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FILED: NEW YORK COUNTY CLERK 03/06/2020 03:04 PM
`FILED: NEW YORK COUNTY CLERK 03m2020 03:04 P
`
`NYSOEF DOC. NO. 270
`NYSCEF DOC. NO. 270
`
`INDEX NO. 155698/2014
`
`INDEX NO' 155698/2014
`
`
`
`
`
`
`R«C«IV«D yYSCEF: 03/06/2020
`RECEIVED NYSCEF: 03/06/2020
`
`SUPREME COURT OF THE STATE OF NEW YORK — NEW YORK COUNTY
`
`PRESENT:
`
`JOAN A. MADDEN
`Justice
`
`PART 11
`
`RICHARD KLASS, as Executor Of the
`Estate of BERNARD WOLBERG and
`
`max NO.
`
`155698/14
`
`EVA KLASS-WOLBERG,
`Plaintiffs,
`
`. V -
`
`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.
`
`MOTION DATE
`
`3-5-20
`
`MOTION SEQ. NO.
`
`004
`
`The following papers, numbered 1 to
`
`were read on this motions for summary judgment
`
`I
`
`PAPERS NUMBERED
`
`Notice of Motionl Order to Show Cause — Affidavits -- Exhibits
`
`|
`
`Answering Affidavits — Exhibits
`
`Replying Affidavits
`In motion sequence 004, defendant Yitzhak Twersky, MD. moves for summary
`
`judgment dismissing the complaint and any cross claims against him.There is no opposition to
`
`the motion.
`
`Accordingly, it is
`
`-
`
`ORDERED that the motion for summary judgment by defendant Yitzhak Twersky, MD.
`
`is granted without opposition, and the Clerk of the Court is directed to enter judgment dismissing
`
`the complaint and any cross claims against him; and it is further
`
`ORDERED that the caption is amended to remove Yitzhak Twersky, MD. from the
`
`caption; and it is further
`
`ORDERED that as by stipulation of discontinuance dated June 25, 2015, the action has
`
`been discontinued against defendant Melissa Palmer, M.D., the caption is amended to remove
`
`Melissa Palmer, MD. from the caption; and it is further
`
`ORDERED that the caption as amended shall read as follows:
`
`lof2
`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
`
`
`
`
`
`R«C«IV«D NYSCEF: 03/06/2020
`RECEIVED NYSCEF: 03/06/2020
`
`
`
`RICHARD KLASS, as Executor of the
`
`INDEX NO.
`
`155698/14
`
`Estate of BERNARD WOLBERG and
`
`EVA KLASS-WOLBERG,
`
`Plaintiffs,
`
`-against-
`
`MARK HALTRECHT, D.O. ARSENIO
`
`MEDICAL, P.C., THE MOUNT SINAI
`
`HOSPITAL, EDWARD KIM, M.D.,
`
`FRANCIS S. NOWAKOWSKI, M.D.,
`
`and DANIEL M. LABOW, M.D.,
`
`Defendants.
`
`and it is further
`
`ORDERED, that within 15 days of the efiling of this order, defendant Yitzhak Twersky, M.D.
`
`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
`
`removal of defendants Yitzhak Twersky, MD. and Melissa Palmer, MD. from the caption; and it is
`
`further
`
`ORDERED that such service upon the General Clerk’s Office and the County Clerk shall
`
`be made in accordance with the procedures set forth in the Protocol on Courthouse and County
`
`Clerk Procedures for Electronically Filed Cases (accessible at the “E-Filing” page and on the
`
`court’s website at the address (www.mycourts.gov/supctmanh ).
`2'
`
`Dated: March
`
`2020
`
`
`
`CheckOne:
`
`[
`
`1 FINAL DISPOSITION [x] NON-FINAL DISPOSITION
`
`20f2
`2 of 2
`
`

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