FILED: KINGS COUNTY CLERK 02/21/2022 06:03 PM
`FILED: KINGS COUNTY CLERK 02/21/2022 06:03 PM
`NYSCEF DOC. NO. 267
`NYSCEF DOC. NO. 267
`
`INDEX NO. 505382/2021
`INDEX NO. 505382/2021
`RECEIVED NYSCEF: 02/21/2022
`RECEIVED NYSCEF: 02/21/2022
`
`EXHIBIT 7
`EXHIBIT 7
`
`

`

`FILED: KINGS COUNTY CLERK 02/21/2022 06:03 PM
`NYSCEF DOC. NO. 267
`
`NYSCEF DOC. NO. 246
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS: MMESP-6
`ACEY PETTAWAY, Individually, and as Proposed-Administrator of
`the Estate of MARY PETTAWAY, deceased,
`
`INDEX NO. 505382/2021
`RECEIVED NYSCEF: 02/19/2022
`
`RECEIVED NYSCEF: 02/21/2022
`
`INDEX NO. 505382/2021
`
`Plaintiff,
`
`-against -
`
`(NYSCEF CASE)
`INDEX NO. 505382/2021
`
`Hon. Genine D. Edwards
`
`ISRAEL J.
`JACOBOWITZ, M.D.; ZYGMUNT GOLEK, M.D.,
`SATHAPPAN KUMAR, M.D.; WENDY REYNOSO, P.A.; YILAN
`HUANG, P.A.; MARYALICE MOORS, NP; SAU M. PANG, RN;
`HELENE SALTER, RN; ANJELIKA KUVALDINA, RN; KARINE
`ARZOUMANOV, RN; MAIMONIDES MEDICAL CENTER; NEW
`YORK CARDIOTHORACIC SURGEONS, P.C.; THE SCHULMAN
`AND SCHACHNE INSTITUTE FOR NURSING AND
`REHABILITATION, INC.; ONE BROOKLYN HEALTH SYSTEM,
`INC., CENTER FOR NURSING & REHABILITATION INC,;
`CENTERLIGHT HEALTH SYSTEM,
`INC.; DOWNTOWN
`BROOKLYN NURSING AND REHABILITATION CENTER,
`CASSENA CARE, LLC; CASSENA CARE MANAGEMENT
`SERVICES, LLC; CASSENA CARE IPA, LLC; and, PROSPECT
`ACQUISITION I, LLC,
`
`Defendants.
`
`NOTICE OF REJECTION
`
`PLEASE TAKE NOTICE that pursuant to the New York Civil Practice Laws and Rules,
`plaintiff hereby rejects and returns the untimely Verifications of Defendants CASSENA CARE,
`LLC, CASSENA CARE MANAGEMENT SERVICES, LLC, and CASSENA CARE IPA, LLC,
`
`first ostensibly served via email on Friday, February 18, 2022 at 5:28 p.m., marked as rejected.
`
`[Exhibit 1].
`
`1
`
`1 of 5
`
`

