Judy May v. Glens Falls National Bank, EF2018-66105, 48 (N.Y. Sup. Ct., Warren County May. 4, 2020) (2024)

FILED: WARREN COUNTY CLERK 05/04/2020 05:27 PM
`NYSCEF DOC. NO. 48
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`INDEX NO. EF2018-66105
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`RECEIVED NYSCEF: 05/05/2020
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` Exhibit Q
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`FILED: WARREN COUNTY CLERK 05/04/2020 05:27 PM
`NYSCEF DOC. NO. 48
`
`INDEX NO. EF2018-66105
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`RECEIVED NYSCEF: 05/05/2020
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`From: Matthew J. Mann [mailto:mmann@mannlawpc.com]
`Sent: Wednesday, April 22, 2020 7:39 PM
`To: Jemal, Joshua
`Cc: Romano, Dominique; Whiteley, Darrell
`Subject: [EXT] RE: Judy May v Glens Falls National Bank - Index No. EF2018-66105
`
`
`Josh,
`I want to acknowledge receipt of your email. After our conversation, I drove over to my office as seemed
`puzzled when I indicated that I had rejected the late filed Notice of Appearance and could not access it
`from my remote location. Annexed please find a copy of the letter transmitted to your firm on August
`28, 2019. I am also including the October 4. 2019 email sent upon receipt of discovery demands.
`The case has been quiet frustrating because your client or at least the insurance carrier has been jerking
`me around for more than three years. Dominique has been a pleasure to deal with and I don’t want to
`throw her under the bus as I express my discontent. It is probably best that we look forward and not
`back. But that requires your client, whichever entity you identify as your client, to demonstrate good
`faith. It has not.
`In the interest of looking forward, I have annexed a copy of a letter I am about to send to the Court
`regarding the default deadline. Unkind but truthful thing are often expressed during motion practice
`which might inhibit the good feelings we hope to foster in the settlement process. Needless to say, I do
`hope that you join me in the application or at least that you refrain from opposing it.
`I do continue to decline your request for a Complaint. It is not timely nor proper and I cannot waive my
`client’s rights by doing so. Your clients bad behavior should not be rewarded . (Remember that your
`client’s first attorney made outreach to this office on June 11, 2019; so the default is not of your doing).
`That being said, put some additional money on the table as a floor offer, and if it is enough, I will
`consider a change in my position. Quite frankly, if it is enough, then we would likely settle and a
`complaint would be unnecessary.
`I am willing to consider additional exchange of information however if it is going to occur, it is going to
`happen less formally that responses to discovery demands or a BOP. Your client lost that right. I am
`again attaching the medical records I sent to Dominique in September. I hope those help.
`I am going to put the good faith in your corner. I have been asking for the video of the fall for a year.
`Send it to me. Let me see if there is any merit to your contentions. It may make me more flexible. At the
`same time, you have to get your client on board with some additional money. I ran your offer by a
`others in the insurance industry, just in case I was overvaluing the claim. Their descriptors of your client
`and its offer were less than kind; let is suffice to say that they felt your best offer reflected poorly on the
`entire industry.
`I recall a negotiations professor in law school discussing the PIG THEORY of negotiations. In the end, and
`in every scenario, the pig ended up slaughtered. Tell your client not to be a pig. Its really bad to try to
`bully an elderly woman.
`I will await your gesture of good faith and anxiously await your next offer and a copy of the video.
`Stay safe and healthy.
`Matt
`Matthew J. Mann, Esq.
`Mann Law Firm, P.C.
`426 Troy Schenectady Road
`Latham, New York 12110
`(518)785.3300 (P)
`(518)783.5691 (F*)
`
`

