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FILED: NEW YORK COUNTY CLERK 04/12/2017 07:32 PM INDEX NO. 151998/2014
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 04/12/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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THORA CLAUDETTE CHALLENGER, Index No. 151998/14
AFFIRMATION
IN OPPOSITION
Plaintiff,
-against-
GEORGE J. LAMADELEINE, J.B. HUNT TRANSPORT,
INC., ZEPHANIAH P. MULLIN, and CHARLES S. GILES,
Defendants.
===============--=========================X
JOSHUA S. PERLMAN, an attorney duly admitted to practice law before the Courts of the
State of New York, pursuant to CPLR 2106, duly affirms the truth of the following:
1. I am an associate with the firm of WILLIAM SCHWITZER & ASSOCIATES, P.C.,
the attorneys for the plaintiffs herein, and as such am fully familiar with the facts and circumstances
surrounding this action;
2. I respectfully submit this Affirmation in opposition to defendants' motion pursuant to
22 N.Y.C.R.R. 202.21 vacating plaintiffs Note oflssue, CPLR 3124 compelling plaintiff to provide
all outstanding discovery, and to extend defendants' time to move for summary judgment.
3. To begin, the demands defendants claim to be outstanding were never served on
plaintiff, nor courtesy copies provided during court conferences. Counsel for plaintiff filed a Notice
of Appearance for this action on March 30, 2015. (see attached as plaintiffs Exhibit "A"). Looking
at defendants' Notices for Discovery and Inspection dated November 5, 2015, March 25, 2016, March
30, 2016, April 7, 2016 and the one dated April 15, 2016, defendants sent these demands to the Law
Offices of Aleksandr Vakrev, whose address is 2566 86th Street, Ste. 1, Brooklyn, NY 11214. Clearly
not the office of plaintiffs attorney, who was located atthe time at 112 Madison Avenue New York,
New York 10016.
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4. Defendants, in their papers, reference two orders dated April 29, 2016 and October
14, 2016 ordering plaintiff to respond to demands. The dates of these discovery demands are March
30, 2016' and March 25, 2016 and as noted above were not properly served on plaintiff.
5. Despite not having been served with these demands plaintiff has responded to all
of defendants' authorization requests. Regarding defendants Lamadeleine & J.B. Hunts'
November 5, 2015 demands. (see defendants' Exhibit "G"). This was responded to by plaintiff
on September 24, 2015 and November 10, 2015 where plaintiff provided authorizations for Dr.
Lermari; Mont Sinai Beth Israel and a response to plaintiff's employment records with CVS. (see·
attached as plaintiffs Exhibits "B & C").
6. Plaintiff responded to defendants Lamadeleine & J.B. Hunts' March 30, 2016
demands. (see defendants' Exhibit "I"). This response was mailed on May 24, 2106. The
remaining information in defendants' March 30, 2016 demand had been responded to though
plaintiffs September 24, 2015 and November 10, 2015 responses. (see attached plaintiffs
Exhibits "B, C & D").
7. With regards to defendants Mullin and Giles April 15, 2016 demands, (see
defendants' Exhibit "3"), plaintiff had previously provided authorizations for these facilities in
their response to combined demands dated February 10, 2015. (see attached as plaintiffs Exhibit
"E"). Dr. Armengola is a practitioner at Gerard Avenue Medical, P.C., which, an authorization
was provided in plaintiffs response to combined demands on February 10, 2015. (see plaintiffs
Exhibit "E"). Plaintiff provided defendant with a response to employment records on November
10, 2015. (see plaintiffs Exhibit "C").
8. Defendants Lamadeleine and J.B. Hunt Transport, Inc. reference a correspondence
dated May 4, 2015 and May 18, 2015. (see defendant's Exhibits D & E). In these letters
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defendants request plaintiff to provide HIP AA authorizations without restriction to plaintiffs
medical records for the facilities plaintiff treated. In plaintiffs response to combined demands
plaintiff served defendants with HIP AA authorizations permitting defendants to obtain the entire
medical records for all of plaintiffs treating doctors and facilities. (See plaintiffs Exhibit "E").
