Eremeyev v. Mount Sinai Hosp.
| Decision Date | 31 August 2012 |
| Docket Number | Index No. 250078/2012 |
| Citation | 2012 NY Slip Op 33426 |
| Parties | GEORGI EREMEYEV and OLGA EREMEYEV, Plaintiffs, v. MOUNT SINAI HOSPITAL, BACHIR TAOULI, M.D., BURTON DRAYER, M.D., WAYNE E. KEATHLEY, JOHN HART, MONTEFIORE MEDICAL CENTER, STEVEN M. SAFYER, M.D., MILAN KINKHABWALA, M.D., JOHN F. REINUS, M.D., EDWARD S. AMIS, M.D., NYU LANGONE MEDICAL CENTER, MICHAEL MACARJ, M.D., DANNY C. KIM, M.D., MICHAEL P. RECHT, M.D., ROBERT A. PRESS, M.D., ROBERT I. GROSSMAN, M.D., NEW YORK-PRESBYTERIAN HOSPITAL, MARTIN PRINCE, M.D., BEATRIU RETG, M.D., JONATHAN SUSMAN, M.D., "JOHN DOE", M.D., JEAN C. EMOND, M.D., HERBERT PARDES, M.D., STEVEN J. CORWIN, M.D., ROBERT E. KELLY, M.D., ELIOT J. LAZAR, M.D., RICHARD S. LIEBOWITZ, M.D., MEMORIAL SLOAN-KETTERING CANCER CENTER (MSKCC), WILLIAM R. JARNAGIN, M.D., CRAIG B. THOMSON, M.D., JORGE CAPOTE, R.N., EMBLEMHEALTH/GHI HEALTH INSURANCE CO., WILLIAM A. GILLESPIE, M.D., FRANK J. BRANCHINI, DAWN CASTAGNA, MEDICAL LIABILITY MUTUAL INSURANCE COMPANY (MLMIC), NEW YORK STATE DEPARTMENT OF INSURANCE, the law firms: MARTIN, CLEARWATER & BELL; KRAMER, DILLOF, LIVINGSTON & MOORE; WOLF & FUHRMAN; and VARIOUS STAFF OF THE NYS SUPREME COURT, COUNTY OF BRONX (CIVIL DIVISION), Defendants. |
| Court | New York Supreme Court |
DECISION AND ORDER
PRESENT: Hon. Lucindo Suarez
As to Motion Sequence #1: upon the notice of motion dated February 23, 2012 of defendant Robert I. Grossman, M.D. and the affirmation, affidavit and exhibit submitted in support thereof; the notice of cross-motion dated March 6, 2012 of defendant Medical Liability Mutual Insurance Company and the affirmation, affidavit and exhibits submitted in support thereof; the notice of cross-motion dated March 19, 2012 of defendant New York University Hospitals Center s/h/a NYU Langone Medical Center and the affirmation submitted therewith;the affirmation in reply dated March 26, 2012 of defendant Medical Liability Mutual Insurance Company;
as to Motion Sequence #2: upon the notice of motion dated March 5, 2012 of defendants Montefiore Medical Center, Steven M. Safyer, M.D., Milan Kinkhabwala, M.D., John F. Reinus, M.D., and E. Steven Amis, M.D. s/h/a Edward S. Amis, M.D. and the affirmation, affidavits (4), exhibits and memorandum of law submitted in support thereof; movants' affidavit dated March 15, 2012;
as to Motion Sequence #3: upon the notice of motion dated March 26, 2012 of defendants New York-Presbyterian Hospital, Martin Prince, M.D., Beatriu Reig, M.D., Jonathan Susman, M.D., Robert J. Min, M.D., Jean C. Emond, M.D., Herbert Pardes, M.D., Steven J. Corwin, M.D., Robert E. Kelly, M.D., Eliot J. Lazar, M.D. and Richard S. Liebowitz, M.D. and the affirmation, affidavits (8) and exhibits submitted in support thereof; movants' affirmation in reply dated April 16, 2012 and the exhibit submitted therewith;
as to Motion Sequence #4: upon the notice of motion dated March 26, 2012 of defendant Mount Sinai Hospital and the affirmation, exhibits and memorandum of law submitted in support thereof;
as to Motion Sequence #5: upon the notice of motion dated March 16, 2012 of defendants Group Health Incorporated s/h/a EmblemHealth/GHI Health Insurance Co., William A. Gillespie, M.D., Frank J. Branchini and Dawn Castagna and the affidavits (4) and memorandum of law submitted in support thereof;
