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Bernadette Mitchell, Denise Mithchell As Executors Of The Estate Of Dennis Mitchell, Deceased v. Dewitt Rehabilitation And Nursing Center, Inc., D/B/A Upper East Siderehabilitation And Nursing Center, Cassena Care Llc D/B/A Upper East Siderehabilita…
On July 01, 2019 a torts - medical, dental, or podiatrist malpractice case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of New York County. Judge Martin Shulman presiding.
Case Details
Case Number
Filing Date
July 01, 2019
Last Refreshed
October 10, 2023
Filing Location
New York County, NY
Filing Court House
New York County Supreme Court
Category
Torts - Medical, Dental, or Podiatrist Malpractice
Practice Area
Torts
Matter Type
Malpractice
Overview
Causes of Action
1. MEDICAL MALPRACTICE
2.-WRONGFUL DEATH
5. - PUNITIVE DAMAGES
Parties
Plaintiffs
Bernadette Mitchell
Denise Mithchell As Executors Of The Estate Of Dennis Mitchell, Deceased
Attorneys for Plaintiffs
Kenny, Richard M.
Defendants
Cassena Care Ipa Llc D B A Upper East Side Rehabilitation And Nursing Center
Cassena Care Ipa Llc D B A Upper East Side Rehabilitation And Nursing Center
Cassena Care Management Services, Llc D B A Upper East Side Rehabilitation And Nursing Center
Cassena Care Management Services, Llc D B A Upper East Side Rehabilitation And Nursing Center
Daniel Klein Md
Dewitt Rehabilitation And Nursing Center, Inc., D B A Upper East Siderehabilitation And Nursing Center, Cassena Care Llc D B A Upper East Siderehabilitation And Nursing Center
Maria Diaz Md
Mary Molloy Rn
Nelleye Dankov Rn
The Mount Sinai Hospital
Attorneys for Defendants
Burnett, Lawrence Warner
(MCALOON & FRIEDMAN)
Dolgow, Michael Benjamin
(Kaufman Borgeest & Ryan LLP)
Gallagher, Cathy Ann
Goldstein, Lisa Beth
(MCALOON & FRIEDMAN, PC)
Greene, Shevonne Shanai
Green, Jeremy A.
Kelton, David G.
(MCALOON & FRIEDMAN, P.C.)
Lundman, Jennie Marie
Martin, Robert D
(Law oOffice of Michael C. Tromello)
Pannone, James Anthony
Permakoff, Patricia Elaine
Rosenthal, Clarke Elizabeth
Rubin, Jonathan David
(KAUFMAN BORGEEST & RYAN LLP)
Sheeley, Andrew Thomas
(Sheeley LLP)
Wang, Kevin Shi Yi
(McAloon & Friedman, P.C.)
Case Documents
ORDER - (PROPOSED) SUBMIT ORDER PER JUDGES DECISION (Motion 002)
Date: Mar 16, 2020
DECISION ORDER ON MOTION (Motion 001)
Date: Mar 10, 2020
DECISION ORDER ON MOTION (Motion 002)
Date: Mar 10, 2020
DECISION ORDER ON MOTION (Motion 003)
Date: Mar 10, 2020
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion 003)
Date: Jan 29, 2020
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion 002)
Date: Jan 29, 2020
DEMAND FOR:
Date: Jan 29, 2020
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion 003)
Date: Jan 27, 2020
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion 003)
Date: Jan 24, 2020
ANSWER
Date: Jan 15, 2020
NOTICE OF MOTION (Motion 003)
Date: Jan 09, 2020
AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion 003)
Date: Jan 09, 2020
ANSWER
Date: Jan 09, 2020
ANSWER
Date: Jan 07, 2020
ANSWER
Date: Jan 06, 2020
ANSWER
Date: Dec 23, 2019
ANSWER
Date: Dec 23, 2019
COMPLAINT (AMENDED)
Date: Dec 19, 2019
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion 002)
Date: Dec 17, 2019
ANSWER
Date: Dec 10, 2019
NOTICE OF MOTION (Motion 002)
Date: Dec 10, 2019
AFFIDAVIT OR AFFIRMATION IN REPLY (Motion 001)
