On July 09, 2015 a
Motion,Ex Parte
was filed
involving a dispute between
Allison Franzese,
Paul Franzese,
and
Doron I. Ilan Md,
Gideon Yoeli Md,
Jamaica Hospital Medical Center,
Manhattan Medical,
Premier Orthopaedics,
for Medical Malpractice
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 12/23/2019 03:29 PM INDEX NO. 707170/2015
NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 12/23/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
PAUL FRANZESE,
NOTICE OF MOTION
Plaintiffs,
-against-
Index No.: 707170/2015
DORON I.ILAN, M.D., PREMIER - Hon. Joseph J.
Part 6
ORTHOPAEDICS OF WESTCHESTER
Esposito, J.S.C.
AND ROCKLAND, P.C.
Defendants.
MOTION BY: RENDE, RYAN & DOWNES, LLP,
Attorneys for the Defendants
DORON I. ILAN, M.D. DORON I. ILAN,
M.D., PREMIER ORTHOPAEDICS
OF WESTCHESTER and ROCKLAND,
P.C.
DATE, TIME AND
PLACE RETURNABLE: January 27, 2020 at 9:30 o'clock in the
forenoon of that day or as soon there-after as
counsel can be heard in Queens County
Supreme Court, Part 6, 88-11 Sutphin Blvd,
Jamaica, NY 11435 before the Hon. Joseph
J. Esposito, J.S.C.
RELIEF REQUESTED: An order pursuant to CPLR §2221(d) for
leave to reargue Dr. Ilan's motion for an
order, pursuant to CPLR § 4404(b) to (1) set
aside the verdict based upon juror
misconduct; (2) set aside the verdict based
upon the Court's prejudicial misreading of
the medical malpractice charge; (3) set aside
the amount awarded by the jury as
excessive; or (4) alternatively to reduce the
verdict amount awarded by the jury, along
with such other and further relief this Court
deems just and proper.
SUPPORTING PAPERS: Affirmation of Alissa A. Mendys and all
other pleadings and proceedings heretofore
had herein and all exhibits annexed hereto
and made part hereof.
1 of 2
FILED: QUEENS COUNTY CLERK 12/23/2019 03:29 PM INDEX NO. 707170/2015
NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 12/23/2019
ANSWERING PAPERS: Answering affidavits or affirmations, if any,
must be served upon the undersigned at least
seven (7) days prior to the return date of this
motion, pursuant to Rule 2214 of the CPLR.
Dated: December 23, 2019
White Plains, New York
Yours, etc.,
RENDE, RYAN & DOWNES, LLP
ALISSA A. MENDYS, ESQ.
Attorneys for Defendants
DR. DORON I. ILAN, PREMIER
ORTHOPAEDICS OF WESTCHESTER
and ROCKLAND, P.C.
202 Mamaroneck Avenue
White Plains, New York 10601
(914) 681-0444
To: LEVINE & GROSSMAN
Attorneys for Plaintiff
114 Old Country Road
Mineola, New York 10004
(516) 248-7575
2
2 of 2
Document Filed Date
December 23, 2019
Case Filing Date
July 09, 2015
Category
Medical Malpractice
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FILED: QUEENS COUNTY CLERK 12/23/2019 03:29 PM INDEX NO. 707170/2015 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 12/23/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS PAUL FRANZESE, NOTICE OF MOTION Plaintiffs, -against- Index No.: 707170/2015 DORON I.ILAN, M.D., PREMIER - Hon. Joseph J. Part 6 ORTHOPAEDICS OF WESTCHESTER Esposito, J.S.C. AND ROCKLAND, P.C. Defendants. MOTION BY: RENDE, RYAN & DOWNES, LLP, Attorneys for the Defendants DORON I. ILAN, M.D. DORON I. ILAN, M.D., PREMIER ORTHOPAEDICS OF WESTCHESTER and ROCKLAND, P.C. DATE, TIME AND PLACE RETURNABLE: January 27, 2020 at 9:30 o'clock in the forenoon of that day or as soon there-after as counsel can be heard in Queens County Supreme Court, Part 6, 88-11 Sutphin Blvd, Jamaica, NY 11435 before the Hon. Joseph J. Esposito, J.S.C. RELIEF REQUESTED: An order pursuant to CPLR §2221(d) for leave to reargue Dr. Ilan's motion for an order, pursuant to CPLR § 4404(b) to (1) set aside the verdict based upon juror misconduct; (2) set aside the verdict based upon the Court's prejudicial misreading of the medical malpractice charge; (3) set aside the amount awarded by the jury as excessive; or (4) alternatively to reduce the verdict amount awarded by the jury, along with such other and further relief this Court deems just and proper. SUPPORTING PAPERS: Affirmation of Alissa A. Mendys and all other pleadings and proceedings heretofore had herein and all exhibits annexed hereto and made part hereof. 1 of 2 FILED: QUEENS COUNTY CLERK 12/23/2019 03:29 PM INDEX NO. 707170/2015 NYSCEF DOC. NO. 108 RECEIVED NYSCEF: 12/23/2019 ANSWERING PAPERS: Answering affidavits or affirmations, if any, must be served upon the undersigned at least seven (7) days prior to the return date of this motion, pursuant to Rule 2214 of the CPLR. Dated: December 23, 2019 White Plains, New York Yours, etc., RENDE, RYAN & DOWNES, LLP ALISSA A. MENDYS, ESQ. Attorneys for Defendants DR. DORON I. ILAN, PREMIER ORTHOPAEDICS OF WESTCHESTER and ROCKLAND, P.C. 202 Mamaroneck Avenue White Plains, New York 10601 (914) 681-0444 To: LEVINE & GROSSMAN Attorneys for Plaintiff 114 Old Country Road Mineola, New York 10004 (516) 248-7575 2 2 of 2