FILED: NEW YORK COUNTY CLERK 01/20/2016 01:48 PM INDE NO. 805174/2014 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/20/2016 Exhibit I
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 11/23/2015 SUPREME COURT STATE OF NEW YORK COUNTY OF NEW YORK x MELISSAH MILROY and MARK MILROY, Index No. 805174/14 -against- Plaintiffs, FRED CUSHNER, M.D., INSALL SCOTT KELLY INSTITUTE FOR ORTHOPAEDICS AND SPORTS MEDICINES, THE JOHN N. INSALL FOUNDATION FOR ORTHOPAEDICS, INC. and LENO HILL HOSPITAL, NOTE OF ISSUE Assigned Judge: Joan B. Lobis IAS, Part 6 Cal. No. Defendants. x NOTICE FOR TRIAL Trial by jury demanded Of all issues Of issues specified below Or attached hereto Trial without jury Filed by attorneys for Plaintiffs Date summons served 06/16/14 Date service completed 07/01/14 Date issue joined 08/15/14 NATURE OF ACTION OR SPECIAL PROCEEDING Tort Motor Vehicle Negligence Medical Malpractice Other (not itemized above specify) This action is brought as a class action Amount demanded exceeds the jurisdictional limits of all lower Courts, together with costs and disbursements Other relief Special preference claimed under on the grounds that
Insurance Carrier(s), if known: SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO P.C. Attorneys for Plaintiffs Office & P.O. Address 120 Broadway New York, New York 10271 (212) 732-9000 Note: Clerk will not accept this note of issue unless accompanied by a certificate of readiness. TO: AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant FRED CUSHNER, M.D. 600 Third Avenue New York, New York 10016 (212) 593-6700 File No. 239.124 GORDON & SILBER, P.C. Attorneys for Defendant LENO HILL HOSPITAL 355 Lexington Avenue New York, New York 10017-6603 (212) 834-0600 File No. 1237-019319 Note: Stipulation discontinuing action with prejudice as against Defendants INSALL SCOTT KELLY INSTITUTE FOR ORTHOPAEDICS AND SPORTS MEDICINES and THE JOHN N. INSALL FOUNDATION FOR ORTHOPAEDICS, INC. was filed with the Clerk of the Court.
CERTIFICATE OF READINESS FOR TRIAL (Items 1-7 must be checked) Completed Waived Not Required 1. All pleadings served 2. Bill of Particulars served 3. Physical examinations completed 4. Medical reports exchanged 5. Appraisal reports exchanged 6. Compliance with the Rules in matrimonial actions(22 NYCRR 202.16) 7. Discovery proceedings now known to be necessary completed 8. There are no outstanding requests for discovery. 9. There has been a reasonable opportunity to complete the foregoing proceedings. 10. There has been compliance with any order issued pursuant to the Precalendar Rules (22 NYCRR 202.12). 11. If a medical malpractice action, there has been compliance with any order issued pursuant to 22 NYCRR 202.56. 12. The case is ready for trial. Dated: New York, New York November 23, 2015 SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO P.C. By: Clifford Argintar Attorneys for Plaintiffs 120 Broadway New York, New York 10271 (212) 732-9000
SUPREME COURT STATE OF NEW YORK COUNTY OF NEW YORK MELISSAH MILROY and MARK MILROY, -against- Plaintiffs, FRED CUSHNER, M.D., INSALL SCOTT KELLY INSTITUTE FOR ORTHOPAEDICS AND SPORTS MEDICINES, THE JOHN N. INSALL FOUNDATION FOR ORTHOPAEDICS, INC. and LENO HILL HOSPITAL, Index No. 805174/14 AFFIRMATION Defendants. Clifford Argintar, an attorney duly admitted to practice law before the Courts of the State of New York, affirms the following under the penalties of perjury: 1. I am an associate of the firm of Sullivan Papain Block McGrath & Cannavo P.C., attorneys for the plaintiffs herein and, as such, I am fully familiar with the facts and circumstances of the within action. 2. This affirmation is submitted in connection with the filing of plaintiffs' Note of Issue and Certificate of Readiness for Trial. 3. All discovery and disclosure pursuant to the Court's Case Management Order of November 25, 2014 and pursuant to Orders issued thereafter at Compliance Conferences have been completed and exchanged. Accordingly, the plaintiffs may file their Note of Issue. A copy of the Status Conference Order dated August 25, 2015, directing the plaintiffs to file the Note of Issue by December 31, 2015, is annexed WHEREFORE, it is respectfully requested that the above matter be placed on the Trial Calendar. Dated: New York, New York November 23, 2015 Clifford Argintar
(FILED: NEW YORK COUNTY CLERK 01:_1/ b era NYSCEF DOC. NO. 22 mnpv un RO174/2014 RECEIVEDfrpte26/2015 SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK 0 (D INDE NO. SOS1114/100/e -against- Plaintiff(s), IAS P tp Go511 vig, m,p, ea,. at Defendant(s). E CONFERENCE "< ORDER rri 11 o On 41 V0a conference was held in this case. The parti s apr:rcj as follow Plgintiff(s) by CJI (e I Defendant(s) o by gerlizij 6ordon $.sope,v, P,Pristiru, Nash 1 Amil A The Court has determined that the Courts Case Management Order of JOI1A. 2-1,7, 206 has not been complied with in that Accordingly, it is ORDERED that Enter: Dated: g9a-,5/e5"-- TS 13t (rev 2/1193)
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AFFIDAVIT OF SERVICE STATE OF NEW YORK ) COUNTY OF NEW YORK) SS.: Maguy Martial, being duly sworn, deposes and says: I am not a party to this action. I am over 18 years of age. I have a business residence at 120 Broadway, New York, New York, 10271. On the 2 day of November 2015, I served the within NOTE OF ISSUE AND CERTIFICATE OF READINESS FOR TRIAL, ATTORNEY'S AFFIRMATION and STATUS CONFERENCE ORDER upon the following attorney(s) for the parties in this action, at the address(es) designated by said attorney(s) for that purpose, by depositing a true copy of same enclosed in a postpaid, properly addressed wrapper in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York: AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant FRED CUSHNER, M.D. 600 Third Avenue New York, New York 10016 GORDON & SILBER, P.C. Attorneys for Defendant LENO HILL HOSPITAL 355 Lexington Avenue New York, New York 10017-6603 Sworn to before me this Maguy Martial day of November, 2015 F.I.VARF:11.1M AMATO Notary 131.111n, Fttrtr.. of New York 1 hr. 01/W.w.:665;12 OuttraW lti thriiolltinyy Comrnlasion Expires April 30, 20 71,2,