`

`FILED: KINGS COUNTY CLERK 02/21/2022 06:03 PM
`NYSCEF DOC. NO. 267
`
`NYSCEF DOC. NO. 246
`
`INDEX NO. 505382/2021
`RECEIVED NYSCEF: 02/19/2022
`
`RECEIVED NYSCEF: 02/21/2022
`
`INDEX NO. 505382/2021
`
`PLEASE TAKE FURTHER NOTICE that this rejection is timely as it is made within 15
`days of receipt of the post-default putative "Combined Discovery Demands." CPLR 2101(f).
`PLEASE TAKE FURTHER NOTICE that the following details and grounds constitute
`plaintiffs "statement of particular objections" pursuant to CPLR 2101(f):
`
`The summons, verified complaint and certificate of merit were timely filed
`via NYSCEF on March 5, 2021. (NYSCEF Docs. 1-3);
`
`1.
`
`On June 3, 2021, in accordance with Limited Liability Company Law 303,
`2.
`defendants Cassena Care, LLC, Cassena Care Management Services, LLC and Cassena Care IPA,
`LLC ("Cassena Care defendants"), were served with process. (NYSCEF Docs. 19-21).
`
`The Affidavits of Service as to the Cassena Care defendants were filed via
`3.
`NYSCEF on June 16, 2021. (NYSCEF Docs. 19-21);
`Pursuant to CPLR 320(a), as the Cassena Care defendant were served via the
`4.
`New York Secretary of State on June 3, 2021 (NYSCEF-Docs. 19-21), they had 30 days from June
`3, 2021, or until July 3, 2021 to appear. As July 3, 2021 fell on a Saturday, and the July 4, 2021
`Independence Day holiday was observed on Monday July 5, 2021, defendant New York
`Cardiothoracic Surgeons, PC had until July 6, 2021 to appear and answer. See Gen. Const. L.
`25-a(1);
`
`On July 16, 2021, after the Cassena Care defendants were already in default
`.5.
`for a failure to timely appear and answer by July 6, 2021 at the request of counsel for the Cassena
`Care defendants, plaintiff agreed to an enlargement of time until August 16, 2021 for the Cassena
`Care defendants to answer the complaint. (NYSCEF-Docs. 113,116,119).
`
`6.
`
`The complaint filed March 5, 2021 was verified. (NYSCEF-Doc. 2).
`
`7.
`shall also be verified. .
`
`As a matter of law, "where a pleading is verified, each subsequent pleading
`33 CPLR 3020(a).
`
`The putative answer as filed on August 16, 2021 (NYSCEF-Doc. 106),
`8.
`pursuant to the stipulated to enlargement of time was not verified.
`
`9.
`
`Pursuant to CPLR 3020(a), the defendant had to verify its answer.
`
`As defendant's counsel is located in the same county that the defendant
`10.
`purports to maintain its principal office, the answer had to be personally verified by an officer of the
`defendant. CPLR 3020(d)(1). See also CPLR 3020(d)(3).
`
`2
`
`2 of 5
`
`

`

`FILED: KINGS COUNTY CLERK 02/21/2022 06:03 PM
`NYSCEF DOC. NO. 267
`
`NYSCEF DOC. NO. 246
`
`INDEX NO. 505382/2021
`RECEIVED NYSCEF: 02/19/2022
`
`RECEIVED NYSCEF: 02/21/2022
`
`INDEX NO. 505382/2021
`
`"A defectively verified pleading shall be treated as an unverified pleading.
`11.
`Where a pleading is served without a sufficient verification in a case where the adverse party is
`entitled to a verified pleading, he may treat it as a nullity, provided he gives notice with due diligence
`to the attorney of the adverse party that he elects so to do." CPLR 3022.
`
`The plaintiff was and remains entitled to a timely verified answer and as the
`12.
`answer filed and served was not verified the plaintiff elected to treat it as a nullity.
`
`OnAugust 17, 2021 the plaintiff, by counsel, acted and gave notice with due
`13.
`diligence to the attorney of the defendant by serving Notice and the rejected pleading within 24-
`hours after service of the unverified answer. (NYSCEF-Docs. 111-119).
`
`On February 13, 2022, given the Cassena Care defendants' failure to
`14.
`interpose a verified answer, and having made no timely effort to remedy their defects, the plaintiff
`cross-moved for a default-judgment against the Cassena Care defendants, in response to an effort
`by the Cassena Care defendants - who had already been the beneficiaries ofpost-initial-default good
`faith and courtesies from the plaintiffs - to dismiss the verified complaint on, at best a waivable
`technicality.
`
`As the Cassena Care defendants' first and only efforts to remedy their
`15.
`defective answers, which placed them in a second default, was made after seeking technical
`dismissal of the complaint and after plaintiff's cross-motion, was already served and filed, the
`plaintiff continues to consider the Cassena Care defendants answers nullities and timely rejects the
`untimely putative verifications within 24-hours of their email service;
`
`After their second default, the Cassena Care defendants did not seek a further
`16.
`extension of time to plead.
`
`The time for the Cassena Care defendants to remedy their defective answers
`17.
`was not granted or extended by stipulation or Court Order.
`
`The Cassena Care defendants never made a motion to extend their time to
`18.
`remedy their rejected defective answers.
`
`The Cassena Care defendants"failed to" timely "plead" within the meaning
`19.
`of CPLR 3215(a) and accordingly remain in default.
`
`'By defaulting, the Cassena Care defendants waived any defenses raisable
`20.
`under CPLR 3211(a) (McGee v Dunn, 75 AD3d 624,625 (2d Dept 2010)), including pursuant to
`CPLR 3211(a)(3) (Robinson v Plaro Estates, Inc.,
`19 AD3d 542,544 (2d Dept 2014), and "admitted
`all the allegations in the complaint." HSBC Bank USA, N.A. v Simms, 163 AD3d 930,932-933 (2d
`Dept 2018).
`
`3
`
`3 of 5
`
`