as to Motion Sequence #6: upon the notice of motion dated April 16, 2012 of defendants Memorial Hospital for Cancer and Allied Diseases s/h/a Memorial Sloan-Kettering Cancer Center (MSKCC), William R. Jarnagin, M.D., Craig B. Thompson, M.D. s/h/a Craig B.Thomson, M.D. and Jorge Capote, R.N. and the affirmation, affidavits (4), exhibits and memorandum of law submitted in support thereof;
as to Motion Sequence #7: upon the notice of motion dated April 26, 2012 of defendant Group Health Incorporated s/h/a EmblemHealth/GHI Health Insurance Co. and the affirmation, exhibit and memorandum of law submitted in support thereof; movant's affirmation in reply dated May 15, 2012 and the affidavit, exhibit and memorandum of law submitted therewith;
as to Motion Sequence #8: upon the amended notice of motion dated May 1, 2012 and the affirmation, affidavits (3), exhibits and memorandum of law submitted in support thereof;
as to Motion Sequence #9: upon the notice of motion dated June 5, 2012 of defendant Martin Clearwater & Bell LLP s/h/a Martin, Clearwater & Bell and the affirmation and exhibits submitted in support thereof; movant's affirmation in reply dated June 25, 2012;
as to Motion Sequence #10: upon the notice of motion dated June 7, 2012 of defendant Kramer, Dillof, Livingston & Moore, Esqs. s/h/a Kramer, Dillof, Livingston & Moore and the affirmation and exhibits submitted in support thereof;
as to Motion Sequence #11: upon the notice of motion dated June 8, 2012 of defendant Kramer, Dillof, Livingston & Moore, Esqs. s/h/a Kramer, Dillof, Livingston & Moore and the affirmation and exhibits submitted in support thereof; the June 19, 2012 affirmation submitted on behalf of defendant John Higgitt;
as to Motion Sequence #12: upon the notice of motion dated June 12, 2012 of defendant John Higgitt and the affirmation and exhibit submitted in support thereof;
as to Motion Sequence #13: upon the notice of motion dated July 3, 2012 of defendant Judge Douglas E. McKeon and the affirmation and exhibit submitted in support thereof;
as to additional papers filed in this action: upon plaintiff's "Ex-Parte Motion for an Orderof Default-Judgment in Civil Action" filed March 23, 2012; plaintiff's "Addendum No. 3 to Affirmation in Support of Ex-Parte Motion for an Order of Default-Judgment in Civil Action" dated April 9, 2012; plaintiff's "Ex-Parte Motion for an Order of Default-Judgment in Civil Action" filed April 13, 2012; plaintiff's "Ex-Parte Motion for an Order of Default-Judgment in Civil Action" dated April 17, 2012 and the affidavit submitted therewith; plaintiff's "Ex-Parte Memorandum of Facts, Laws, Justice Ethics and Humanity" dated April 27, 2012; plaintiff's "Ex-Parte Motion for an Order of Default-Judgment in Civil Action" dated May 9, 2012; plaintiff's "Ex-Parte Motion for an Order of Default-Judgment, and Affirmation in Support" dated May 14, 2012; plaintiff's "Ex-Parte Motion for an Order of Default-Judgment in Civil Action" dated June 12, 2012; plaintiff's "Addendum to Ex-Parte Motion for an Order of Default Judgment in Civil Action" dated June 14, 2012; plaintiff's "Addendum to Ex-Parte Motion for an Order of Default Judgment in Civil Action" dated June 19, 2012; plaintiff's "Addendum to Ex-Parte Motion for an Order of Default Judgment by a Jury" dated June 21, 