`FILED: NEW YORK COUNTY CLERK 03m2020 03:04 P
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`NYSOEF DOC. NO. 270
`NYSCEF DOC. NO. 270
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`INDEX NO. 155698/2014
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`INDEX NO' 155698/2014
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`R«C«IV«D yYSCEF: 03/06/2020
`RECEIVED NYSCEF: 03/06/2020
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`SUPREME COURT OF THE STATE OF NEW YORK — NEW YORK COUNTY
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`PRESENT:
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`JOAN A. MADDEN
`Justice
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`PART 11
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`RICHARD KLASS, as Executor Of the
`Estate of BERNARD WOLBERG and
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`max NO.
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`155698/14
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`EVA KLASS-WOLBERG,
`Plaintiffs,
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`. V -
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`MARK HALTRECHT, D.O., ARSENIO
`MEDICAL, P.C., YITZHAK TWERSKY,
`M.D., THE MOUNT SINAI HOSPITAL,
`EDWARD KIM, M.D., FRANCIS S.
`NOWAKOWSKI, M.D., DANIEL M.
`LABOW, M.D., MELISSA PALMER
`Defendant.
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`MOTION DATE
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`3-5-20
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`MOTION SEQ. NO.
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`004
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`The following papers, numbered 1 to
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`were read on this motions for summary judgment
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`I
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`PAPERS NUMBERED
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`Notice of Motionl Order to Show Cause — Affidavits -- Exhibits
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`|
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`Answering Affidavits — Exhibits
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`Replying Affidavits
`In motion sequence 004, defendant Yitzhak Twersky, MD. moves for summary
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`judgment dismissing the complaint and any cross claims against him.There is no opposition to
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`the motion.
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`Accordingly, it is
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`-
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`ORDERED that the motion for summary judgment by defendant Yitzhak Twersky, MD.
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`is granted without opposition, and the Clerk of the Court is directed to enter judgment dismissing
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`the complaint and any cross claims against him; and it is further
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`ORDERED that the caption is amended to remove Yitzhak Twersky, MD. from the
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`caption; and it is further
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`ORDERED that as by stipulation of discontinuance dated June 25, 2015, the action has
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`been discontinued against defendant Melissa Palmer, M.D., the caption is amended to remove
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`Melissa Palmer, MD. from the caption; and it is further
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`ORDERED that the caption as amended shall read as follows:
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`1 of 2
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`FILED: NEW YORK COUNTY CLERK 03/06/2020 03:04 PM
`FILED: NEW YORK COUNTY CLERK 03m2020 03:04 P
`
`NYSCEF DOC. NO. 270
`NYSCEF DOC. NO. 270
`
`INDEX NO. 155698/2014
`INDEX NO' 155698/2014
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`
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`
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`R«C«IV«D NYSCEF: 03/06/2020
`RECEIVED NYSCEF: 03/06/2020
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`
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`RICHARD KLASS, as Executor of the
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`INDEX NO.
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`155698/14
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`Estate of BERNARD WOLBERG and
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`EVA KLASS-WOLBERG,
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`Plaintiffs,
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`-against-
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`MARK HALTRECHT, D.O. ARSENIO
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`MEDICAL, P.C., THE MOUNT SINAI
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`HOSPITAL, EDWARD KIM, M.D.,
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`FRANCIS S. NOWAKOWSKI, M.D.,
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`and DANIEL M. LABOW, M.D.,
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`Defendants.
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`and it is further
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`ORDERED, that within 15 days of the efiling of this order, defendant Yitzhak Twersky, M.D.
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`shall serve a copy of this order with notice of entry on the Clerk of the General Clerk’s Office (Room
`119) and the County Clerk (room 141B), who are directed to mark the court records to reflect the
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`removal of defendants Yitzhak Twersky, MD. and Melissa Palmer, MD. from the caption; and it is
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`further
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`ORDERED that such service upon the General Clerk’s Office and the County Clerk shall
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`be made in accordance with the procedures set forth in the Protocol on Courthouse and County
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`Clerk Procedures for Electronically Filed Cases (accessible at the “E-Filing” page and on the
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`court’s website at the address (www.mycourts.gov/supctmanh ).
`2'
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`Dated: March
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`2020
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`CheckOne:
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`[
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`1 FINAL DISPOSITION [x] NON-FINAL DISPOSITION
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`2 of 2
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