Date: Dec 09, 2019
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO CROSS-MOTION (Motion 001)
Date: Dec 05, 2019
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion 001)
Date: Nov 27, 2019
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion 001)
Date: Nov 20, 2019
DEMAND FOR:
Date: Nov 08, 2019
ANSWER
Date: Nov 08, 2019
STIPULATION - ADJOURNMENT OF MOTION - BEFORE JUDGE (Motion 001)
Date: Oct 09, 2019
STIPULATION - ADJOURNMENT OF MOTION - BEFORE JUDGE (Motion 001)
Date: Oct 09, 2019
STIPULATION - ADJOURNMENT OF MOTION - BEFORE JUDGE (Motion 001)
Date: Oct 09, 2019
ANSWER (AMENDED)
Date: Oct 07, 2019
ANSWER
Date: Oct 03, 2019
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion 001)
Date: Oct 03, 2019
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion 001)
Date: Sep 24, 2019
NOTICE OF MOTION (Motion 001)
Date: Sep 12, 2019
AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion 001)
Date: Sep 12, 2019
RJI -RE: NOTICE OF MOTION (Motion 001)
Date: Sep 12, 2019
DEMAND FOR BILL OF PARTICULARS
Date: Sep 05, 2019
ANSWER
Date: Sep 05, 2019
ANSWER
Date: Sep 03, 2019
ANSWER
Date: Aug 30, 2019
ANSWER
Date: Aug 30, 2019
DEMAND FOR BILL OF PARTICULARS
Date: Aug 27, 2019
DEMAND FOR:
Date: Aug 27, 2019
ANSWER
Date: Aug 27, 2019
ANSWER
Date: Aug 19, 2019
ANSWER WITH CROSS-CLAIM(S)
Date: Aug 16, 2019
STIPULATION - TIME TO ANSWER
Date: Aug 05, 2019
COMPLAINT
Date: Jul 01, 2019Case Events
| Date | Type | Description | |
|---|---|---|---|
| August 18, 2020 | hearing |
ADJOURNED WITHOUT A DATE REMOTE CONFERENCE PART 9:30 TELEPHONE CONFERENCE 
Judge:
SHULMAN, MARTIN
|
|
| July 14, 2020 | hearing |
ADJOURNED REMOTE CONFERENCE PART 2:00 TELEPHONE CONFERENCE
Judge:
SHULMAN, MARTIN
|
|
| June 17, 2020 | hearing |
PRELIM CONFERENCE ADJOURNED REMOTE CONFERENCE PART REMOTE CONFERENCE
Judge:
SHULMAN, MARTIN
|
|
| March 24, 2020 | hearing |
ADJOURNED WITHOUT A DATE 1 MED MAL SETTLEMENT PROGRAM
Judge:
SHULMAN, MARTIN
|
|
| March 20, 2020 | Docket Event | URGENT - COURT APPEARANCE UPDATE | |
| March 16, 2020 | Docket Event |
ORDER - (PROPOSED) "SUBMIT ORDER" PER JUDGES DECISION (Motion #002) Order - Justice Schulman's Decision of 3-9-20 |
|
| March 16, 2020 | Docket Event |
NOTICE OF ENTRY (Motion #002) Notice of Entry as per Order of Justice Schulman |
|
| March 12, 2020 | Docket Event |
NOTICE OF ENTRY Def's Decision and Order with Notice of Entry 3.12.20 |
|
| March 12, 2020 | Docket Event |
NOTICE OF ENTRY (Motion #001) Order with Notice of Entry and Proof of Service |
|
| March 12, 2020 | Docket Event |
NOTICE OF ENTRY Order with Notice of Entry on behalf of Defendant Nelleye Dankov R.N. |
|
| March 10, 2020 | Docket Event | DECISION + ORDER ON MOTION (Motion #001) | |
| March 10, 2020 | Docket Event | DECISION + ORDER ON MOTION (Motion #002) | |
| March 10, 2020 | Docket Event | DECISION + ORDER ON MOTION (Motion #003) | |
| March 10, 2020 | Docket Event |
NOTICE OF ENTRY Order with Notice of Entry |
|
| February 06, 2020 | hearing |
FULLY SUBMITTED (Motion #003) E-FILING SUBMISSIONS CALENDAR
Judge:
SHULMAN, MARTIN
|
|
| January 29, 2020 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #003) Affirmation in Opposition |
|
| January 29, 2020 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #002) Affirmation in Opposition |
|