2012; plaintiff's July 13, 2012 "Notice of Motion in Opposition and Demand for Default Judgment by a Jury" and the affidavit submitted therewith; the May 21, 2012 affirmation in opposition of defendants Memorial Hospital for Cancer and Allied Diseases s/h/a Memorial Sloan-Kettering Cancer Center (MSKCC), William R. Jarnagin, M.D., Craig B. Thompson, M.D. s/h/a Craig B. Thomson, M.D. and Jorge Capote, R.N.; the June 27, 2012 affirmation in opposition of defendant Medical Liability Mutual Insurance Company;
and upon due deliberation; the court finds:
Plaintiff's underlying medical malpractice action filed against Lenox Hill Hospital under index number 13107/2003 is pending in this court. The present matter was commenced by plaintiff pro se by the filing of a summons and complaint on January 20, 2012. Plaintiff allegesthat wrongful surgery was performed on him at Lenox Hill Hospital in August 2002 causing injuries and that numerous medical and legal professionals have conspired to conceal the original and subsequent malpractice and to deprive plaintiff of resolution of the original malpractice action. Plaintiff alleges that movants conspired to conceal plaintiff's injuries allegedly sustained at Lenox Hill Hospital by knowingly and intentionally engaging in conspiratorial, fraudulent and illegal actions, intentionally mistreating him and extensively abusing the legal process in a criminal conspiracy to deny him access to medical care.
The following defendants now move to dismiss the complaint: Robert I. Grossman, M.D. ("Grossman"), Medical Liability Mutual Insurance Company ("MLMIC") and New York University Hospitals Center s/h/a NYU Langone Medical Center ("NYU") (Motion Sequence #1); Montefiore Medical Center ("Montefiore"), Steven M. Safyer, M.D. ("Safyer"), Milan Kinkhabwala, M.D. ("Kinkhabwala"), John F. Reinus, M.D. ("Reinus"), and E. Steven Amis, M.D. s/h/a Edward S. Amis, M.D. ("Amis") (Motion Sequence #2); New York-Presbyterian Hospital ("NYPH"), Martin Prince, M.D. ("Prince"), Beatriu Reig, M.D. ("Reig"), Jonathan Susman, M.D. ("Susman"), Robert J. Min, M.D. ("Min"), Jean C. Emond, M.D. ("Emond"), Herbert Pardes, M.D. ("Pardes"), Steven J. Corwin, M.D. ("Corwin"), Robert E. Kelly, M.D. ("Kelly"), Eliot J. Lazar, M.D. ("Lazar") and Richard S. Liebowitz, M.D. ("Liebowitz") (Motion Sequence #3); Mount Sinai Hospital ("Mount Sinai") (Motion Sequence #4); Group Health Incorporated s/h/a EmblemHealth/GHI Health Insurance Co. ("GHI"), William A. Gillespie, M.D. ("Gillespie"), Frank J. Branchini ("Branchini") and Dawn Castagna ("Castagna") (Motion Sequence #5); Memorial Hospital for Cancer and Allied Diseases s/h/a Memorial Sloan-Kettering Cancer Center (MSKCC) ("MHCAD"), William R. Jarnagin, M.D. ("Jarnagin"), Craig B. Thompson, M.D. s/h/a Craig B. Thomson, M.D. ("Thompson") and Jorge Capote, R.N.("Capote") (Motion Sequence #6); GHI (Motion Sequence #7); Bachir Taouli, M.D. ("Taouli"), Burton Drayer, M.D. ("Drayer"), Wayne E. Keathley ("Keathley") and John Hart ("Hart") (Motion Sequence #8); Martin Clearwater & Bell LLP s/h/a Martin, Clearwater & Bell ("MCB") (Motion Sequence #9); Kramer, Dillof, Livingston & Moore, Esqs. s/h/a Kramer, Dillof, Livingston & Moore ("KDLM") (Motion Sequences #10 and #11); John Higgitt ("Higgitt") (Motion Sequence #12); and...
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