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BRAVIN v. MOUNT SINAI MEDICAL CENTER

July 26, 1999

JEFFREY BRAVIN AND ETHAN RAYMOND BRAVIN, AN INFANT BY HIS FATHER AND NATURAL GUARDIAN, JEFFREY BRAVIN, THE CIVIL ASSOCIATION OF THE DEAF OF NEW YORK CITY, INC. (ALSO KNOWN AS THE NEW YORK CITY CIVIC ASSOCIATION OF THE DEAF), STEPHEN G. YOUNGER, II, PRESIDENT, ON BEHALF OF THEMSELVES AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
MOUNT SINAI MEDICAL CENTER, DEFENDANT.



The opinion of the court was delivered by: Sweet, District Judge.

OPINION

The Parties

Bravin is deaf and is the father and natural guardian of plaintiff Ethan Raymond Bravin. Bravin is a teacher of deaf children in a school in Queens, New York.

Naomi Bravin is the wife of Bravin and the mother of plaintiff Ethan Raymond Bravin.

Mt. Sinai maintains a hospital and medical facility rendering medical services to the public at One Gustave Levy Place, New York, New York, 10029 (the "Medical Center").

Prior Proceedings and Facts

The facts and prior proceedings of this action are set forth in the prior opinions of the Court, familiarity with which is assumed. See Bravin v. Mount Sinai Medical Center, 186 F.R.D. 293 (S.D.N.Y. 1999); Bravin v. Mount Sinai Medical Center, No. 97 Civ. 7034, 1998 WL 50209 (S.D.N.Y. February 6, 1998). Those facts and prior proceedings relevant to the instant motion are set forth below.

Bravin filed this action on September 19, 1997, and on that day moved, by order to show cause, for a preliminary injunction to compel Mt. Sinai to make immediately available a qualified sign language interpreter for meetings between Bravin and doctors or other primary care givers and to continue such availability while his son was in Mt. Sinai's Neo-Natal Intensive Care Unit ("NICU").

The motion was withdrawn when Mt. Sinai apparently agreed to provide the interpreter, and on September 26, 1997 an order was entered on stipulation providing for an interpreter as requested.

On April 30, 1998, Bravin filed an amended complaint (the "First Amended Complaint") adding plaintiffs Younger and NCCAD.*fn1

Mt. Sinai filed its motion to dismiss on June 10, 1998. On October 14, 1998, plaintiffs filed their motions for partial summary judgment, to file a Second Amended Complaint, and for class certification.

On April 14, 1999, the Court issued the Opinion denying in part and granting in part Mt. Sinai's motion to dismiss the First Amended Complaint, granting Bravin's motion for partial summary judgment, denying in part and granting in part plaintiffs' motion to file a Second Amended Complaint, and denying plaintiffs' motion for class certification.

Mt. Sinai filed the instant motion for reconsideration on April 29, 1999. Oral argument was heard on May 19, 1999. Additional submissions were received through June 8, 1999, at ...


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