In these authorizations plaintiff has marked the second box under section 9(a), permitting the entire
medical records for each facility to be retrieved by defendants.
9. In their May 18, 2015 letter, defendants Lamadeleine and J.B. Hunt Transport, Inc.
further requested authorizations for plaintiff's 2011 workers compensation action. (see defendant's
Exhibit "E"). In a responsive letter dated September 9, · 2016 plaintiff provided these
authorizations to all defendants. (see attached as plaintiffs Exhibit "F").
10. Addressing the remaining authorizations regarding Dr. Stanley Liebowitz, Dr.
Robert Scott Schepp, Dr. Letterman and Dr. John Palemir~, plaintiff has no records of treating
with these physicians and has no reference for where they practice. Respectfully plaintiff objects
to providing authorizations.
11. It is clear that Plaintiff has complied with all outstanding discovery requests,
including requests that were never served on plaintiff during the course of discovery. Since there
is no outstanding discovery in the instant action, plaintiff requests that defendants' motions be
denied in their entirety and the case remain on the active trial calendar.
WHEREFORE, it is respectfully requested that the defendants' motions be denied in their
entirety, and for what other and further relief as this Court deems just and necessary.
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NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 04/12/2017
Dated: New York, New York
April 12, 2017
/JeSHUA S. PERLMAN
TO: Richard E. Noll, Esq.
The Noll Law Firm
Attorneys for Defendant
ZEPHANIAH P. MULLIN AND
CHARLES S. GILES
116 Jackson A venue
Syosset, NY 11791
(516) 307-1199
Rawle & Henderson, LLP
Diane B. Carvell
Attorneys for Defendant
J.B. HUNT TRANSPORT, INC. and
GEORGE LAMADELEINE
14 Wall Street, 27th Floor
New York, NY 10005
(212) 323-7080
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Preview
FILED: NEW YORK COUNTY CLERK 04/12/2017 07:32 PM INDEX NO. 151998/2014 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 04/12/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK =====--====================================X THORA CLAUDETTE CHALLENGER, Index No. 151998/14 AFFIRMATION IN OPPOSITION Plaintiff, -against- GEORGE J. LAMADELEINE, J.B. HUNT TRANSPORT, INC., ZEPHANIAH P. MULLIN, and CHARLES S. GILES, Defendants. ===============--=========================X JOSHUA S. PERLMAN, an attorney duly admitted to practice law before the Courts of the State of New York, pursuant to CPLR 2106, duly affirms the truth of the following: 1. I am an associate with the firm of WILLIAM SCHWITZER & ASSOCIATES, P.C., the attorneys for the plaintiffs herein, and as such am fully familiar with the facts and circumstances surrounding this action; 2. I respectfully submit this Affirmation in opposition to defendants' motion pursuant to 22 N.Y.C.R.R. 202.21 vacating plaintiffs Note oflssue, CPLR 3124 compelling plaintiff to provide all outstanding discovery, and to extend defendants' time to move for summary judgment. 3. To begin, the demands defendants claim to be outstanding were never served on plaintiff, nor courtesy copies provided during court conferences. Counsel for plaintiff filed a Notice of Appearance for this action on March 30, 2015. (see attached as plaintiffs Exhibit "A"). Looking at defendants' Notices for Discovery and Inspection dated November 5, 2015, March 25, 2016, March 30, 2016, April 7, 2016 and the one dated April 15, 2016, defendants sent these demands to the Law Offices of Aleksandr Vakrev, whose address is 2566 86th Street, Ste. 1, Brooklyn, NY 11214. Clearly not the office of plaintiffs attorney, who was located atthe time at 112 Madison Avenue New York, New York 10016. 1 of 4 FILED: NEW YORK COUNTY CLERK 04/12/2017 07:32 PM INDEX NO. 151998/2014 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 04/12/2017 4. Defendants, in their papers, reference two orders dated April 29, 2016 and October 14, 2016 ordering plaintiff to respond to demands. The dates of these discovery demands are March 30, 2016' and March 25, 2016 and as noted above were not properly served on plaintiff. 