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NOTICE OF MEDICAL, DENTAL OR PODIATRIC MALPRACTICE ACTION
SUPREME COURT: NEW YORK
JANICE ROVEN as Executor of the Estate of GLEN ) Index No.: 805049/2020
ROVEN and JANICE ROVEN, Individually, )
)
Plaintiff, )
)
-against- )
)
)
DAVID ELLIOT SEITZ, M.D. and
HOUSECALLMDNY, LLC,
)
Defendants.
)
)
)
PLEASE TAKE NOTICE, that the above action for medical, dental or medical
malpractice was commenced by the filing of a summons on February 12, 2020, and that issue
was joined therein on or about March 4, 2020 and March 11, 2020 and that the action has not
been dismissed, settled or otherwise terminated.
1. State full name, address and age of each plaintiff.
JANICE ROVEN as Executor of the Estate of
GLEN ROVEN
201 West 89th Street, Apt. 9-G
New York, New York 10024
2. State full name and address of each defendant.
DAVID ELLIOT SEITZ, M.D.
14th
111 E. Street, #300
New York, New York 10003
HOUSECALLMDNY, LLC
14th
111 E. Street, #300
New York, New York 10003
3. State alleged medical specialty of each individual defendant, ifknown.
Unknown at this time
4. Indicate whether claim is for:
[X] Medical malpractice
THE PAGAN LAW FIRM, P.C.
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[ ] Dental malpractice
[ ] Podiatric malpractice
5. State date and place claim arose:
That on or about July 12, 2018 and July 13, 2018 2166 Broadway #12B, NY, NY 10024
and via telephone communication.
6. State substance of claim:
Defendant, collectively and/or independently, their agents, physicians, employees and/or
independent contractors were negligent and failed follow good and accepted medical
practices and procedures causing pain and suffering to plaintiff at all times herein
7. (Following items must be checked)
(a) Proof is attached that authorizations to obtain medical, dental, podiatric and hospital
records have been served upon the defendants in the action [ x ]
or
Demand has not been made for such authorizations
(b) Copies of the Summons, Notice of Appearance, allpleadings,
Certificate of Merit, if required, and the Bill of Particulars, if one has
been served [ x ]
(c) A copy of any demand for arbitration, election of arbitration or
concession of liability is attach
or
Demand has not been made for arbitration [ x ]
(d) All information required by CPLR 3101(d)(1)(i) is attached
A request for such information is not available
or
Such information is not available [ x ]
8. The following attorneys have appeared in the action:
THE PAGAN LAW FIRM, P.C.
Attorneys for Plaintiff
805 Third Avenue - Suite 1205
New York, New York 10016
Phone: (212) 967-8202
LAW OFFICES OF BENVENUTO & SLATTERY
THE PAGAN LAW FIRM, P.C.
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Attorneys for Defendants
1800 Northern Boulevard
Roslyn, New York 11576
(516) 775-2236
Dated: New York, New York
June 3, 2020
Y irs, e .
Tania M. Pagan, Esq.
THE PAGAN LAW FIRM, P.C.
Attorneys for Plaintiff(s)
805 Third Avenue - Suite 1205
New York, New York 10022
TO:
LAW OFFICES OF BENVENUTO & SLATTERY
Attorneys for Defendants
1800 Northern Boulevard
Roslyn, New York 11576
THE PAGAN LAW FIRM, P.C.
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SUPREME COURTOF THE STATE OF NEW YORK
COUNTYOF NEWYORK
-3Ã-Ñiõ-éTiõU5-Ñ--a-s e-c-u-t-o-r-oTth-e~éstate-of
-Gi-éÄ
ROVEN, and JANICE ROVEN, individually,
Plaintiff(s)/Petitioner(s), Index No. 805049/2020
- against-
DAVID ELLlOT SEITZ, M.D. and
um ice-n m i unov ' ' °
Defendant(s)/Respondent(s).
------------------------------------------------------x
NOTICE REGARDING AVAILABILITY OF ELECTRONIC FILING
S__UPREME COURT CASES
PLEASE TAKE NOTICE that plaintiff(s)/petitioner(s)
[defendant(s)/respondent(s)] inthe case captioned
above intends thatthis matter proceed as an electronically-filedcase in theNew York State Courts Electronic Filing
System ("NYSCEF") inaccordance with the procedures therefor, setforth in Uniform Rule 202.5-b and described
below. Under that Rule, filingand service of papers by electronic means cannot be made by a party nor can
electronic service be made upon a partyunless thatparty has consented to useof the System forthe case in question.