`

`FILED: KINGS COUNTY CLERK 02/21/2022 06:03 PM
`NYSCEF DOC. NO. 267
`
`NYSCEF DOC. NO. 246
`
`INDEX NO. 505382/2021
`RECEIVED NYSCEF: 02/19/2022
`
`RECEIVED NYSCEF: 02/21/2022
`
`INDEX NO. 505382/2021
`
`21.
`
`Plaintiff does not waive the Cassena Care defendants default.
`
`Plaintiffpreemptively objected to any efforts by the Cassena Care defendants
`22.
`at curing their defective putative answers, already rejected as nullities, by making his "motion for
`leave to enter a default judgment" which "made his objection to the defendants' failure to serve a
`timely answer, brought that objection to the attention of the parties and the court, and could no
`longer be 'deemed' to have waived that objection." Katz v Perl, 22 AD3d 806,807 (2d Dept 2005).
`PLEASE TAKE FURTHER NOTICE that pursuant to the New York Civil Practice Laws
`
`and Rules, based upon the details and grounds set forth herein, supra, constituting plaintiff's
`"statement ofparticular objections" pursuant to CPLR 2101(f), the Cassena Care defendants' post-
`
`default verifications, ostensibly served via email after 5:00 pm on Friday, February 18, 2022, are
`
`timely rejected in their entirety pursuant to CPLR 3022 and 2101(f).
`
`Dated: February 19, 2022
`
`To
`
`(Via NYSCEF)
`
`Clerk of the Court
`Supreme Court, Kings County
`360 Adams Street
`Brooklyn, NY 11201
`
`a
`
`-
`
`Yours, etc.
`The Law Firm of Ravi Batra, P.C.
`Attorneysfor Plaintiff,
`fo
`fe A, OCite
`Todd B. Sherman
`Westchester Office - Echo Law
`11 Echo Bay Drive
`New Rochelle, NY 10805
`(212) 545-1993
`E-mail: todd@ravibatralaw.com
`
`4
`
`4 of 5
`
`

`

`INDEX NO. 505382/2021
`RECEIVED NYSCEF: 02/19/2022
`
`RECEIVED NYSCEF: 02/21/2022
`
`INDEX NO. 505382/2021
`
`FILED: KINGS COUNTY CLERK 02/21/2022 06:03 PM
`NYSCEF DOC. NO. 267
`
`NYSCEF DOC. NO. 246
`
`(Via E-Mail and NYSCEF)
`Goldberg Segalla LLP
`Attorneysfor Defendants Cassena Care, LLC,
`Cassena Care Management Services, LLC,
`Cassena Care IPA, LLC and Prospect Acquisition I, LLC
`d/b/a Downtown Brooklyn Nursing and Rehabilitation Center
`200 Garden City Plaza, Suite 520
`Garden City, NY 11530
`Mailing Address: PO Box 780, Buffalo, NY 14201
`(516) 281-9800
`Edward V. Schwendemann, Esq.
`Att:
`(eschwendemann@goldbergsegalla.com)
`
`Aaronson Rappaport Feinstein and Deutsch, LLP
`Attorneysfor Defendants IsraelJ Jacobowitz, MD,
`and Maryalice Moors, NP; Still Attorneysfor
`Defendants Zygmunt Golek MD, Wendy Reynoso PA,
`Yilan Huang PA, Sau M. Pau, RN, and,
`Karine Arzoumanov RN pursuant to CPLR 321(b)(1);
`Attorneys First Appearingfor Defaulting Defendant
`New York Cardiothoracic Surgeons, PC on February 8, 2022
`600 Third Avenue
`New York, NY 10016
`(212) 593-6700
`Att:
`Philip Lerner, Esq. (pdlerner@arfd.com)
`Dawn Adelson, Esq. (daadelson@arfdlaw.com)
`Helen Tsibelman, Esq. (hetsibelman@arfdlaw.com)
`
`McAloon & Friedman, P.C
`New Attorneysfor Defendant Maimonides Medical Center;
`Attorneysfor Late Appearing Defendant Helene Salter, RN;
`Putative Attorneysfor Defendants Zygmunt Golek MD,
`Wendy Reynoso PA, Yilan Huang PA, Sau M. Pau, RN,
`Karine Arzoumanoy RN;
`One State Street Plaza, 23rd Floor
`New York, NY 10004
`(212) 732-8700
`Att: Mark P. Sullivan, Esq. (marksullivan@mcf-esq.com)
`Laura R. Shapiro, Esq. (laurashapiro@mcf-esq.com)
`Julia Sobolev, Esq. (juliasobolev@mcf-esq.com)
`Frank Melendez, Esq. (frankmelendez@mcf-esq.com)
`
`5
`
`5 of 5
`
`