`FILED: WARREN COUNTY CLERK 05/04/2020 05:27 PM
`NYSCEF DOC. NO. 48
`
`INDEX NO. EF2018-66105
`
`RECEIVED NYSCEF: 05/05/2020
`
`
`* Electronic Service NOT accepted without PRIOR approval.
`This email may contain CONFIDENTIAL INFORMATION which may also be LEGALLY PRIVILEGED and is intended only for the use of the
`addressee(s) named above. If you are not the intended recipient of this email or the employee or agent responsible for delivering it to the
`intended recipient, you are hereby notified that any reliance upon or dissemination or copying of this email and attachments is prohibited. If
`you have received this email in error, please notify us immediately by telephone at (518)785.3300 and return the original to us at our postal
`address listed above. Thank you.
`From: Jemal, Joshua
`Sent: Wednesday, April 22, 2020 2:10 PM
`To: Matthew J. Mann
`Cc: Romano, Dominique ; Whiteley, Darrell
`Subject: RE: Judy May v Glens Falls National Bank - Index No. EF2018-66105
`Importance: High
`Hi Matt,
`Thank you for taking the time to speaking with us this afternoon regarding this matter. We do
`appreciate your interest in attempting an early resolution on this case and we share your belief that this
`case is a good candidate to be resolved sooner rather than later. We have spoken with our client in
`attempt to move forward toward this goal. However, at this time, while we have some authority to
`discuss on potential resolution, we do not have the level of authority that you are seeking. Our client has
`not yet been given enough information to evaluate both the liability and the damages aspects of this
`case yet. Even with your proposed ADR we do not have enough authority to meet the lower level of your
`proposed high/low.
`At this time we request that you send us a complaint, and follow our answer with a bill of particulars and
`some initial records to be reviewed. We will send you a demand for a bill of particulars with our answer
`so you have the inquiries we seek to obtain responses to. Please also confirm whether your client is still
`treating for the injuries alleged. Additionally, as discussed, the carpet that your client allegedly tripped
`upon was just days old at the time of this incident, can you please articulate what the alleged
`defect/hazard was and whether there is any evidence of notice to our client with respect to said
`condition.
`We will continue to update our evaluation on this matter to our client to see whether we can reach an
`agreement as to a value on this case what might work for both parties. In the mean time we need this
`information from you to try to get this case evaluated.
`We look forward to working with you on this case and hope for a quick resolution.
`Have a great day, stay safe and healthy!
`Josh
`From: Matthew J. Mann [mailto:mmann@mannlawpc.com]
`Sent: Tuesday, April 21, 2020 5:51 PM
`To: Jemal, Joshua
`Cc: Romano, Dominique; Whiteley, Darrell
`Subject: [EXT] RE: Judy May v Glens Falls National Bank - Index No. EF2018-66105
`Sent this over as the response. Here it is again:
`Josh,
`Again, ordinarily, I would be happy to set up the zoom conference. This Covid crisis has forced me to
`learn to share my toys and the sandbox in general. Currently my staff is dispersed around the state and
`with them are our “spare” cameras and video equipped computers, leaving me to share the one in the
`
`

`FILED: WARREN COUNTY CLERK 05/04/2020 05:27 PM
`NYSCEF DOC. NO. 48
`
`INDEX NO. EF2018-66105
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`RECEIVED NYSCEF: 05/05/2020
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`house with my better half. Unfortunately, she is an upper level administrator at the State University (U
`Albany); her colleagues at the school, SUNY system and the governor’s office have been monopolizing
`our screen availability.
`This time, we have to talk on the phone but next time we shall talk face to face. And when the crisis is
`over and our case neatly settled, I look forward to raising a glass together in person.
`Matt
`Matthew J. Mann, Esq.
`Mann Law Firm, P.C.
`426 Troy Schenectady Road
`Latham, New York 12110
`(518)785.3300 (P)
`(518)783.5691 (F*)
`
`
`* Electronic Service NOT accepted without PRIOR approval.
`This email may contain CONFIDENTIAL INFORMATION which may also be LEGALLY PRIVILEGED and is intended only for the use of the
`addressee(s) named above. If you are not the intended recipient of this email or the employee or agent responsible for delivering it to the
`intended recipient, you are hereby notified that any reliance upon or dissemination or copying of this email and attachments is prohibited. If
`you have received this email in error, please notify us immediately by telephone at (518)785.3300 and return the original to us at our postal
`address listed above. Thank you.
`From: Jemal, Joshua
`Sent: Tuesday, April 21, 2020 5:41 PM
`To: Matthew J. Mann <mmann@mannlawpc.com>
`Cc: Romano, Dominique <Dominique.Romano@lewisbrisbois.com>; Whiteley, Darrell
`<Darrell.Whiteley@lewisbrisbois.com>
`Subject: RE: Judy May v Glens Falls National Bank - Index No. EF2018-66105
`Importance: High
`Hi Matt,
`I sent you a calendar invitation for a meeting via Zoom video conference. Let me know if that isn’t good
`for you and I will circulate a call in number.
`Thanks,
`Josh
`From: Matthew J. Mann [mailto:mmann@mannlawpc.com]
`Sent: Tuesday, April 21, 2020 4:33 PM
`To: Jemal, Joshua
`Cc: Romano, Dominique; Whiteley, Darrell
`Subject: [EXT] RE: Judy May v Glens Falls National Bank - Index No. EF2018-66105
`Josh
`I generally agree but I am going to have to handle this one as a conference call tomorrow as my location
`is not a certainty at the moment. I am working these days from three remote locations which have
`varying amounts of screen access and I dislike zoom on the tiny phone screen; it feels too much like
`teenagers on facetime.
`I did put it in the meeting in my calendar. Give my office a call and they will connect us where ever I may
`be.
`I look forward to our conversation
`Matt
`Matthew J. Mann, Esq.
`
`