Each party served with thisNotice must promptly filewith the court and serve on allother partieseither a consent
or a declination of consent to electronic filing and service through NYSCEF for this case. (See Instruction # 2
below.)
General Information
Electronic filingoffers significantbenefits for attorneys and litigants,
permitting documents to be filed
with
the County Clerk and the court and served, between or among consenting parties, by posting the documents on the
NYSCEF Website, which can be done at any time of the day ornight on any day of the week. There isno feeto
use the NYSCEF System. whether for filing,service, or consultation of theelectronic docket, nor is therea charge
to printdocuments from the docket. Normal filingfees must be paid, but this can be done by credit or bank card
on-line. For additional procedures and information, see Uniform Rule 202.5-b, any e-filing protocol that may have
been promulgated by the court in question, and the NYSCEF Website at www.nycourts.gov/efile.
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Instructions
1. Service of thisNotice constitutes consent to e-filingand a statement of intentby the undersigned to use
the NYSCEF System inthis case. When an actionor proceeding is beingcommenced through the NYSCEF
System, thisNotice must accompany service of the initiatingpapers.
2. Each party served with thisNotice may consent to e-filingeither:(i)by filingwith the court and serving
on allparties of record a consent to e-filing, or (ii)ifan authorized e-filing user, by filing a consent
electronically inthe manner provided at theNYSCEF site.Partieswho do not wish to consent must fileand
serve a written declination of consent. Ifone party or some but fewer than allparties consent, NYSCEF
may be used by and between or among consenting parties.
3. Each participatingattorney, unless already registered,or self-represented party must PROMPTLY create
a NYSCEF account and obtain the confidential Filing User IdentificationNumber and Password necessary
to use thesystem. To create aNYSCEF account, go to www.nvcourts.gov/efile, click the Create an Account
link, and follow the instructions.
4. For additional information about NYSCEF, see the User's Manual and Frequently Asked Questions on the
Website, or contact the court in question or the NYSCEF Resource Center (at 646-386-3033 or
efile@courts.state.ny.us).
Dated: Februa , 202
212-967-8202
(Signature) _ (Phone)
William aga Esq. (Name) 212-967-8794
(Fax)
The Pagan L w Firm, P.C. dirizarry@thepaganiawfirm.com
(Firm) (E-mail)
805 Third Avenue, Suite 1205
(Address)
New York, New York 10022
for JANICE ROVEN, as Exe
Attorney(s)
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2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
) Index No.
JANICE ROVEN as Executor of the Estate of GLEN )
ROVEN and JANICE ROVEN, Individually, )
)
Plaintiff, )
)
-against- )
) SUMMONS
DAVID ELLIOT SEITZ, M.D. and
HOUSECALLMDNY, LLC
)
Defendants. )
Plaintiff designates NEW YORK COUNTY as the place for
trial.The basis for venue is plaintiff'sresidence.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
a copy of your answer, or, if the Complaint is not served with this Summons, to serve a Notice of
Appearance, on the Plaintiff's attorney within twenty (20) days after the service of this Summons,
exclusive of the day of service (or within thirty (30) days after the service is complete ifthis
summons isnot personally delivered to you within the State of New York); and in the case of your
failure to appear or answer, judgment will be taken against you by default for the relief demanded
in the complaint.
Dated: New York, New York
February 12, 2020
Y'
c.,
Tania M a an, sq.
TH AG N AW FIRM, P.C.
Attorneys f r aintiff
805 Third Avenue, Suite 1205
New York, New York 10022
(212) 967-8202
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TO:
DAVID ELLlOT SEITZ, M.D.
HOUSECALLMDNY, LLC
14H'
111 E. Street, #300
New York, New York 10003
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
) Index No.