`

`FILED: KINGS COUNTY CLERK 02/19/2022 05:06 PM
`NYSCEF DOC. NO. 247
`
`FILED: KINGS COUNTY CLERK 02/29/2022 05:08 PM
`FILED: KINGS COUNTY CLERK 02/21/2022 06:03 PM
`NYSCEF DOC. NO. 267
`NYSCEF DOC. NO. 247
`
`INDEX NO. 505382/2021
`RECEIVED NYSCEF: 02/19/2022
`
`INDEX NO. 505382/2021
`INDEX NO. 505382/2021
`RECEIVED NYSCEF: 02/21/2022
`RECEIVED NYSCEF: 02/22/2022
`
`EXHIBIT 1
`EXHIBIT |
`
`

`

`FILED: KINGS COUNTY CLERK 02/19/2022 05:06 PM
`NYSCEF DOC. NO. 247
`
`FILED: KINGS COUNTY CLERK 02/21/2022 06:03 PM
`NYSCEF DOC. NO. 267
`
`INDEX NO. 505382/2021
`RECEIVED NYSCEF: 02/19/2022
`
`RECEIVED NYSCEF: 02/21/2022
`
`INDEX NO. 505382/2021
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`x
`ACEY PETTAWAY, Individually and as Proposed-
`Administrator of the Estate of MARY PETTAWAY, deceased,
`
`-
`
`VERIFICATION
`
`Plaintiff,
`
`No.: 5053822021
`
`-against -
`ISRAEL J. JACOBOWITZ, M.D.; ZYGMUNT GOLEK,
`SATHAPPAN KUMAR, M.D.; WENDY REYNOSO, BAN
`YILAN HUANG, P.A.; MARY ALICE MOORS, N
`U
`PAN, RN; HELENE SALTER, RN; ANJELIKA
`KUVALDINA, RN; KARINE ARZOUMANO
`MAIMONIDES MEDICAL CENTER; NEW ORK
`CARDIOTHORACIC SURGEONS, P.Cy
`SCHUL
`AND SCHACHNE INSTITUTE F0RMURSNG AND
`REHABILITATION, INC.; ONE BROOKLYN HEALTH
`SING &
`SYSTEM, INC., CENTER FOR
`REHABILITATION INC.; CRNTERLIGHT HEAL
`YN NU
`BR
`G AND
`SYSTEM, INC.; DOWNT,
`LC:
`REHABILITATION
`CASS
`CASSENA CARE
`AGEM}#FI SERVICES, LC:
`CASSENA C
`d PROSPECT ACQUISITION
`I, LLC,
`
`IP
`
`Defendants.
`
`TE OFEW 4
`OF NASSAU )
`
`SS.i
`
`LA BELLIZZI, being duly sworn, deposes and says that she is General Counsel
`or eaSSENA CARE, LLC, a defendant named in the within entitled action; that she has read
`the Verified Answer to Verified Complaint, and knows the contents thereof; and that the same is
`
`true to her own knowledge, except as to the matters therein stated to be alleged upon information
`
`and belief, and to those matters she believes it to be true.
`
`GOLDBERG SEGALLA LLP
`200 Garden City Plaza, Suite 520
`Garden City, New York 11530
`
`32452872.v1
`
`

