Schoolcraft v. The City Of New York et al

Filing 406

REPLY AFFIRMATION of Brian E. Lee (declaration) in Support re: 366 AMENDED MOTION for Summary Judgment and other relief.. Document filed by Isak Isakov. (Lee, Brian)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ADRIAN SCHOOLCRAFT,

10CV6005(RSW)

Plaintiff,
-against-

DECLARATION OF
BRIAN E. LEE IN REPLY TO
PLAINTIFF’S OPPOSITION

THE CITY OF NEW YORK, DEPUTY CHIEF MICHAEL
MARINO, Tax Id. 873220, Individually and in his Official
Capacity, ASSISTANT CHIEF PATROL BOROUGH
BROOKLYN NORTH GERALD NELSON, Tax Id. 912370,
Individually and in his Official Capacity, DEPUTY
INSPECTOR STEVEN MAURIELLO, Tax Id. 895117,
Individually and in his Official Capacity, CAPTAIN
THEODORE LAUTERBORN, Tax Id. 897840, Individually and
in his Official Capacity, LIEUTENANT JOSEPH GOFF, Tax Id.
894025, Individually and in his Official Capacity, SGT
FREDERICK SAWYER, Shield No. 2576, Individually and in
his Official Capacity, SERGEANT KURT DUNCAN, Shield No.
2483, Individually and in his Official Capacity, LIEUTENANT
CHRISTOPHER BROSCHART, Tax Id. 915354, Individually
and in his Official Capacity, LIEUTENANT TIMOTHY
CAUGHEY, Tax Id. 885374, Individually and in his Official
Capacity, SERGEANT SHANTEL JAMES, Shield No. 3004, and
P.O.’s “JOHN DOE” #1-50, Individually and in their Official
Capacity (the name John Doe being fictitious, as the true names
are presently unknown) (collectively referred to as “NYPD
defendants”), JAMAICA HOSPITAL MEDICAL CENTER, DR.
ISAK ISAKOV, Individually and in his Official Capacity, DR.
LILIAN ALDANA-BERNIER, Individually and in her Official
Capacity and JAMAICA HOSPITAL MEDICAL CENTER
EMPLOYEE’S “JOHN DOE # 1-50, Individually and in their
Official Capacity (the name John Doe being fictitious, as the
true names are presently unknown),
Defendants.
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BRIAN E. LEE, declares the following pursuant to 28 USC §1746, under penalty of
perjury:

That I am a Member of Ivone, Devine & Jensen, LLP, the attorneys for the defendant
ISAK ISAKOV, M.D., and am fully familiar with the facts and circumstances of this action
by virtue of a review of the file in my office.
That this Declaration is submitted in support of the instant motion for an Order
granting the defendant ISAK ISAKOV, M.D. summary judgment dismissing all federal
claims pleaded against Dr. Isakov pursuant to Rule 56 of the Federal Rules of Civil
Procedure upon the grounds that there is no “state action” providing jurisdiction for this
Court; for a further order granting summary judgment dismissing the claim pleaded for
intentional infliction of emotional distress; and for an Order from this Court declining to
exercise supplemental jurisdiction over plaintiff’s pendent state law claim; and for such
other and further relief as may be just and proper.
This Declaration is submitted in reply to the opposition papers of the plaintiff.
Attached hereto are the following Exhibits:
Exhibit H:

Certified transcript of meeting between Adrian Schoolcraft, his

father Larry Schoolcraft, Sgt. Chu on the NYPD Internal Affairs Bureau, Dr. Isakov and
Social Worker Christine McMahon (to be filed under seal).
WHEREFORE, defendant ISAK ISAKOV, M.D. respectfully requests that the motion
for summary judgment dismissing the complaint, and for the other requested relief, be
granted in its entirety.
Dated:

Lake Success, New York
March 5, 2015

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Yours, etc.,
IVONE, DEVINE & JENSEN, LLP
/s/ Brian E. Lee
By:
BRIAN E. LEE (9495)
Attorneys for Defendant
ISAK ISAKOV, M.D.
2001 Marcus Avenue, Suite N100
Lake Success, New York 11042
[phone]

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