JANICE ROVEN as Executor of the Estate of GLEN )
ROVEN and JANICE ROVEN, Individually, )
)
Plaintiff, )
)
-against- ) VERIFIED COMPLAINT
)
DAVID ELLIOT SEITZ, M.D. and
HOUSECALLMDNY, LLC
)
Defendants. )
)
)
Plaintiff, byher attorneys, THE PAGAN LAW FIRM, P.C., complaining of the
defendants herein, respectfully allege upon information and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1. That at alltimes mentioned herein, the plaintiff, JANICE ROVEN, is the
Executor of the Estate of GLEN ROVEN, appointed pursuant to Letters Testamentary issued on
October 3, 2018 by the Surrogate's Court New York County, State of New York arising from the
death of GLEN ROVEN on July 25, 2018.
2. That JANICE ROVEN is a resident of New York County, in the city and state of
New York and is the sisterof the decedent.
3. That the decedent, GLEN ROVEN, was a resident at the time of this death, of New
York County, in the city and state of New York.
4. That atall times mentioned herein, upon infonnation and belief, defendant, DAVID
ELLIOT SEITZ, M.D., was and is a physician licensed to practice medicine in the State of New
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York, represented himself to be so licensed, and engaged in practice of his profession in the State
of New York.
5. That at alltimes mentioned, herein, upon infonnation and belief, defendantDAVID
ELLlOT SEITZ, M.D., was and is an owner, principal, officer, physician, agent, servant, employee
and/or independent contractor of defendant, HOUSECALLMDNY, LLC.
6. That at alltimes mentioned herein, upon information and belief, defendant DAVID
ELLIOT SEITZ, M.D., was and is employed, authorized, retained and pennitted by defendant
HOUSECALLMDNY, LLC, to render medical services and perform all necessary functions
pertaining to and regularly followed in the care and treatment of patients of HOUSECALLMDNY,
LLC .
7. That at all times mentioned herein, upon information and belief, defendant
HOUSECALLMDNY, LLC, was and is a corporation organized and existing under the laws of
the State of New York, and did, and does own, operate, manage and control defendant, located at
1401
111 E. Street, #300 New York, New York 10003.
8. That at alltimes mentioned herein defendants, collectively and/or independently
and/or including their agents, servants, employees and/or independent contractors represented
themselves to the public, and particularly the plaintiff's decedent, GLEN ROVEN herein, to be
competent to perfonn and render all medical care and medical professional encounters,
examinations, assessments, prescriptions, orders, referrals, planning, patient education, care, work,
labor, services, treatments, procedures, diagnostics and/or tests that were to be rendered to
plaintiff's decedent, GLEN ROVEN.
9. At alltimes relevant to this litigation, upon information and belief, defendants,
their agents, servants, employees and/or independent contractors for a consideration, offered to
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render competent and adequate care, medical services, including but not limited to medical care,
services and treatment and in general all necessary medical services to give and perfonn proper,
adequate and competent encounters, examinations, assessments, planning, patient education,
findings, interpretations, diagnosis, medical care, recommendations, procedures, prescriptions,
referrals, testing, follow up, surveillance, diagnostics, treatment and attention to members of the
general public, and more particularly, the plaintiff's decedent, GLEN ROVEN herein and further
held themselves out as having necessary training, education, continuing medical education,
experience and resources to perform the same.
10. At alltimes relevant to this litigation, plaintiff'sdecedent, GLEN ROVEN, on July
12, 2018 and July 13, 2018 related a history, various complaints, signs, symptoms, pains,
presentations, sensations, and other clinical indications to defendants, and/or their agents, servants,
assistants, partners, employees and/or independent contractors.
11. Plaintiff's decedent, GLEN ROVEN was encountered, examined, treated, assessed,
diagnosed, misdiagnosed and/or prescribed medication by defendants, their employees, agents,
servants, and/or independent contractors on July 12, 2018 and thereafter through July 13, 2018.
12. At alltimes relevant to this litigation, and thereafter, plaintiff's decedent, GLEN
ROVEN, while a patient under the direction and medical care, supervision and treatment of
defendants, complained and presented with a history, clinical indicators, complaints, presentations,
signs and symptoms of illness and medical conditions requiring diagnostic work up and emergency
medical care and treatment.