`

`FILED: KINGS COUNTY CLERK 02/19/2022 05:06 PM
`NYSCEF DOC. NO. 247
`
`FILED: KINGS COUNTY CLERK 02/21/2022 06:03 PM
`NYSCEF DOC. NO. 267
`
`INDEX NO. 505382/2021
`RECEIVED NYSCEF: 02/19/2022
`
`RECEIVED NYSCEF: 02/21/2022
`
`INDEX NO. 505382/2021
`
`By:
`Angela Beliizzi
`CASSENA CARE, LLC
`
`Subscrib
`this
`
`and sworn to before me
`day of February, 2022
`
`Notary Public
`
`Somrassion Expres September 26. on &¢
`
`Wer Gi
`Qualities)
`
`ci Mew
`
`County
`
`GOLDBERG SEGALLA LLP
`200 Garden City Plaza/Suite 520
`Garden City, New York 11530
`
`32452872.v1
`
`2
`
`

`

`FILED: KINGS COUNTY CLERK 02/19/2022 05:06 PM
`NYSCEF DOC. NO. 247
`
`FILED: KINGS COUNTY CLERK 02/21/2022 06:03 PM
`NYSCEF DOC. NO. 267
`
`INDEX NO. 505382/2021
`RECEIVED NYSCEF: 02/19/2022
`
`RECEIVED NYSCEF: 02/21/2022
`
`INDEX NO. 505382/2021
`
`EON
`
`ex No.: 5053822021
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`X
`ACEY PETTAWAY, Individually and as Proposed-
`Administrator of the Estate ofMARY PETTAWAY, deceased,
`
`Plaintiff,
`
`-against-
`ISRAEL J. JACOBOWITZ, M.D.; ZYGMUNT GOLEK,
`SATHAPPAN KUMAR, M.D.; WENDY REYNOSO, BAN
`YILAN HUANG, P.A.; MARY ALICE MOORS, N
`PAN, RN; HELENE SALTER, RN; ANJELIKA
`KUVALDINA, RN; KARINE ARZOUMANQ
`MAIMONIDES MEDICAL CENTER; NEW WORK
`CARDIOTHORACIC SURGEONS,
`SCHUL
`AND SCHACHNE INSTITUTE FORAB@RSING AND
`REHABILITATION, INC.; ONE
`HEALTH
`SYSTEM, INC., CENTER FOR N
`SING &
`TE
`GHT HEA
`REHABILITATION INC.;
`BROWKLYNN
`ING AND
`SYSTEM, INC.; DOWN
`REHABILITATION C
`LLC
`ER,
`AGEMT SERV
`CASSENA CARE
`S LLC;
`CASSENA CA
`d PROSBECT ACQUISITION
`I, LLC,
`
`;
`
`Defendants.
`
`TE OFNEW
`
`OF
`
`SS.
`
`)
`
`LA BELLIZZI, being duly sworn, deposes and says that she is General Counsel
`for CASSENA CARE MANAGEMENT SERVICES, LLC, a defendant named in the within
`
`entitled action; that she has read the Verified Answer to Verified Complaint, and knows the
`
`contents thereof; and that the same is true to her own knowledge, except as to the matters therein
`
`stated to be alleged upon information and belief, and to those matters she believes it to be true.
`
`GOLDBERG SEGALLA LLP
`200 Garden City Piaza/Suite 520
`Garden City, New York 11530
`
`32452872.v1
`
`3
`
`

`

`FILED: KINGS COUNTY CLERK 02/19/2022 05:06 PM
`NYSCEF DOC. NO. 247
`
`FILED: KINGS COUNTY CLERK 02/21/2022 06:03 PM
`NYSCEF DOC. NO. 267
`
`INDEX NO. 505382/2021
`RECEIVED NYSCEF: 02/19/2022
`
`RECEIVED NYSCEF: 02/21/2022
`
`INDEX NO. 505382/2021
`
`KES
`
`ABy:
`
`Angela
`CASSE
`CARE MANAGEMENT
`SERVICES, LLC
`
`Subscribed and sworn to before me
`?5__ day of February, 2022
`this
`
`Notary Public
`
`VERONICA MARTINEZ
`Notary Public. Stale of Naw York
`No 0146134214
`Qualified in Hlassau County Q5
`26, 20
`
`L
`
`GOLDBERG SEGALLA LLP
`200 Garden City Plaza/Suite 520
`Garden Clty, New York 11530
`
`32452872.v1
`
`4
`
`