`FILED: WARREN COUNTY CLERK 05/04/2020 05:27 PM
`NYSCEF DOC. NO. 48
`
`INDEX NO. EF2018-66105
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`RECEIVED NYSCEF: 05/05/2020
`
`Mann Law Firm, P.C.
`426 Troy Schenectady Road
`Latham, New York 12110
`(518)785.3300 (P)
`(518)783.5691 (F*)
`
`
`* Electronic Service NOT accepted without PRIOR approval.
`This email may contain CONFIDENTIAL INFORMATION which may also be LEGALLY PRIVILEGED and is intended only for the use of the
`addressee(s) named above. If you are not the intended recipient of this email or the employee or agent responsible for delivering it to the
`intended recipient, you are hereby notified that any reliance upon or dissemination or copying of this email and attachments is prohibited. If
`you have received this email in error, please notify us immediately by telephone at (518)785.3300 and return the original to us at our postal
`address listed above. Thank you.
`From: Jemal, Joshua
`Sent: Tuesday, April 21, 2020 4:10 PM
`To: Matthew J. Mann <mmann@mannlawpc.com>
`Cc: Romano, Dominique <Dominique.Romano@lewisbrisbois.com>; Whiteley, Darrell
`<Darrell.Whiteley@lewisbrisbois.com>
`Subject: RE: Judy May v Glens Falls National Bank - Index No. EF2018-66105
`Hi Matt,
`Tomorrow at 1:30 works for me, if it’s okay with Dominique I will send around a calendar invitation. Are
`you able to do an internet meeting via Zoom? I can send around a call in number, but I find the Zoom
`meetings to be more fluid. Please let me know if Zoom will work for you and I’ll send a link with my
`calendar invitation.
`Have a great day,
`Josh
`From: Matthew J. Mann [mailto:mmann@mannlawpc.com]
`Sent: Tuesday, April 21, 2020 3:59 PM
`To: Jemal, Joshua
`Cc: Romano, Dominique; Whiteley, Darrell
`Subject: [EXT] RE: Judy May v Glens Falls National Bank - Index No. EF2018-66105
`
`External Email
`
`Mr. Jemal,
`Thank you for your outreach. I would love to talk about this further with you. Can you do 1:30 or 2:00
`tomorrow. I am booked pretty heavily with federal court conferences and remote appearances over the
`next two days but I do have a break at that time.
`Matt
`Matthew J. Mann, Esq.
`Mann Law Firm, P.C.
`426 Troy Schenectady Road
`Latham, New York 12110
`(518)785.3300 (P)
`(518)783.5691 (F*)
`
`

`FILED: WARREN COUNTY CLERK 05/04/2020 05:27 PM
`NYSCEF DOC. NO. 48
`Mann Law Firm, P.C.
`
`INDEX NO. EF2018-66105
`
`RECEIVED NYSCEF: 05/05/2020
`
`Matthew J. Mann. Esq.
`
`Latham
`Commack/NYC
`
`426 Troy Schenectady Road + Latham, N.Y. 12110
`
`August 28, 2019
`
`Dominque Romano, Esq.
`Lewis, Brisbane, Bisgaard & Smith LLP
`77 Water Street Suite 21 00
`New York, NY 1005
`
`Re:
`
`Rejection of Untimely Notice of Appearance
`May v. Glens Falls National Bank
`Warren County Index EF2018-66105
`
`Dear Ms. Romano,
`
`This letter follows up our email exchange of earlier today. For purposes of
`preservation of my client's rights, your Notices of Appearances filed as documents 25
`and 26 on the case docket are rejected as untimely. To the extent that an electronically
`filed document can be returned, enclosed, please find documents 25 and 26. Any implied
`demand for complaint is also rejected as untimely.
`
`That being said, as I noted in my email with you, I am amendable to discussing
`resolution with you. To that end, I will hold off briefly in submitting the motion for
`default.
`
`I look forward to speaking with you.
`
`Very truly yours,
`
`---.~
`
`/
`
`ft
`Matthew J. Mann
`
`MJM:m
`Cc: Judy May
`
`Enclosures
`
`Tel: 518-785-3300 +Fax: 518-783-5691
`(Electronic Service NOT Accepted without PRIOR Approval)
`
`