13. That on July 12, 2018 and July 13, 2018, defendants, collectively and/or
independently, their agents, physicians, employees and/or independent contractors were negligent
and failed follow good and accepted medical practices and procedures at alltimes herein: in failing
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to timely and properly diagnose the plaintiff decedent's (hereinafter "plaintiff'); in causing and/or
contributing to the delayed diagnosis of plaintiff's conditions including but not limited to
pneumonia and a cascade of medical conditions and complications flowing therefrom; in failing
to be cognizant of plaintiff's medical history, complaints, and clinical indicators and presentations
at all times; in failing to timely and properly order and direct the plaintiff to immediately go to the
emergency department of ahospital; in failing to seek, obtain and record an accurate and complete
medical history and complaints and assessments at alltimes; in failing to timely, properly and/or
accurately make and maintain plaintiff's medical record/chart; in failing to timely and properly
confer with consults and/or make referrals to consults including but not limited to emergency
medicine and/or infectious disease; in failing to timely and/or properly educate the patient, screen
and/or testfor plaintiff's conditions, including pneumonia, and/or refer for the timely, proper and
indicated work up(s) and diagnostic lab testing and imaging at alltimes; in failingto timely and/or
properly rule out or timely diagnose plaintiff's conditions; in failing to timely and/or properly
order, perfom1 and be aware of laboratory and/or diagnostic testing, imaging or serial testing
and/or imaging of the plaintiff; in failing to timely and/or properly perform diagnostic testing
and/or procedures; in failing to timely and properly have a differential diagnosis and/or rule in or
out the differential diagnosis; in failing to timely and properly assess, plan and order timely and
proper screening and/or surveillance of the plaintiff; in failing to be timely and properly cognizant
of acute onset of symptoms; in failing to properly examine the plaintiff; in failing to draw blood
and take urine samples for testing and analysis; in causing plaintiff to loose opportunities to cure
his conditions and/or prevent his conditions from worsening and compromising his survival; in
failing to timely and/or properly detennine the etiology of plaintiff's complaints and presentations;
in failing to optimize the plaintiff's chance for recovery; in failing to timely and properly render
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medical treatment to plaintiffat all times; in failing to provide timely and proper informed consent
and/or patient education, infonnation and/or guidelines or pertinent warnings to plaintiff; in failing
to give timely and/or proper instruction for screening, testing, imaging and/or follow up; in failing
and omitting to make an understandable disclosure to plaintiff of risks; in failing to timely and/or
properly monitor the plaintiff; in misdiagnosing plaintiff; and in failing to properly prescribe
medication.
14. That as a result of the acts and/or omissions of defendants and their physicians,
agents, servants, residents, employees and/or independent contractors, independently and/or
collectively and their departures from good and accepted medical care and practices as aforesaid
hereinabove and without any negligence on the part of the plaintiff contributing thereto, plaintiff
was caused to sustain damages untilhis death on July 25, 2018 from the untimely diagnosis of his
conditions and he sustained severe personal bodily and emotional injuries, including conscious
physical pain and suffering and conscious emotional pain and suffering, fear and knowledge of
impending death until his death on July 25, 2018.
15. That by reason of the foregoing departures, the Estate of GLEN ROVEN herein has
sustained damages that are excess of the jurisdictional limits of all lower Courts which would
otherwise have jurisdiction over the defendants herein.
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AS AND FOR A SECOND CAUSE OF ACTION
16. Plaintiff repeats, reiterate and reallege each and every allegation of the complaint
"1" "15"
set forth in paragraphs through of the First Cause of Action of this Complaint with the
same forces and effects as though said allegations were herein fully set forth at length.
17. That at alltimes herein mentioned, plaintiff's decedent is survived by his sister,
JANICE ROVEN and next of kin, including but not limited to infants for whom the decedent
provided parental guidance before his death.
18. That the limitations on liabilityset forth in the CPLR § 1601 do not apply.
19. The limitations on liability set forth in CPLR § 1601 do not apply by reason of one
or more of the exceptions thereto set forth in CPLR § 1602.
20. That by reason of the aforesaid, plaintiff JANICE ROVEN and the decedent's next
of kin are deprived of the decedent's care, comfort, services and parental guidance and they were
caused to incur pecuniary losses in connection with his death.