| January 29, 2020 | Docket Event |
DEMAND FOR: Dmd for Authorizations |
|
| January 29, 2020 | Docket Event |
AFFIDAVIT (Motion #003) Affidavit of Service |
|
| January 29, 2020 | Docket Event |
AFFIDAVIT (Motion #002) Affidavit of Service |
|
| January 27, 2020 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion #003) Affirmation in Support of Cross-Motion |
|
| January 27, 2020 | Docket Event |
NOTICE OF CROSS-MOTION (Motion #003) Notice of Cross-Motion |
|
| January 24, 2020 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #003) Affirmation in Support |
|
| January 24, 2020 | Docket Event |
EXHIBIT(S) - B (Motion #003) Verified Answer o/b/o THE MOUNT SINAI HOSPITAL |
|
| January 24, 2020 | Docket Event |
EXHIBIT(S) - A (Motion #003) Summons & Complaint |
|
| January 24, 2020 | Docket Event |
NOTICE OF CROSS-MOTION (Motion #003) Notice of Cross-Motion |
|
| January 15, 2020 | Docket Event | Answer to Amended Verified Complaint | |
| January 09, 2020 | Docket Event |
NOTICE OF MOTION (Motion #003) Motion to Dismiss Plaintiff's Complaint with Regard to Sixth Cause of Action-Punitive Damages |
|
| January 09, 2020 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #003) Supporting Affirmation of Robert Martin |
|
| January 09, 2020 | Docket Event |
ANSWER Verified Answer to Plaintiff's Verified Amended Complaint |
|
| January 09, 2020 | Motion |
DISMISS (Motion #003) Decided: 03/09/2020SEE DECISION Before Justice: SHULMAN, MARTIN Answer demanded: Yes
Judge:
SHULMAN, MARTIN
|
|
| January 09, 2020 | Docket Event |
EXHIBIT(S) - E (Motion #003) Verified Answer on behalf of Dewitt and Cassena |
|
| January 09, 2020 | Docket Event |
EXHIBIT(S) - D (Motion #003) Verified Answer to Amended Complaint on behalf of Dankov |
|
| January 09, 2020 | Docket Event |
EXHIBIT(S) - C (Motion #003) Amended Verified Complaint |
|
| January 09, 2020 | Docket Event |
EXHIBIT(S) - B (Motion #003) Verified Answer on behalf of Dankov |
|
| January 09, 2020 | Docket Event |
EXHIBIT(S) - A (Motion #003) Summons and Complaint |
|
| January 07, 2020 | Docket Event |
ANSWER Def's Amended Verified Answer 1.7.20 |
|
| January 07, 2020 | hearing |
FULLY SUBMITTED (Motion #002) ADJOURNED FOR WORKING COPIES OPP
Judge:
SHULMAN, MARTIN
|
|
| January 06, 2020 | Docket Event |
ANSWER to Amended Complaint |
|
| December 23, 2019 | Docket Event | answer to amended complaint - dankov | |
| December 23, 2019 | Docket Event | Answer to Amended Complaint on behalf of THE MOUNT SINAI HOSPITAL | |
| December 20, 2019 | hearing |
ADJOURNED (Motion #002) E-FILING SUBMISSIONS CALENDAR OPP
Judge:
SHULMAN, MARTIN
|
|
| December 20, 2019 | Docket Event | COURT NOTICE (Motion #002) | |
| December 19, 2019 | Docket Event |
COMPLAINT (AMENDED) Amended Complaint |
|
| December 19, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE Aff of service of |
|
| December 19, 2019 | Docket Event |
CERTIFICATE OF MERIT Cert of Merit |
|
| December 19, 2019 | Docket Event |
SUMMONS - SUPPLEMENTAL (PRE RJI) Supp Summons |
|
| December 17, 2019 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #002) Affirmation in Opposition |
|
| December 17, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #002) Affidavit of Service |
|
| December 10, 2019 | Docket Event |
ANSWER Verified Answer and Discovery Demands on behalf of Nelleye Dankov, R.N. |