`FILED: WARREN COUNTY CLERK 05/04/2020 05:27 PM
`NYSCEF DOC. NO. 48
`
`INDEX NO. EF2018-66105
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`RECEIVED NYSCEF: 05/05/2020
`
`Matthew J. Mann
`.,,
`
`From:
`Sent:
`To:
`Subject:
`Attachments:
`
`l'v1s. Romano:
`
`Matthew J. Mann
`Friday, October 04, 2019 4:14 PM
`Romano, Dominique
`May v. Glens Falls EF 2018-66105
`Defendant Discovery Demands- 9-16-2019.pdf
`
`Your service of discovery demands is wholly improper and a manifestation of bad faith. In fact it may rise to the level of
`sanctionable frivolous conduct. You have not timely appeared in the action and there is no basis for you service of
`discovery. You should consider the demand instruments constructively returned
`
`I will give you until the end of next
`As a courtesy, I made outreach to you to settle the case at a very reasonable figure.
`week to respond to that courtesy or I will move forward with the motion for default judgment. I will also contemplate
`appropriate treatment of this present misconduct.
`
`Please do not mistake the grant of courtesy for weakness. Act justly and settle this matter or 3ct properly and in
`accordance with the law.
`
`~espectfuliy,
`
`Matthew J. Mann, Esq.
`
`Mann law !=irm, P .C.
`426 Troy Schenectady Road
`Latham, New York 12110
`
`(518)785.3300 (P)
`(518)783.5591 (:"'')
`
`r~."~_;.t~ w~
`* J:iectronic $.::.~rvice i\1 1_:.~-r ~cccpted without PR.iOR. app;-ovaL
`
`This email rr.~,- cvmai;; COi'FIDEi~TiAL INFOFU•/IATiO<~ wr.ich rnav a!so b;; LEGALLY PR.liJILEGED and is intenced only for the use of the addressee(s) named above. If
`yo~ are not tne int.ende~ recipient of this en1~1Ji cr the e;Y;i:.lol'ee or agent responsible for deiivering it to the intended recipient, you are hereby notified that any
`re;;ance u:o",~~ ~~-~~.~~~~~~tion ~r copyi;,',g of this c:•~aii aqci Jttachments Is ;,;,}hlbited. If you have received this emai! in error, please notify us immediately by
`te.ephont;;: at \-'lt.}, u:o . .J,:;L·O anu return cne Ot·1gma1 tO ~JS at our postdi ;;oarcss listed above. Thank you.
`
`1
`
`

`FILED: WARREN COUNTY CLERK 05/04/2020 05:27 PM
`NYSCEF DOC. NO. 48
`Mann Law Firm, P.C.
`
`INDEX NO. EF2018-66105
`
`RECEIVED NYSCEF: 05/05/2020
`
`Matthew J. Mann, Esq.
`
`Latham
`Commack/ NYC
`
`426 Troy Schenectady Road + Latham, N .Y. 12110
`
`April 22, 2020
`
`Hon. Robert Muller, JSC
`Supreme Court ofthe State ofNew York
`Warren County Municipal Center
`1340 State Rt. 9
`Lake George, NY 12845
`
`VIA EMAIL & NYSCEF
`
`Re:
`
`Request to extend time pursuant to CPLR §2004
`Judy May v. Glens Falls National Bank
`Index No EF20 18-66105
`
`Dear Judge Muller:
`
`The deadline for filing a default motion pursuant to §3215 in the above referenced matter
`is believed to be May 20. 2020, although the interaction of the various executive and
`administrative orders associated with the corona virus crisis makes that date less of a certainty.
`Defendant' s current counsel may disagree about the eligibility for a default finding but it is my
`hope that in making this letter application that the question will be rendered moot by settlement.
`
`in many ways over the last year, settlement
`Although the case has languished
`negotiations have finally become reasonably productive in the last few days. Defendant's lawyers
`have reported that the matter has been transferred (and perhaps neglected) several times at the
`office of Defendant' s insurer and then transferred between supervising attorneys within the law
`firm handling the matter. Rather than express frustration in the prior delays, I would like to look
`forward. As recently as this afternoon, there has been some request for exchange of information
`and discussions of potential ADR.
`
`It is my experience that contested motion practice can have a chilling effect on
`negotiations. By this letter, I respectfully ask that the court enlarge, fix, or suspend the CPLR
`3215(c) period to allow meaningful negotiations and potentially ADR to proceed without
`prejudice to the Plaintiff of the statutory limitation. I suggest a minimum of 90 days as I am sure
`that we are all similarly inhibited by the work from home orders of the governor.
`
`Thank you for your time and consideration in this matter.
`
`very2J yours,
`
`Matt ew J. Mann
`
`MJM/m
`Cc:
`Dominque Romano, Esq
`Joshua Jemal, Esq.
`
`Tel: 518-785-3300 + Fax: 518-783-5691
`(Electronic Service NOT Accepted without PRIOR Approval)
`
`

