Motion,Ex Parte: Kelly Powers v. Emily Arena M.D., Saira Mehmood M.D., Joshua O. Mchugh M.D., Cheryl K. Chang Md, Mount Sinai West

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                                FILED:         NEW     YORK       COUNTY        CLERK        05/07/2020             11:23        AM                 INDEX    NO.   805221/2019
   NYSCEF     DOC.   NO.   11                                                                                 RECEIVED      NYSCEF:     05/07/2020




                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF NEW YORK
                  ________________________________________________

                  KELLY POWERS,                                                                    Index No. 805221/2019E


                                             Plaintiffs,
                                                                                                   AFFIRMATION OF
                                                                                                    GOOD FAITH
                                    -against-

                  EMILY ARENA, M.D., SAIRA MEHMOOD, M.D.,
                  JOSHUA O. McHUGH, M.D., CHERYL K. CHANG, M.D.
                  and MOUNT SINAI WEST,

                                             Defendants.
                  _______________________________________________


                                    ROSA RUIZ,         an attorney duly licensed to practice law before the Courts of the

                  State of New York, pursuant to the provisions of Rule 2106 of the Civil Practice Law and Rules,

                  and under the penalties of perjury does hereby affirm as follows:

                           1.       That   I am   an  associate    of  the  law  firm   of  McALOON         &  FRIEDMAN,         P.C.,

                  attorneys    for  the   defendants    SAIRA      MEHMOOD,           M.D.,    JOSHUA       O.   McHUGH,        M.D.,

                  CHERYL        K.  CHANG,        M.D.    and   ST.   LUKES-ROOSEVELT               HOSPITAL        CENTER       s/h/a

                  MOUNT SINAI WEST (hereinafter “defendants”) in the above entitled action and, as such, am

                  fully familiar with all of the facts and circumstances heretofore had herein.

                           2.       I submit    this Affirmation     of  Good    Faith  as  required   by  22   NYCRR      §202.7    in

                  support of the within Motion for an Order: (1) Pursuant to CPLR § 3126(2) and (3), dismissing

                  plaintiff’s  action   in its entirety   for her  willful   failure  to provide    Court-ordered     discovery    and

                  defendants’    demands     for  discovery,   or,  in the  alternative,   (2) Pursuant    to  CPLR    §§  3126    and

                  3124,    compelling     plaintiff  to   provide    the  discovery     by  a   date  certain   and   automatically




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   FILED:         NEW     YORK       COUNTY        CLERK        05/07/2020             11:23        AM                 INDEX    NO.   805221/2019
   NYSCEF     DOC.   NO.   11                                                                                 RECEIVED      NYSCEF:     05/07/2020




                  dismissing the Complaint and directing the Clerk to enter judgment accordingly if plaintiff fails

                  to do  so;  and  (3)  for such   other  and further relief in    defendants’    favor as   this Court   deems    just

                  and proper.

                           3.       Defendants have made a good faith effort to resolve this discovery dispute before

                  making the instant motion. Your affirmant’s firm served multiple discovery demands on behalf

                  of all defendants, seeking extensive discovery.           Defendants have, in good faith, followed up with

                  plaintiff seeking to obtain this discovery, sending good faith letter dated February 11, 2020 (See

                  Exhibit   “F”  annexed    herein).    To  date,  plaintiff has  failed  to  respond   to defendants’    good   faith

                  attempts and has failed to provide the outstanding discovery. Plaintiff has not provided any of the

                  discovery sought. Thus, pursuant to 202.7(c), defendants have good cause for making the instant

                  motion and seeking judicial intervention.

                           WHEREFORE,            it is  respectfully   requested    that  this  Court    issue  an   Order   granting

                  defendants’    motion    for dismissal;   or  in  the alternative,   granting   defendants’    motion    to compel

                  plaintiff  to   provide    outstanding     discovery    by   a  date   certain   or  otherwise     dismissing    the

                  Complaint; and for such other and further relief in defendants’ favor as this Court deems just and

                  proper.

                  Dated:      New York, New York
                              May 4, 2020

                                                                                 _______________________________
                                                                                      ROSA RUIZ




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