests of the New York and Presbyterian Hospital s/h/a the Allen Hospital, Dr. Peter Stahl, Dr. Benjamin Spencer, Dr. Guarionex DeCastro, M.D. s/h/a Joel Decastro, M.D., and Dr. Ketan Badani, in regard to the above-referenced matter. Upon another review of the file, it has come to our attention that despite our prior discussions and correspondences, we have still yet to receive the Stipulation of Discontinuance as to Columbia Doctors. As you should recall and we discussed, Columbia Doctors is not a legal entity and there is no insurance coverage for this non legal entity, and as such, we will not be serving an Answer on its behalf, but had previously enclosed a Stipulation of Discontinuance on its behalf I have enclosed yet another one for execution and forwarding of it back to me for filing with the clerk s office. Further, we had served Answers and Discovery Demands on behalf of all the named defendants, with the exception of Columbia Doctors, and have yet to receive a single response to our Demands nor any Bills of Particulars. As such, they are now well overdue. Kindly accept this as our last good faith letter in that regard. I have also left numerous messages for you with no responses. Kindly contact me upon receipt of this correspondence to rectify the above and avoid unnecessary court intervention. Please do not hesitate to call with any questions or concerns regarding the enclosed or above. Very truly yours. MARTIN CLEARWATER & BELL LLP Enclosure MFM/Imt _1