`FILED: WARREN COUNTY CLERK 05/04/2020 05:27 PM
`NYSCEF DOC. NO. 48
`
`Orthopedic Specialists of Glens Falls
`1 02 Park Street
`GLENS FALLS NY 12801
`Phone: 518-926-2663
`Fax: 518-926-2662
`
`INDEX NO. EF2018-66105
`
`RECEIVED NYSCEF: 05/05/2020
`
`Judy May
`10/17/201610:30 AM Follow-Up
`Medical Record Number: 276472
`
`'::-·.-~.>-::l
`\~:::·:::..-· -
`<~J
`Provider: Leigh A S~~l!rd,_. ~
`Department: Gfh O~~opedJj:;s
`
`After Visit Summa_!Y
`Thank you for visiting with us for your health care needs today.
`Please contact us via MyChart or phone should you have questions or concerns about "
`To receive appointment reminders via text message Text glensfalls to 622622
`
`~~
`
`/care.
`
`Basic: Information
`Date Of Birth
`
`
`Sex
`Female
`
`Race
`African American
`
`Ethnicity
`Not of Spanish/Hispanic
`Origin
`
`.':..
`
`Preferre· ~a.nguage M' ·
`English •. --
`
`---·-I.f ... __ _
`
`··'"'"'"'
`
`Reason for Visit
`Wrist Pain
`
`Vital Sians
`Blood
`Pressure
`137178
`
`RIGHT
`
`Pulse
`93
`
`Height
`5' 4" (1.626 m)
`
`Weight
`196 lb (88.905 kg)
`
`Body Mass
`Index
`33.63 kg/m2
`
`Sm(lki~g
`Status ;
`Never(cid:173)
`Smoker
`
`Alleraies
`___
`91ucophage [Metformin]
`percocet [()xycodon!l-Acetamin~hen)
`Venofer [Iron Sucrose]
`EDEMA- SEVERE (MUSCLE WEAKNESS, IRITIS, COULD NOT WALK)
`
`Nausea An<JVomiting __
`--~---~-~-------·
`
`______ _
`
`Talwiil[i>!mtazocine LactateT
`
`~''
`
`-------
`
`·--------~----- -
`
`Change~
`
`Today's I>~ ":ic?tion Changes
`I These ch:-"HI'l_s are accurate as of: 10/17/16 10:23 AM. If you have any questions .. ask your nurse or doctor.
`
`---------------------------------------------------------~
`
`STOP taking thvae ·'=:nC:eO'd'::ic"'a"'t:'-io=:n:cs"'---------------------------;:,--,-,--,---,--,-,-.,---,--=:-;-
`PREVNAR 13 , "F) 0.5 rnL Syrg
`Stopped by; Leigh A Shepard, PA
`Generic drug: Pl-~umol."! 13-val conj-dip cr{PF)
`------
`
`Issues Addressed
`Occult fracture of '>~-:p:1oid, right, with routine healing, subsequent encounter
`
`Your Full D!an
`
`Follow-up_ Instructions
`Return in about 6 weeks (arou~d 11/28/2016).
`
`To Do List
`Appointn;ent with Leigh A Shepard, PA at Orthopedic Specialists of Glens Falls (518-926-
`10/17/2016 10:30 AM
`Patient Name: May, Judy (MR # 276472) Printed at 10/17/16
`Page 1 of 3
`10:23 AM
`
`