|
| December 10, 2019 | Docket Event |
NOTICE OF MOTION (Motion #002) Notice of Motion, Affirmation in Support, Affidavit of Service and Blueback |
|
| December 10, 2019 | Motion |
DISMISS (Motion #002) Decided: 03/09/2020SEE DECISION Before Justice: SHULMAN, MARTIN Answer demanded: Yes
Judge:
SHULMAN, MARTIN
|
|
| December 10, 2019 | hearing |
FULLY SUBMITTED (Motion #001) E-FILING SUBMISSIONS CALENDAR STIP
Judge:
SHULMAN, MARTIN
|
|
| December 10, 2019 | Docket Event |
EXHIBIT(S) - B (Motion #002) Answer |
|
| December 10, 2019 | Docket Event |
EXHIBIT(S) - A (Motion #002) Summons and Complaint |
|
| December 09, 2019 | Docket Event | AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #001) | |
| December 05, 2019 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO CROSS-MOTION (Motion #001) Affirmation in Opposition |
|
| December 05, 2019 | Docket Event |
AFFIDAVIT (Motion #001) Affidavit of Service |
|
| November 27, 2019 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion #001) Affirmation in Support |
|
| November 27, 2019 | Docket Event |
EXHIBIT(S) - B (Motion #001) Verified Answer |
|
| November 27, 2019 | Docket Event |
EXHIBIT(S) - A (Motion #001) Summons & Complaint |
|
| November 27, 2019 | Docket Event |
NOTICE OF CROSS-MOTION (Motion #001) Notice of Cross-Motion |
|
| November 20, 2019 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #001) Affirmation in Opposition |
|
| November 20, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #001) aff of service |
|
| November 08, 2019 | Docket Event |
DEMAND FOR: Initial Combined Demands |
|
| November 08, 2019 | Docket Event |
ANSWER Verified Answer |
|
| October 22, 2019 | Docket Event | AFFIRMATION/AFFIDAVIT OF SERVICE | |
| October 11, 2019 | Docket Event | CERTIFICATE OF MERIT | |
| October 10, 2019 | hearing |
ADJOURNED (Motion #001) E-FILING SUBMISSIONS CALENDAR STIP
Judge:
SHULMAN, MARTIN
|
|
| October 09, 2019 | Docket Event | STIPULATION - ADJOURNMENT OF MOTION - BEFORE JUDGE (Motion #001) | |
| October 09, 2019 | Docket Event |
STIPULATION - ADJOURNMENT OF MOTION - BEFORE JUDGE (Motion #001) Stip adjourning motion |
|
| October 09, 2019 | Docket Event |
STIPULATION - ADJOURNMENT OF MOTION - BEFORE JUDGE (Motion #001) Stip adjourning motion and cross motion |
|
| October 07, 2019 | Docket Event |
ANSWER (AMENDED) Amended Answer on behalf of Mount Sinai Hospital |
|
| October 03, 2019 | Docket Event |
ANSWER Verification from Def Daniel P. Klein, M.D. to Def's Verified Answer 10.2.19 |
|
| October 03, 2019 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion #001) Def's Affirmation in Support to Cross Motion 10.3.19 |
|
| October 03, 2019 | Docket Event |
AFFIDAVIT (Motion #001) of Service with Blueback 10.3.19 |
|
| October 03, 2019 | Docket Event |
EXHIBIT(S) - C (Motion #001) Def's Verified Answer 9.5.19 |
|
| October 03, 2019 | Docket Event |
EXHIBIT(S) - B (Motion #001) Co-Def's Verified Answer 8.27.19 |
|
| October 03, 2019 | Docket Event |
EXHIBIT(S) - A (Motion #001) Plaintiff's Summons and Complaint 7.1.19 |
|
| October 03, 2019 | Docket Event |
NOTICE OF CROSS-MOTION (Motion #001) Def's Notice of Cross Motion 10.3.19 |
|
| September 24, 2019 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion #001) Affirmation in Support of Cross Motion |