`

`FILED: KINGS COUNTY CLERK 02/19/2022 05:06 PM
`NYSCEF DOC. NO. 247
`
`FILED: KINGS COUNTY CLERK 02/21/2022 06:03 PM
`NYSCEF DOC. NO. 267
`
`INDEX NO. 505382/2021
`RECEIVED NYSCEF: 02/19/2022
`
`RECEIVED NYSCEF: 02/21/2022
`
`INDEX NO. 505382/2021
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`ACEY PETTAWAY, Individually and as Proposed-
`Administrator of the Estate ofMARY PETTAWAY, deceased,
`
`X
`
`Plaintiff,
`
`VERIFICATION
`R
`
`x No.: 5053822021
`
`>
`
`-against-
`ISRAEL J. JACOBOWITZ, M.D.; ZYGMUNT GOLEK,
`SATHAPPAN KUMAR, M.D.; WENDY REYNOSO, BAN
`YILAN HUANG, P.A.; MARY ALICE MOORS, N
`PAN, RN; HELENE SALTER, RN; ANJELIKA
`KUVALDINA, RN; KARINE ARZOUMANO
`MAIMONIDES MEDICAL CENTER; NEW RK
`CARDIOTHORACIC SURGEONS,
`SCHUL
`AND SCHACHNE INSTITUTE FOR2URSNG AND
`REHABILITATION, INC.; ONE BROOKLYN HEALTH
`SYSTEM, INC., CENTER FOR NURSING &
`TERIGHT HEAL
`REHABILITATION INC.;
`BRO@RLYN NU ING AND
`SYSTEM, INC.; DOWN
`REHABILITATION C
`SERVICES, LLC
`CASSENA CARE
`d PROS CT ACQUISITION
`CASSENA CA
`I, LLC,
`
`ER,
`
`Defendants.
`
`x
`
`TE OFAEW
`
`SS.?
`
`OF NA@PAU )
`
`'LA BELLIZZI, being duly sworn, deposes and says that she is General Counsel
`for CA SENA CARE IPA, LLC, a defendant named in the within entitled action; that she has
`
`read the Verified Answer to Verified Complaint, and knows the contents thereof; and that the
`
`same is true to her own knowledge, except as to the matters therein stated to be alleged upon
`
`information and belief, and to those matters she believes it to be true.
`
`GOLDBERG SEGALLA LLP
`200 Garden City Plaza/Suile 520
`Garden City, New York 11530
`
`32452872.v1
`
`5
`
`

`

`FILED: KINGS COUNTY CLERK 02/19/2022 05:06 PM
`NYSCEF DOC. NO. 247
`
`FILED: KINGS COUNTY CLERK 02/21/2022 06:03 PM
`NYSCEF DOC. NO. 267
`
`INDEX NO. 505382/2021
`RECEIVED NYSCEF: 02/19/2022
`
`RECEIVED NYSCEF: 02/21/2022
`
`INDEX NO. 505382/2021
`
`Angela Bell zi
`CASSENA @ARE IPA, LLC
`
`Subscribed and sworn to before me
`day of February, 2022
`this
`
`Notary Public
`
`VERONICA MARTINEZ
`Notary Public, State ef New York
`No. 01MA6134214
`Quatitic a in Nassau County
`
`Sentamber 26, 20_4©
`
`GOLDBERG SEGALLA LLP
`200 Garden City Plaza/Sulte 520
`Garden City, New York 11530
`
`32452872.v1
`
`6
`
`