`FILED: WARREN COUNTY CLERK 05/04/2020 05:27 PM
`NYSCEF DOC. NO. 48
`
`INDEX NO. EF2018-66105
`
`RECEIVED NYSCEF: 05/05/2020
`
`~ 02 Park Street
`with Ortho X-Ray
`10:30 AM
`1
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`_10/24~0.1L___ _______ ()_'!!P~~~~t R!!!_e.r!~!:_AI}1~ll_latory_referral to_Occueatio~al TherapY\;
`Appointment with Leigh A Shepard, PA at Orthopedic S~§IJl!!lS of Glens Fall)1J5~ 8~926-
`11/29/2016 9:45AM
`•,
`2663)
`l
`Address: ~ 02 Park Street
`·;-:>>'"
`
`c:.,
`
`Your Updated Medication List
`
`)This list is accurate as of: 10/17/1610:23 AM. Always use your most recent medlist
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`amitriptyline 100 MG tablet
`Commonly known as: ELAVIL
`aspirin 81 MG EC tablet ·
`atorvastatin 80 MG ~ablet
`Commonly known as: LIPITOR
`colchicine 0.6 mg tablet
`gabapentin 300 MG capsule
`Commonly known as: NEURONTIN
`glucose blood Strp
`Generic drug: blood sugar diagnostic
`hydrochlorothiazide 25 MG tablet
`Commonly known as: HYDRODIURIL
`HYDROcodone-acetaminophen 5-325 mg per tablet
`Commonly known as: NORCO
`ibuprofen 600 MG tablet
`Commonly known as: ADVIL,MOTRIN
`lancets Mise
`LEVEMIR 100 unit/ml injection
`Generic drug: insulin detemir
`lisinopril 40 MG tablet
`Commonly known as: PRINIVIL,ZESTRIL
`SURF C.u~;IFORT INSULIN SYRINGE 1 mL 29 gauge x
`1/2" Syr,
`Generic ,_jp!~r insulin syringe-needle U-100
`
`-----·--------.-·-------·----·--
`RecommendedC,~r~e~---------------------------------------------------------------------------
`Date Due
`
`_I~tan~J_r11J11Unlz.~ti()n Every 1gyear"~- -·-----
`Foot Exam
`. _ . _ , ---·--- ........ ··-·--·-----.·--
`_Qphthalmglogyf::.J<<lm_ ~---------- --·------(cid:173)
`--... ,. -~---·-·--"' ..... , ___ """
`Advanced Directives Annual
`--------
`<:;gl()ll'2.S.C:.C>EY ....
`Influenza Vaccine
`
`Urine Microalbumin
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`Pap Smear
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`rviam_~:Qgra;y;-_-__, =--~--:~===--=::--::---=~ ·-::--, ~=---... :~--··---=---- 2/f.~~o17- -~-------
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`
`!l/'1120~11
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`3/8/2017
`
`12/4/2017
`
`Ongoif? Health Issues
`t I'Jame: May, Judy (MR # 276472) Pnnted at 10117116
`10:23 AM
`
`Page 2 ot 3
`
`

`FILED: WARREN COUNTY CLERK 05/04/2020 05:27 PM
`NYSCEF DOC. NO. 48
`Ongoing Health Issues (continued}
`_CarP~II' tunn_el synjjrome ~
`~~ _ c
`Diabetic neuropathy
`. ..
`
`INDEX NO. EF2018-66105
`kl'~;k~~,, ' c;
`RECEIVED NYSCEF: 05/05/2020
`
`/"'
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`~--:=----------~ ~ -----_ ~ - --=:_~ __ -_,r~·-----------'-"----
`Obesity
`~P~nc~ati!i! _ _:_
`.. !,_~tr!l.n.s.ien!_ischemic attack)
`_____ ·····--- ---~--· __ _:__"'s"'~. :c.· - - - - - - ' " " - " - -
`Type 2 diabetes mellitus with proteinuric diabetic nephropathy
`
`..
`
`. . .
`
`.
`
`.....
`
`...
`
`. .....
`
`i
`
`-
`
`Other Issues Addressed
`Occult fracture of scaphoid, right, with routine healing,
`subsequent encounter
`c Primary
`
`Your Care Team
`
`Relationship
`Thomas G Portuese PCP - General
`Phone: 518-792-
`2223
`J,_El_igh A Sll._e_;:!ard, P_A
`Provider
`.
`Background
`Thomas Varney, MD
`
`-~--- -~~-------------
`
`Specialty
`
`Notifications
`
`PhysiCiailAsSistarit' ____ -
`
`- - - -----::0:-rt:,;-h-o-:-p-ed-,-,ic-Su_r_g_e_ry __
`
`,,,
`'· 1';>
`t'-
`!'7
`
`•, .
`t_'"F-·· ·-..
`.'End
`St<;J_rt~
`1/6112
`
`f d1
`
`:L911/16
`9/1!16 -·---
`···---· -~--'---
`9/13/16
`
`Other Details From This Visit
`
`Community Resources
`2-1-1 is a free and confidential service to help find community resources. For assistance dial 2-1-1 or visit
`www.211.org
`·
`
`MyChart Instructions
`Please remember to check for appointment related questionnaires that may be filled out in you MyChart
`account prior to your appointment These will save you time in the office.
`
`If you have technical questions about the GFH MyChart website, you may send an e-mail message to
`mychart@glensfallshosp.org or call1-866-728-0103 to talk to a member of our MyChart staff.
`
`Remerr:Ler, GFH MyChart is NOT to be used for urgent needs. For medical emergencies, dial 911.
`
`Patient Name: May, Judy (MR # 276472) Printed at 10/17/16
`10:23 AM
`
`Page 3 of 3
`
`

