Note: This reply was not accepted by the Court but will be displayed for completeness.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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RALPH H. SPEKEN AND STEPHANIE Z. SPEKEN,
As Co-Administrators of the Estate of Seth B.
SPEKEN, deceased, and RALPH H. SPEKEN and
STEPHANIE Z. SPEKEN, Individually,
Plaintiffs,
SURREPLY
- against-
COLUMBIA PRESBYTERIAN MEDICAL CENTER
"JOHN DOE", and "JANE DOE", (true identities
unknown, being doctors, nurses, residents, interns, and
other medical or technical personnel who rendered
services to the decedent at the COLUMBIA
PRESBYTERIAN MEDICAL CENTER),
Defendants.
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RALPH H. SPEKEN, M.D. and STEPHANIE Z. SPEKEN, depose and
say the following under penalty of perjury:
1. Item 2 of Defendant’s Reply Affirmation In Support of Motion
for Dismissal of Action seeks to blunt the significance of the Hospital’s actions
in our son’s death. It is not an "allegation" or a
"position" that criminality was causal in Seth’s death, but
rather fact. He died due to restraining that is specifically barred by State
law. Breaking a law is defined as crime (Pltf. Reply to Notice of Motion,
Item 27).
2. In Item 3, Defendant then asserts that "the Court was not obligated
to reiterate every argument plaintiffs made."
This position is wrong. Given the fact that crime had been committed, it
certainly was the duty of the Court to thoroughly investigate, adjudicate,
and document its findings.
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