21. That plaintiff's decedent, GLEN ROVEN, was a diligent, industrious and loving
defendants'
brother and uncle and provided services to his next of kin and as a resultof negligence
herein, the survivors of plaintiff's decedent, have sustained wrongful death pecuniary damages
including but not limited to funeral and burial costs and pecuniary losses including but not limited
to the loss of services and support and guidance of the decedent.
22. That by reason of the foregoing, JANICE ROVEN individually, and the next of kin
of decedent, as survivors, have sustained wrongful death damages herein in excess of the
jurisdictional limits of all lower Courts which would otherwise have jurisdiction over the
defendants herein.
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WHEREFORE, plaintiff demands judgment against the defendants, on the Firstthrough
Second causes of action, in a monetary award and damages which exceed the jurisdictional limits
of all lower Court which would otherwise have jurisdiction over the defendants herein, together
with the costs and disbursements of this action.
Dated: New York, New York
February 12, 2020
urs etc., ,
la M/Pa an, Esq.
THE AG L W FIRM, P.C.
Attorneys fo aintiff
805 Third Avenue, Suite 1205
New York, New York 10022
(212) 967-8202
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VERIFlCATION
STATE OF NEW YORK )
COUNTY OF NEW Y ORK)ss.:
I,the undersigned, am the plaintiff in the within action; I have read the foregoing
COMPLAINT
and know the contents thereof: the same is trueto my knowledge, except as to the matters
therein stated to be alleged on information and belief,and as to those matters, I believe itto be
true.
Dated: February (t_, 202
JANICE ROVEN
n to before me this
ay of Febt ary, 2020
Notary I blic 4 000
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
) Index No.
JANICE ROVEN as Executor of the Estate of GLEN )
ROVEN and JANICE ROVEN, Individually, )
)
Plaintiff, )
-against- )
)
DAVID ELLIOT SEITZ, M.D. and
HOUSECALLMDNY, LLC
Defendants.
SUMMONS AND VERIFIED COMPLAINT
THE PAGAN LAW FIRM, P.C.
Attorneys for Plaintiff
805 Tllird Avenue, Suite 1205
New York, New York 10022
(212) 967-8202
Preview
FILED: NEW YORK COUNTY CLERK 06/03/2020 01:34 PM INDEX NO. 805049/2020 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/03/2020 NOTICE OF MEDICAL, DENTAL OR PODIATRIC MALPRACTICE ACTION SUPREME COURT: NEW YORK JANICE ROVEN as Executor of the Estate of GLEN ) Index No.: 805049/2020 ROVEN and JANICE ROVEN, Individually, ) ) Plaintiff, ) ) -against- ) ) ) DAVID ELLIOT SEITZ, M.D. and HOUSECALLMDNY, LLC, ) Defendants. ) ) ) PLEASE TAKE NOTICE, that the above action for medical, dental or medical malpractice was commenced by the filing of a summons on February 12, 2020, and that issue was joined therein on or about March 4, 2020 and March 11, 2020 and that the action has not been dismissed, settled or otherwise terminated. 1. State full name, address and age of each plaintiff. JANICE ROVEN as Executor of the Estate of GLEN ROVEN 201 West 89th Street, Apt. 9-G New York, New York 10024 2. State full name and address of each defendant. DAVID ELLIOT SEITZ, M.D. 14th 111 E. Street, #300 New York, New York 10003 HOUSECALLMDNY, LLC 14th 111 E. Street, #300 New York, New York 10003 3. State alleged medical specialty of each individual defendant, ifknown. Unknown at this time 4. Indicate whether claim is for: [X] Medical malpractice THE PAGAN LAW FIRM, P.C. 1 of 89 FILED: NEW YORK COUNTY CLERK 06/03/2020 01:34 PM INDEX NO. 805049/2020 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/03/2020 [ ] Dental malpractice [ ] Podiatric malpractice 5. State date and place claim arose: That on or about July 12, 2018 and July 13, 2018 2166 Broadway #12B, NY, NY 10024 and via telephone communication. 