`FILED: WARREN COUNTY CLERK 05/04/2020 05:27 PM
`NYSCEF DOC. NO. 48
`
`Orthopedic Specialists of Glens Falls
`1 02 Park Street
`GLENS FALLS NY 12801
`Phone: 518-926-2663
`Fax: 518-926-2662
`
`INDEX NO. EF2018-66105
`
`RECEIVED NYSCEF: 05/05/2020
`
`Judy May
`Initial consult
`9/1/2016 9:15AM
`Medical Record Number: 276472
`
`Provider: Leigh A Shepard, PA
`Department: Gfh Orthopedics
`
`After Visit Summa!Y
`Thank you for visiting with us for your healthcare needs today.
`Please contact us via MyChart or phone should you have questions or concerns about your care.
`To receive appointment reminders via text message Text glensfalls to 622622
`
`Basic Information
`Date Of Birth
`
`
`Sex
`Female
`
`Race
`African American
`
`Ethnicity
`Not of Spanish/Hispanic
`Origin
`
`Preferred Language
`English
`
`Reason for Visit
`Wrist Pain
`
`Vital Sians
`Blood
`Pressure
`145/75
`
`RIGHT
`
`Pulse
`101
`
`Height
`5' 4" (1.626 m)
`
`Weight
`196 lb (88.905 kg)
`
`Smoking
`Body Mass
`Status
`Index
`33.63 kg/m2 Never
`Smoker
`
`Alleraies
`Gluco~hage [Metform.!!ll_ __ . ______ .Nausea And Vomiting
`····-· _
`-Pe~~_ocet [Oxycot!_one:Acet.~minophen)_
`Venofer [Iron Sucrose]
`EDEMA- SEVERE (MUSCLE WEAKNESS, IRITIS, COULD NOT WALK)
`
`·ralwin[P'er1tazocin9lactate]·--· -------Hive5"'----------·---
`
`--·····--·----------
`- - - - - - -
`
`------------------·
`
`Changes Made This Visit ·
`
`Today's Medication Changes
`'These changes are accurate as of: 9/1/16 10:01 AM. \.f you have any questions, ask your nurse or do.ctor.
`
`STOP taking t!lese medications
`docusate sodium 100 MG capsule
`Commonly known as: COLACE
`polycarbophil 625 mg tablet
`Commonly known as: FIBERCON
`traMADol 50 mg tablet
`
`Commonly known as·. UL \RAM
`~~-~---~~~~"--~__.......~~~ ~~
`
`Your Full Plan
`
`stopped by: Leigh A Shepard, PA
`
`Stopped by: Leigh A Shepard, PA
`
`Stopped by: Leigh A Shepard, PA
`
`To Do List
`91131201611:15 AM
`
`Appointment with Leigh A Shepard, PA at Orthopedic Si
`2663)
`Patient Name: May, Judy (MR # 276472) Printed at 9/1/16
`
`Page 1 of 3
`
`10:01 AM
`
`