5. Despite not having been served with these demands plaintiff has responded to all of defendants' authorization requests. Regarding defendants Lamadeleine & J.B. Hunts' November 5, 2015 demands. (see defendants' Exhibit "G"). This was responded to by plaintiff on September 24, 2015 and November 10, 2015 where plaintiff provided authorizations for Dr. Lermari; Mont Sinai Beth Israel and a response to plaintiff's employment records with CVS. (see· attached as plaintiffs Exhibits "B & C"). 6. Plaintiff responded to defendants Lamadeleine & J.B. Hunts' March 30, 2016 demands. (see defendants' Exhibit "I"). This response was mailed on May 24, 2106. The remaining information in defendants' March 30, 2016 demand had been responded to though plaintiffs September 24, 2015 and November 10, 2015 responses. (see attached plaintiffs Exhibits "B, C & D"). 7. With regards to defendants Mullin and Giles April 15, 2016 demands, (see defendants' Exhibit "3"), plaintiff had previously provided authorizations for these facilities in their response to combined demands dated February 10, 2015. (see attached as plaintiffs Exhibit "E"). Dr. Armengola is a practitioner at Gerard Avenue Medical, P.C., which, an authorization was provided in plaintiffs response to combined demands on February 10, 2015. (see plaintiffs Exhibit "E"). Plaintiff provided defendant with a response to employment records on November 10, 2015. (see plaintiffs Exhibit "C"). 8. Defendants Lamadeleine and J.B. Hunt Transport, Inc. reference a correspondence dated May 4, 2015 and May 18, 2015. (see defendant's Exhibits D & E). In these letters 2 of 4 FILED: NEW YORK COUNTY CLERK 04/12/2017 07:32 PM INDEX NO. 151998/2014 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 04/12/2017 defendants request plaintiff to provide HIP AA authorizations without restriction to plaintiffs medical records for the facilities plaintiff treated. In plaintiffs response to combined demands plaintiff served defendants with HIP AA authorizations permitting defendants to obtain the entire medical records for all of plaintiffs treating doctors and facilities. (See plaintiffs Exhibit "E"). In these authorizations plaintiff has marked the second box under section 9(a), permitting the entire medical records for each facility to be retrieved by defendants. 9. In their May 18, 2015 letter, defendants Lamadeleine and J.B. Hunt Transport, Inc. further requested authorizations for plaintiff's 2011 workers compensation action. (see defendant's Exhibit "E"). In a responsive letter dated September 9, · 2016 plaintiff provided these authorizations to all defendants. (see attached as plaintiffs Exhibit "F"). 10. Addressing the remaining authorizations regarding Dr. Stanley Liebowitz, Dr. Robert Scott Schepp, Dr. Letterman and Dr. John Palemir~, plaintiff has no records of treating with these physicians and has no reference for where they practice. Respectfully plaintiff objects to providing authorizations. 11. It is clear that Plaintiff has complied with all outstanding discovery requests, including requests that were never served on plaintiff during the course of discovery. Since there is no outstanding discovery in the instant action, plaintiff requests that defendants' motions be denied in their entirety and the case remain on the active trial calendar. WHEREFORE, it is respectfully requested that the defendants' motions be denied in their entirety, and for what other and further relief as this Court deems just and necessary. 3 of 4 FILED: NEW YORK COUNTY CLERK 04/12/2017 07:32 PM INDEX NO. 151998/2014 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 04/12/2017 Dated: New York, New York April 12, 2017 /JeSHUA S. PERLMAN TO: Richard E. Noll, Esq. The Noll Law Firm Attorneys for Defendant ZEPHANIAH P. MULLIN AND CHARLES S. GILES 116 Jackson A venue Syosset, NY 11791 (516) 307-1199 Rawle & Henderson, LLP Diane B. Carvell Attorneys for Defendant J.B. HUNT TRANSPORT, INC. and GEORGE LAMADELEINE 14 Wall Street, 27th Floor New York, NY 10005 (212) 323-7080 4 of 4