Welch v. New York City Health And Hospital Corporation et alMOTION for Summary JudgmentE.D.N.Y.August 30, 2016UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------------------- x NOTICE OF MOTION FOR SUMMARY JUDGMENT 14 CV 5208 (KAM) (SMG) GABRIEL WELCH, Plaintiff, -against- NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, MEDICAL ASSOCIATES OF WOODHULL, P.C., AND NYU LANGONE MEDICAL CENTER, Defendants. ----------------------------------------------------------------------- x PLEASE TAKE NOTICE, that upon the Local Rule 56.1 Statement of Material Undisputed Facts, submitted by served defendants New York City Health and Hospitals Corporation (“H&H”) and NYU Langone Medical Center (“NYU”) (collectively, “Defendants”);1 the Declaration of Michael Nacchio in Support of Defendants’ Motion for Summary Judgment, dated June 29, 2016, and the exhibits annexed thereto; the Joint Deposition Transcript Appendix; the Declaration of Jaime Gonzalez, dated June 15, 2016; the Declaration of Lynn Schulman, dated June 16, 2016; the Declaration of Neal Glaser, dated June 23, 2016, Defendants’ Memorandum of Law in Support of Their Motion for Summary Judgment, dated June 29, 2016, and upon all prior pleadings and proceedings herein, Served Defendants will move this Court, before the Honorable Kiyo Matsumoto, United States District Judge, Eastern District of New York, at the Courthouse thereof, located at the United States District Court, 225 Cadman Plaza East, Brooklyn, New York, 11201, at a date and time convenient to and set by the Court, for an order and judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, 1 Upon information and belief, Medical Associates of Woodhull, P.C. has not been in existence since 2007 and was not served. Case 1:14-cv-05208-KAM-SMG Document 41 Filed 08/30/16 Page 1 of 4 PageID #: 97 - 2 - granting summary judgment to all defendants, dismissing the Complaint in its entirety, entering judgment for defendants, and granting defendants costs, fees, and disbursements together with such other and further relief as the Court may deem just and proper. PLEASE TAKE FURTHER NOTICE that, pursuant to the May 13, 2016 Order of the Court, answering papers, if any, must be served by August 15, 2016. Dated: New York, New York June 29, 2016 ZACHARY W. CARTER Corporation Counsel of the City of New York Attorney for Served Defendants 100 Church Street, Room 2-146 New York, New York 10007-2601 (212) 356-0839 mnacchio@law.nyc.gov By: /s/ Michael Nacchio Michael Nacchio Assistant Corporation Counsel TO: Leonard Zack & Associates 405 Park Avenue, 10th Floor New York, NY 10022 212-754-4050 leonardzack@lzack.com Case 1:14-cv-05208-KAM-SMG Document 41 Filed 08/30/16 Page 2 of 4 PageID #: 98 - 3 - DECLARATION OF SERVICE MICHAEL NACCHIO, declares, pursuant to 28 U.S.C. § 1746 and under penalty of perjury, that on June 29, 2016, that I served the foregoing Notice of Motion for Summary Judgment, together with Defendants’ Statement of Undisputed Facts pursuant to Rule 56.1 of the Local Rules of this Court, the Declaration of Michael Nacchio, and the exhibits annexed thereto, the Joint Deposition Transcript Appendix, the Declaration of Jaime Gonzalez, the Declaration of Lynn Schulman, and the declaration of Neal Glaser, and Defendants’ Memorandum of Law in Support of Their Motion for Summary Judgment, on: Leonard Zack & Associates Attorney for Plaintiff 405 Park Avenue, 10th Floor New York, NY 10022 212-754-4050 leonardzack@lzack.com By E-Mail to said plaintiff’s attorney at the above indicated electronic mail address, being the electronic address designated by plaintiff for that purpose. Dated: New York, New York June 29, 2016 /s/ Michael Nacchio Michael Nacchio Case 1:14-cv-05208-KAM-SMG Document 41 Filed 08/30/16 Page 3 of 4 PageID #: 99 14 CV 5208 (KAM) (SMG) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK GABRIEL WELCH, Plaintiff, -against- NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, MEDICAL ASSOCIATES OF WOODHULL, P.C., AND NYU LANGONE MEDICAL CENTER, Defendants. NOTICE OF MOTION FOR SUMMARY JUDGMENT ZACHARY W. CARTER Corporation Counsel of the City of New York Attorney for Served Defendants 100 Church Street, Room 2-146 New York, N.Y. 10007-2601 Of Counsel: Michael Nacchio Tel: (212) 356-0839 mnacchio@law.nyc.gov Our File No. 2014-033184 Due and timely service is hereby admitted. New York, N.Y. ................................................., 2016 ........................................................................................ Attorney for .................................................................... Case 1:14-cv-05208-KAM-SMG Document 41 Filed 08/30/16 Page 4 of 4 PageID #: 100