`FILED: WARREN COUNTY CLERK 05/04/2020 05:27 PM
`NYSCEF DOC. NO. 48
`To Do List (continued)
`
`INDEX NO. EF2018-66105
`
`RECEIVED NYSCEF: 05/05/2020
`
`Address: 102 Park Street
`
`Your Updated Medication List
`I This list is accurate as of: 9/1/1610:01 AM. Always use your most recent med list.
`
`Provider
`
`amitriptyline 100 MG tablet
`Commonly known as: ELAVIL
`aspirin 81 MG EC tablet
`atorvastatin 80 MG tablet
`Commonly known as: UPITOR
`colchicine 0.6 mg tablet
`gabapentin 300 MG capsule
`Commonly known as: NEURONTIN
`glucose blood Strp
`Generic drug: blood sugar diagnostic
`hydrochlorothiazide 25 MG tablet
`Commonly known as: HYDRODIURIL
`ibuprofen 600 MG tablet
`Commonly known as: ADVIL,MOTRIN
`lancets Mise
`LEVEMIR 100 unitlmL injection
`Generic drug: insulin detemir
`lisinopril 40 MG tablet
`Commonly known as: PRINIVIL,ZESTRIL
`SURE COMFORT INSULIN SYRINGE 1 mL 29 x 1/2"
`Syrg
`Generic drug: insulin syringe-needle U-100
`
`""" ---------
`
`----- --~--
`
`" " ·-··-----· ------~----' ----- ·-----
`
`·- ·--------~-···
`
`On~ Health Issues
`_(;(i_rpal tun11el~yndrome
`_l?~~l?~!i(;..!!_e_LJropr.!~L __
`_li_ypothyroidism __________ ,
`.t:J!l(;_~pain ________ _
`Obesi!Y
`Pancreatitis
`_
`TIA (transient ischemi_c attack)
`Type 2 diabetes mellitus with protein uric diabetic nephropathy
`
`-~ .. ·--'"~------·-'""-•'-----·--
`
`~-·-·-----···-·------~-····---------·~----~~-.. ·---~---·-
`
`" " " " " " " " _____ , ______ _
`
`Your Care Team
`
`Relationship
`PCP -General
`
`Thomas G Portuese
`Phone: 518-792-
`2223
`Lll_ia'!_JI._§_tlllllard, P_A _________ .
`Provider
`Background
`
`Other Details From This Visit
`
`Specialty
`
`Notifications
`
`Start
`1/6/12
`
`End
`
`___ .:.P-'-h.ysl<;i~_I\S§istant
`
`·----=7:7:-::::-··- - - - - - -
`9/1/16
`9/1/16
`
`Community Resources
`2-1-1 is a free and confidential service to help find community resources. For assistance dial2-1-1 or visit
`www.211.org
`
`Patient Name: May, Judy (MR # 276472) Printed at 9/1/16
`10:01 AM
`
`Page 2 of 3
`
`

`FILED: WARREN COUNTY CLERK 05/04/2020 05:27 PM
`May, Judy (MR # 276472)
`NYSCEF DOC. NO. 48
`""'"
`
`~--
`
`Note Status
`Signed
`
`Last Update User
`Leigh A Shepard, PA
`
`Progress Notes
`Progress Notes Info
`Author
`Leigh A Shepard, PA
`
`Progress Notes
`CHIEF COMPLAINT
`Chief Complaint
`Patient presents with
`• Wrist Pain
`RIGHT
`
`INDEX NO. EF2018-66105
`En~un:t~'D'at~i'~Ol/2016
`\.:
`RECEIVED NYSCEF: 05/05/2020
`
`Judy May (MR# 276472)
`
`if'
`.,.~
`-{
`'(
`Last tlipdate D. aternme
`9/6/2<1'16···2: 11 PM
`
`\
`
`~i;l
`v
`
`,
`SUBJECTIVE
`Judy May is a 64 y.o. female who presents after a fall 2 days ago. Patient states she\'~Nas at a bank
`and is not sure exactly what happened but she feels she may have tripped on the rug~lling and
`landing on an outstretched right hand. She states she was not lightheaded or dizzy pribr to the fall
`and did not hit her head during the fall. She presented at her primary care office where\ they did x(cid:173)
`rays, diagnosed her with a scaphoid fracture and referred her here. She has been in a ~plint with
`minimal pain. She denies any neurologic symptoms in her right upper extremity. She islright-hand
`dominant. She is currently retired. She does have a past surgical history of carpal tun~e.l release
`on the side
`' ·
`·
`
`ROS
`All other review of systems negative, except for those noted.
`
`\
`
`Past medical history, surgical history, medications and allergies reviewed from the chart.
`PHYSICAL EXAM:
`Vital Signs: BP 145/751 Pulse 101 I Ht 5' 4" (1.626 m) I Wt 196 lb (88.905 kg) I BMI 33.63 kg/m2
`General: NAD
`HENT: Normocephalic, Atraumatic; Conjunctiva clear, sclera non-icteric
`Respiratory: Breathing normally.
`Musculoskeletal/Skin: Exam of the right hand after the splint was removed shows skin is warm,
`dry and intact without rashes. She has a moderate amount of tenderness in the area of the
`snuffbox. No other tenderness surrounding the wrist or hand. Mild tenderness with gentle range of
`motion the wrist again an area that snuffbox. Intact light sensation grossly in the radial, median,
`ulnar nerve distributions of the right upper extremity.
`Neurologic: Neurovascularly intact in the affected extremity
`Psych: A & 0 X 3
`
`RESULTS
`X-rays 3 views of the right hand previously taken on PACS were reviewed with Dr. Varney. There
`does appear to be a subtle lucency over the distal one third of the scaphoid b

Judy May v. Glens Falls National Bank, EF2018-66105, 48 (N.Y. Sup. Ct., Warren County May. 4, 2020) (2024)

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