|
| September 24, 2019 | Docket Event |
NOTICE OF CROSS-MOTION (Motion #001) Notice of Cross Motion |
|
| September 24, 2019 | Docket Event |
EXHIBIT(S) - B (Motion #001) Exhibit B - Verified Answer |
|
| September 24, 2019 | Docket Event |
EXHIBIT(S) - A (Motion #001) Exhibit A - Summons and Complaint |
|
| September 12, 2019 | Docket Event |
NOTICE OF MOTION (Motion #001) Notice of Motion |
|
| September 12, 2019 | Docket Event |
AFFIDAVIT OR AFFIRMATION IN SUPPORT (Motion #001) Affirmation in Support |
|
| September 12, 2019 | Docket Event | RJI -RE: NOTICE OF MOTION (Motion #001) | |
| September 12, 2019 | Motion |
COMPEL OR STAY ARBITRATION (Motion #001) Decided: 03/09/2020SEE DECISION Before Justice: SHULMAN, MARTIN Answer demanded: Yes
Judge:
SHULMAN, MARTIN
|
|
| September 12, 2019 | Docket Event | ADDENDUM - GENERAL (840A) (Motion #001) | |
| September 12, 2019 | Docket Event |
EXHIBIT(S) - C (Motion #001) Exhibit C Admissions Agreement |
|
| September 12, 2019 | Docket Event |
EXHIBIT(S) - B (Motion #001) Exhibit B Verified Answer |
|
| September 12, 2019 | Docket Event |
EXHIBIT(S) - A (Motion #001) Exhibit A Summons and Complaint |
|
| September 12, 2019 | Docket Event |
AFFIDAVIT (Motion #001) Affidavit of Service |
|
| September 05, 2019 | Docket Event |
DEMAND FOR BILL OF PARTICULARS Def's Demand for Bill of Particulars 9.5.19 |
|
| September 05, 2019 | Docket Event |
ANSWER Def'sVerified Answer 9.5.19 |
|
| September 05, 2019 | Docket Event |
NOTICE TO TAKE DEPOSITION Def's Notice to Take Deposition Upon Oral Examination 9.5.19 |
|
| September 03, 2019 | Docket Event |
ANSWER Verified Answer and Verification for Mount Sinai Hospital |
|
| August 30, 2019 | Docket Event |
ANSWER Verified Answer with Verification for The Mount Sinai Hospital |
|
| August 30, 2019 | Docket Event |
ANSWER Verified Answer for The Mount Sinai Hospital |
|
| August 27, 2019 | Docket Event | DEMAND FOR BILL OF PARTICULARS | |
| August 27, 2019 | Docket Event |
DEMAND FOR: Combined Demands |
|
| August 27, 2019 | Docket Event | ANSWER | |
| August 19, 2019 | Docket Event |
ANSWER VERIFIED ANSWER FOR THE MOUNT SINAI HOSPITAL |
|
| August 16, 2019 | Docket Event |
ANSWER WITH CROSS-CLAIM(S) answer w cross claims |
|
| August 05, 2019 | Docket Event |
STIPULATION - TIME TO ANSWER Def's Stipulation Extending Time to Answer Plaintiff's Summons and Complaint 8.5.19 |
|
| July 31, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE aff of service Cassena LLP |
|
| July 31, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE Cassena LLP |
|
| July 31, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE Cassena Mgt |
|
| July 31, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE Aff of Service for Dewitt |
|
| July 31, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE aff of service Dr Diaz |
|
| July 31, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE aff of service RN Molloy |
|
| July 31, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service RN Donkov |
|
| July 31, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service Dr Klein |
|
| July 31, 2019 | Docket Event |
AFFIRMATION/AFFIDAVIT OF SERVICE Aff of Service for Mt Sinai Hosp |
|
| July 01, 2019 | Docket Event | Complaint | |
| July 01, 2019 | Docket Event | Summons |