6. State substance of claim: Defendant, collectively and/or independently, their agents, physicians, employees and/or independent contractors were negligent and failed follow good and accepted medical practices and procedures causing pain and suffering to plaintiff at all times herein 7. (Following items must be checked) (a) Proof is attached that authorizations to obtain medical, dental, podiatric and hospital records have been served upon the defendants in the action [ x ] or Demand has not been made for such authorizations (b) Copies of the Summons, Notice of Appearance, allpleadings, Certificate of Merit, if required, and the Bill of Particulars, if one has been served [ x ] (c) A copy of any demand for arbitration, election of arbitration or concession of liability is attach or Demand has not been made for arbitration [ x ] (d) All information required by CPLR 3101(d)(1)(i) is attached A request for such information is not available or Such information is not available [ x ] 8. The following attorneys have appeared in the action: THE PAGAN LAW FIRM, P.C. Attorneys for Plaintiff 805 Third Avenue - Suite 1205 New York, New York 10016 Phone: (212) 967-8202 LAW OFFICES OF BENVENUTO & SLATTERY THE PAGAN LAW FIRM, P.C. 2 of 89 FILED: NEW YORK COUNTY CLERK 06/03/2020 01:34 PM INDEX NO. 805049/2020 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/03/2020 Attorneys for Defendants 1800 Northern Boulevard Roslyn, New York 11576 (516) 775-2236 Dated: New York, New York June 3, 2020 Y irs, e . Tania M. Pagan, Esq. THE PAGAN LAW FIRM, P.C. Attorneys for Plaintiff(s) 805 Third Avenue - Suite 1205 New York, New York 10022 TO: LAW OFFICES OF BENVENUTO & SLATTERY Attorneys for Defendants 1800 Northern Boulevard Roslyn, New York 11576 THE PAGAN LAW FIRM, P.C. 3 of 89 FILED: NEW YORK COUNTY CLERK 06/03/2020 01:34 PM INDEX NO. 805049/2020 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/03/2020 SUPREME COURTOF THE STATE OF NEW YORK COUNTYOF NEWYORK -3Ã-Ñiõ-éTiõU5-Ñ--a-s e-c-u-t-o-r-oTth-e~éstate-of -Gi-éÄ ROVEN, and JANICE ROVEN, individually, Plaintiff(s)/Petitioner(s), Index No. 805049/2020 - against- DAVID ELLlOT SEITZ, M.D. and um ice-n m i unov ' ' ° Defendant(s)/Respondent(s). ------------------------------------------------------x NOTICE REGARDING AVAILABILITY OF ELECTRONIC FILING S__UPREME COURT CASES PLEASE TAKE NOTICE that plaintiff(s)/petitioner(s) [defendant(s)/respondent(s)] inthe case captioned above intends thatthis matter proceed as an electronically-filedcase in theNew York State Courts Electronic Filing System ("NYSCEF") inaccordance with the procedures therefor, setforth in Uniform Rule 202.5-b and described below. Under that Rule, filingand service of papers by electronic means cannot be made by a party nor can electronic service be made upon a partyunless thatparty has consented to useof the System forthe case in question. Each party served with thisNotice must promptly filewith the court and serve on allother partieseither a consent or a declination of consent to electronic filing and service through NYSCEF for this case. (See Instruction # 2 below.) General Information Electronic filingoffers significantbenefits for attorneys and litigants, permitting documents to be filed with the County Clerk and the court and served, between or among consenting parties, by posting the documents on the NYSCEF Website, which can be done at any time of the day ornight on any day of the week. There isno feeto use the NYSCEF System. whether for filing,service, or consultation of theelectronic docket, nor is therea charge to printdocuments from the docket. Normal filingfees must be paid, but this can be done by credit or bank card on-line. For additional procedures and information, see Uniform Rule 202.5-b, any e-filing protocol that may have been promulgated by the court in question, and the NYSCEF Website at www.nycourts.gov/efile. 4 of 89 FILED: NEW YORK COUNTY CLERK 06/03/2020 01:34 PM INDEX NO. 805049/2020 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/03/2020 Instructions 1. Service of thisNotice constitutes consent to e-filingand a statement of intentby the undersigned to use the NYSCEF System inthis case. When an actionor proceeding is beingcommenced through the NYSCEF System, thisNotice must accompany service of the initiatingpapers. 2. Each party served with thisNotice may consent to e-filingeither:(i)by filingwith the court and serving on allparties of record a consent to e-filing, or (ii)ifan authorized e-filing user, by filing a consent electronically inthe manner provided at theNYSCEF site.Partieswho do not wish to consent must fileand serve a written declination of consent. Ifone party or some but fewer than allparties consent, NYSCEF may be used by and between or among consenting parties. 