`

`FILED: KINGS COUNTY CLERK 02/21/2022 06:03 PM
`NYSCEF DOC. NO. 267
`
`NYSCEF DOC. NO. 248
`
`INDEX NO. 505382/2021
`RECEIVED NYSCEF: 02/19/2022
`
`RECEIVED NYSCEF: 02/21/2022
`
`INDEX NO. 505382/2021
`
`AFFIRMATION OF SERVICE
`
`Todd B. Sherman, duly admitted to practice law in the courts of New York, affirms the
`following under penalties ofperjury, pursuant to CPLR 2106(a): On February 19, 2022, prior, and
`in addition to service via NYSCEF, I caused to be served true copies of Plaintiffs NOTICE OF
`REJECTION with attached untimely verifications of CASSENA CARE, LLC, CASSENA CARE
`MANAGEMENT SERVICES, LLC, and CASSENA CARE IPA, LLC, via email, by transmitting
`same to the email addresses of the following, as designated for that purpose:
`
`1.
`il.
`ili.
`iv.
`
`Vi.
`vii.
`viii.
`
`eschwendemann@goldbergsegalla.com
`pdlerner@arfd.com
`daadelson@arfdlaw.com
`hetsibelman@arfdlaw.com
`marksullivan@mcf-esq.com
`laurashapiro@mcef-esq.com
`juliasobolev@mcf-esq.com
`frankmelendez@mcf-esq.com
`
`Consistent with CPLR 2103(b)(7), the subject line of the email alerted the recipients that the
`communication was related to a court proceeding. Additionally, no error messages or returns of the
`email were received or experienced. A true copy of the email is appended hereto and made a part
`hereof.
`
`Email was the proper means of service of Notice of Rejection and return of the rejected
`verifications, as the rejected verifications were served by email on February 18, 2022. Accordingly,
`they were returned in the same manner in which they were received.
`
`No other party or entity has appeared or is otherwise known to be entitled to service of the within
`papers.
`
`Dated: February 19, 2022
`
`fn
`Todd B. Sherman
`
`1 of 2
`
`

`

`FILED: KINGS COUNTY CLERK 02/21/2022 06:03 PM
`NYSCEF DOC. NO. 267
`
`INDEX NO. 505382/2021
`NYSCEF DOC. NO. 248
`RECEIVED NYSCEF: 02/19/2022
`Pettaway v Jacobowitz, et. al.; Kings County Index No, 505382/2021 (related to a court
`case)
`Todd Sherman <todd@ravibatralaw.com>
`Sat 2/19/2022 4:47 PM
`To: Schwendemann, Edward V. <eschwendemann@goldbergsegalla.com>; pdlerner@arfd.com <pdlerner@arfd.com>;
`daadelson@arfdlaw.com <daadelson@arfdlaw.com>; hetsibelman@arfdlaw.com <hetsibelman@arfdlaw.com>; Mark Sullivan
`<marksullivan@mcf-esq.com>; Laurashapiro@mcf-esq.com <Laurashapiro@mcf-esq.com>; Juliasobolev@mcf-esq.com
`<juliasobolev@mcf-esq.com>; FrankMelendez@MCF-ESQ.COM <frankmelendez@mcf-esq.com>
`
`INDEX NO. 505382/2021
`
`RECEIVED NYSCEF: 02/21/2022
`
`1 attachments (632 KB)
`02192022PettawayRejectLateCassenaVerifications.pdf;
`
`Edward,
`
`Attached as a PDF please find a Notice of Rejection and the untimely, post-default-judgment motion
`verifications from the Cassena Care defendants you emailed yesterday, returned to you marked as
`rejected.
`
`Best regards,
`
`Todd B. Sherman
`The Law Firm of Ravi Batra, P.C.
`The Batra Building
`142 Lexington Avenue
`New York, NY 10016
`(212) 545-1993
`Fax: (212) 545-0967 (not valid for service)
`
`IRS CIRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the Internal Revenue Service,
`we inform you that any United States federal tax advice contained in this communication (including any attachments)
`is not intended, or written, to be used, and cannot be used for the purpose of (i) avoiding penalties under the
`Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter
`addressed herein.
`
`INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL. IF YOU ARE NOT
`THE INTENDED RECIPIENT OF THIS EMAIL, PLEASE NOTIFY US IMMEDIATELY, DELETE IT AND DO NOT USE OR
`FURTHER DISSEMINATE SUCH INFORMATION.
`
`From: Schwendemann, Edward V. <eschwendemann@goldbergsegalla.com>
`Sent: Friday, February 18, 2022 5:24 PM
`To: Todd Sherman <todd@ravibatralaw.com>; Philip D. Lerner <pdlerner@arfdlaw.com>; FrankMelendez@MCF-
`ESQ.COM <FrankMelendez@MCF-ESQ.COM>
`Cc: Rivera, Nuris M. <nrivera@goldbergsegalla.com>; Schwendemann, Edward V.
`<eschwendemann@goldbergsegalla.com>
`Subject: Peaway Mary v Downtown - Answer Verificaons
` 
`Todd,
`
`Aached please find the verificaons to the Answers previously filed with respect to Cassena Care, LLC,
`Cassena Care Management Services, LLC and Cassena Care IPA, LLC.
`
`
`2 of 2
`
`

