On February 25, 2014 a
Motion-Secondary
was filed
involving a dispute between
Robin Patterson,
and
Nxk Corp. D B A Ambu-Trans Ambulette Corp.,
for Tort
in the District Court of New York County.
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(FILED: NEW YORK COUNTY CLERK 1071772016 06:34 PM INDEX NO. 151641/2014
NYSCEF boc. NO. 40 RECEIVED NYSCEF: 10/17/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ROBIN PATTERSON,
AFFIRMATION IN
SUPPORT
Plaintiff,
Index No.: 151641/14
-against-
Returnable October 18, 2016
NXK CORP. D/B/A AMBU TRANS AMBULETTE,
Defendant.
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Robert D. Donohue, an attorney admitted to practice before the Courts of this State, and a
Principal of the DONOHUE LAW FIRM, P.C. attorneys of record for defendants, NXK CORP.
D/B/A AMBU TRANS AMBULETTE (hereinafter "defendants") in the above-captioned action,
affirms the following to be true under penalty of perjury:
1 That I am familiar with the facts and circumstances heretofore had herein
by virtue of a review of the file maintained in this matter in your Affirmant's office.
2 This is an action, in part, to recover damages because the defendants are
alleged to have negligently operated their motor vehicle thereby causing damages to the plaintiff.
This action was purportedly commenced as to defendants by the filing of a Summons and
Complaint on or about March 4, 2014 (Exhibit "A"). Issue was joined by service of defendant's
Answer on or June 12, 2014. (Exhibit "B").
3 Plaintiff was scheduled for an post-EBT orthopedic Independent Medical
Examination with Dr. Pierce J. Ferriter on January 25, 2016 pursuant to Court order. Plaintiff
requested that this IME be rescheduled, and your Affirmant extended such courtesy. The IME
was rescheduled for February 22, 2016.
1 of 2
4. Plaintiff failed to appear for the rescheduled IME on February 22, 2016.
Plaintiff provided no advance notice of her intention not to appear.
5 Your Affirmant in good faith agreed to a further rescheduling of this IME
to August 5, 2016.
6 Plaintiff once again failed to appear for her IME on August 5, 2016, with
no advance notice of her inability to, or intention not to, appear. (Please see attached Exhibit
“C”, MedSource National, notification of ’no-show” at scheduled IMEs.)
7 Accordingly, the plaintiff has failed to comply with the court-ordered
appearance for IME.
WHEREFORE, it is respectfully requested that an Order be granted:
1. Dismissing plaintiff's complaint for his failure to appear at a scheduled IME
or, in the alternative
2. Compelling the plaintiff to appear for an IME on or before a date certain
and for such other and further relief as this Court deems appropriate.
Dated: New York, New York
October 7, 2016
BY: Oo DLL
Robert D. Donohue
DONOHUE LAW FIRM, P.C.
Attorneys for Defendants
50 Broadway- 27" Floor
New York, NY 10004
(212) 972-5252
To:
SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO, P.C.
Attorneys for Plaintiff
120 Broadway
2 of 2
Document Filed Date
October 17, 2016
Case Filing Date
February 25, 2014
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(FILED: NEW YORK COUNTY CLERK 1071772016 06:34 PM INDEX NO. 151641/2014 NYSCEF boc. NO. 40 RECEIVED NYSCEF: 10/17/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ~ wa cnnncnccnncenwannennccnnnennaneaeennnnnneee, ROBIN PATTERSON, AFFIRMATION IN SUPPORT Plaintiff, Index No.: 151641/14 -against- Returnable October 18, 2016 NXK CORP. D/B/A AMBU TRANS AMBULETTE, Defendant. eee rane nnne ene nnc enn anannnennanancennsennennenmnnmnnnenmnenamns Robert D. Donohue, an attorney admitted to practice before the Courts of this State, and a Principal of the DONOHUE LAW FIRM, P.C. attorneys of record for defendants, NXK CORP. D/B/A AMBU TRANS AMBULETTE (hereinafter "defendants") in the above-captioned action, affirms the following to be true under penalty of perjury: 1 That I am familiar with the facts and circumstances heretofore had herein by virtue of a review of the file maintained in this matter in your Affirmant's office. 2 This is an action, in part, to recover damages because the defendants are alleged to have negligently operated their motor vehicle thereby causing damages to the plaintiff. This action was purportedly commenced as to defendants by the filing of a Summons and Complaint on or about March 4, 2014 (Exhibit "A"). Issue was joined by service of defendant's Answer on or June 12, 2014. (Exhibit "B"). 3 Plaintiff was scheduled for an post-EBT orthopedic Independent Medical Examination with Dr. Pierce J. Ferriter on January 25, 2016 pursuant to Court order. Plaintiff requested that this IME be rescheduled, and your Affirmant extended such courtesy. The IME was rescheduled for February 22, 2016. 1 of 2 4. Plaintiff failed to appear for the rescheduled IME on February 22, 2016. Plaintiff provided no advance notice of her intention not to appear. 5 Your Affirmant in good faith agreed to a further rescheduling of this IME to August 5, 2016. 6 Plaintiff once again failed to appear for her IME on August 5, 2016, with no advance notice of her inability to, or intention not to, appear. (Please see attached Exhibit “C”, MedSource National, notification of ’no-show” at scheduled IMEs.) 7 Accordingly, the plaintiff has failed to comply with the court-ordered appearance for IME. WHEREFORE, it is respectfully requested that an Order be granted: 1. Dismissing plaintiff's complaint for his failure to appear at a scheduled IME or, in the alternative 2. Compelling the plaintiff to appear for an IME on or before a date certain and for such other and further relief as this Court deems appropriate. Dated: New York, New York October 7, 2016 BY: Oo DLL Robert D. Donohue DONOHUE LAW FIRM, P.C. Attorneys for Defendants 50 Broadway- 27" Floor New York, NY 10004 (212) 972-5252 To: SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO, P.C. Attorneys for Plaintiff 120 Broadway 2 of 2