3. Each participatingattorney, unless already registered,or self-represented party must PROMPTLY create a NYSCEF account and obtain the confidential Filing User IdentificationNumber and Password necessary to use thesystem. To create aNYSCEF account, go to www.nvcourts.gov/efile, click the Create an Account link, and follow the instructions. 4. For additional information about NYSCEF, see the User's Manual and Frequently Asked Questions on the Website, or contact the court in question or the NYSCEF Resource Center (at 646-386-3033 or efile@courts.state.ny.us). Dated: Februa , 202 212-967-8202 (Signature) _ (Phone) William aga Esq. (Name) 212-967-8794 (Fax) The Pagan L w Firm, P.C. dirizarry@thepaganiawfirm.com (Firm) (E-mail) 805 Third Avenue, Suite 1205 (Address) New York, New York 10022 for JANICE ROVEN, as Exe Attorney(s) 2,11 13 2 5 of 89 FILED: NEW YORK COUNTY CLERK 06/03/2020 01:34 PM INDEX NO. 805049/2020 NYSCEF DOC. NO. NEW 9YORK COUNTY CLERK 04:14 INDEX RECEIVED NO. NYSCEF: 06/03/2020 805049/2020 FILED : 02/12/2020 PT NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/12/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ) Index No. JANICE ROVEN as Executor of the Estate of GLEN ) ROVEN and JANICE ROVEN, Individually, ) ) Plaintiff, ) ) -against- ) ) SUMMONS DAVID ELLIOT SEITZ, M.D. and HOUSECALLMDNY, LLC ) Defendants. ) Plaintiff designates NEW YORK COUNTY as the place for trial.The basis for venue is plaintiff'sresidence. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a Notice of Appearance, on the Plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (30) days after the service is complete ifthis summons isnot personally delivered to you within the State of New York); and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York February 12, 2020 Y' c., Tania M a an, sq. TH AG N AW FIRM, P.C. Attorneys f r aintiff 805 Third Avenue, Suite 1205 New York, New York 10022 (212) 967-8202 1 of 11 6 of 89 FILED: NEW YORK COUNTY CLERK 06/03/2020 01:34 PM INDEX NO. 805049/2020 NYSCEF DOC. NO. 9YORK INDEX RECEIVED NO. NYSCEF:805049/2020 06/03/2020 [FILED : NEW COUNTY CLERK 02/12/2020 04: 14 P NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/12/2020 TO: DAVID ELLlOT SEITZ, M.D. HOUSECALLMDNY, LLC 14H' 111 E. Street, #300 New York, New York 10003 2 of 11 7 of 89 FILED: NEW YORK COUNTY CLERK 06/03/2020 01:34 PM INDEX NO. 805049/2020 INDEX NO. 805049/2020 NYSCEF FILED DOC. : NEW NO. 9YORK COUNTY CLERK 02/12/2020 04: 14 PM| RECEIVED NYSCEF: 06/03/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/12/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ) Index No. JANICE ROVEN as Executor of the Estate of GLEN ) ROVEN and JANICE ROVEN, Individually, ) ) Plaintiff, ) ) -against- ) VERIFIED COMPLAINT ) DAVID ELLIOT SEITZ, M.D. and HOUSECALLMDNY, LLC ) Defendants. ) ) ) Plaintiff, byher attorneys, THE PAGAN LAW FIRM, P.C., complaining of the defendants herein, respectfully allege upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. That at alltimes mentioned herein, the plaintiff, JANICE ROVEN, is the Executor of the Estate of GLEN ROVEN, appointed pursuant to Letters Testamentary issued on October 3, 2018 by the Surrogate's Court New York County, State of New York arising from the death of GLEN ROVEN on July 25, 2018. 2. That JANICE ROVEN is a resident of New York County, in the city and state of New York and is the sisterof the decedent. 