`

`FILED: KINGS COUNTY CLERK 02/21/2022 06:03 PM
`NYSCEF DOC. NO. 267
`NYSCEF Confirmation Notice
`Kings County Supreme Court
`The NYSCEF website has received an electronic filing on 02/19/2022 05:06 PM. Please keep this notice
`as a confirmation of this filing.
`505382/2021
`Acey Pettaway v. Israel J Jacobowitz M.D. et al
`Assigned Judge: Medical Malpractice Early Settlement 6
`
`INDEX NO. 505382/2021
`
`RECEIVED NYSCEF: 02/21/2022
`
`Documents Received on
`Doc #
`Document Type
`246
`NOTICE OF REJECTION
`
`02/19/2022 05:06 PM
`
`247
`
`248
`
`EXHIBIT(S) 1
`
`AFFIRMATION/AFFIDAVIT OF SERVICE
`
`Filing User
`Ravi Batra | ravi@ravibatralaw.com | (212) 545-1993
`142 Lexington Avenue, New York, NY 10016
`
`E-mail Notifications
`An email regarding this filing has been sent to the following on 02/19/2022 05:06 PM:
`
`DAWN A. ADELSON - daadelson@arfdlaw.com
`Ravi Batra - ravi@ravibatralaw.com
`PHILIP D. LERNER - pdlerner@arfd.com
`FRANK MELENDEZ - FrankMelendez@MCF-ESQ.COM
`EDWARD V. SCHWENDEMANN - eschwendemann@goldbergsegalla.com
`LAURA R. SHAPIRO - Laurashapiro@mcf-esq.com
`JULIA SOBOLEV - Juliasobolev@mcf-esq.com
`MARK P. SULLIVAN - marksullivan@mcf-esq.com
`HELEN E. TSIBELMAN - hetsibelman@arfdlaw.com
`
`Hon. Nancy T. Sunshine, Kings County Clerk and Clerk of the Supreme Court - kcco-efile@nycourts.gov
`Phone: Phone: 347-404-9766 or 347-404-9762 Website: https://www.nycourts.gov/courts/2jd/kingsclerk/index.shtml
`
`NYSCEF Resource Center, nyscef@nycourts.gov
`Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile
`Page 1 of 2
`
`

`

`FILED: KINGS COUNTY CLERK 02/21/2022 06:03 PM
`NYSCEF DOC. NO. 267
`NYSCEF Confirmation Notice
`Kings County Supreme Court
`
`INDEX NO. 505382/2021
`
`RECEIVED NYSCEF: 02/21/2022
`
`505382/2021
`Acey Pettaway v. Israel J Jacobowitz M.D. et al
`Assigned Judge: Medical Malpractice Early Settlement 6
`
`Email Notifications NOT Sent
`
`Role
`Respondent
`
`Party
`Sathappan Kumar
`
`Attorney
`No consent on record.
`
`Respondent
`
`Anjelika Kuvaldina
`
`No consent on record.
`
`Respondent
`
`Respondent
`
`Respondent
`
`Respondent
`
`The Schulman and
`Schachne Institute for
`One Brooklyn Health
`System, Inc.
`Center for Nursing &
`Rehabilitation Inc.
`Centerlight Health System,
`Inc.
`
`No consent on record.
`
`No consent on record.
`
`No consent on record.
`
`No consent on record.
`
`* Court rules require hard copy service upon non-participating parties and attorneys who have opted-out or declined
`consent.
`
`Hon. Nancy T. Sunshine, Kings County Clerk and Clerk of the Supreme Court - kcco-efile@nycourts.gov
`Phone: Phone: 347-404-9766 or 347-404-9762 Website: https://www.nycourts.gov/courts/2jd/kingsclerk/index.shtml
`
`NYSCEF Resource Center, nyscef@nycourts.gov
`Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile
`Page 2 of 2
`
`