3. That the decedent, GLEN ROVEN, was a resident at the time of this death, of New York County, in the city and state of New York. 4. That atall times mentioned herein, upon infonnation and belief, defendant, DAVID ELLIOT SEITZ, M.D., was and is a physician licensed to practice medicine in the State of New 3 of 11 8 of 89 FILED: NEW YORK COUNTY CLERK 06/03/2020 01:34 PM INDEX NO. 805049/2020 NYSCEF DOC. NEW NO. 9YORK CLERK INDEX NYSCEF: RECEIVED NO. 805049/2020 06/03/2020 FILED : COUNTY 02/12/2020 04: 14 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/12/2020 York, represented himself to be so licensed, and engaged in practice of his profession in the State of New York. 5. That at alltimes mentioned, herein, upon infonnation and belief, defendantDAVID ELLlOT SEITZ, M.D., was and is an owner, principal, officer, physician, agent, servant, employee and/or independent contractor of defendant, HOUSECALLMDNY, LLC. 6. That at alltimes mentioned herein, upon information and belief, defendant DAVID ELLIOT SEITZ, M.D., was and is employed, authorized, retained and pennitted by defendant HOUSECALLMDNY, LLC, to render medical services and perform all necessary functions pertaining to and regularly followed in the care and treatment of patients of HOUSECALLMDNY, LLC . 7. That at all times mentioned herein, upon information and belief, defendant HOUSECALLMDNY, LLC, was and is a corporation organized and existing under the laws of the State of New York, and did, and does own, operate, manage and control defendant, located at 1401 111 E. Street, #300 New York, New York 10003. 8. That at alltimes mentioned herein defendants, collectively and/or independently and/or including their agents, servants, employees and/or independent contractors represented themselves to the public, and particularly the plaintiff's decedent, GLEN ROVEN herein, to be competent to perfonn and render all medical care and medical professional encounters, examinations, assessments, prescriptions, orders, referrals, planning, patient education, care, work, labor, services, treatments, procedures, diagnostics and/or tests that were to be rendered to plaintiff's decedent, GLEN ROVEN. 9. At alltimes relevant to this litigation, upon information and belief, defendants, their agents, servants, employees and/or independent contractors for a consideration, offered to 4 of 11 9 of 89 FILED: NEW YORK COUNTY CLERK 06/03/2020 01:34 PM INDEX NO. 805049/2020 INDEX NYSCEF: NO. 805049/2020 NYSCEF [FILED DOC. : NEW NO. 9YORK COUNTY CLERK 02/12/2020 04: 14 P RECEIVED 06/03/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/12/2020 render competent and adequate care, medical services, including but not limited to medical care, services and treatment and in general all necessary medical services to give and perfonn proper, adequate and competent encounters, examinations, assessments, planning, patient education, findings, interpretations, diagnosis, medical care, recommendations, procedures, prescriptions, referrals, testing, follow up, surveillance, diagnostics, treatment and attention to members of the general public, and more particularly, the plaintiff's decedent, GLEN ROVEN herein and further held themselves out as having necessary training, education, continuing medical education, experience and resources to perform the same. 10. At alltimes relevant to this litigation, plaintiff'sdecedent, GLEN ROVEN, on July 12, 2018 and July 13, 2018 related a history, various complaints, signs, symptoms, pains, presentations, sensations, and other clinical indications to defendants, and/or their agents, servants, assistants, partners, employees and/or independent contractors. 11. Plaintiff's decedent, GLEN ROVEN was encountered, examined, treated, assessed, diagnosed, misdiagnosed and/or prescribed medication by defendants, their employees, agents, servants, and/or independent contractors on July 12, 2018 and thereafter through July 13, 2018. 12. At alltimes relevant to this litigation, and thereafter, plaintiff's decedent, GLEN ROVEN, while a patient under the direction and medical care, supervision and treatment of defendants, complained and presented with a history, clinical indicators, complaints, presentations, signs and symptoms of illness and medical conditions requiring diagnostic work up and emergency medical care and treatment. 13. That on July 12, 2018 and July 13, 2018, defendants, collectively and/or independently, their agents, physicians, employees and/or independent contractors were negligent and failed follow good and accepted medical practices and procedures at alltimes herein: in failing 5 of 11 10 of 89 FILED: NEW YORK COUNTY CLERK 06/03/2020 01:34 PM INDEX NO. 805049/2020 INDEX NO. 805049/2020 NYSCEF [FILED DOC. : NEW NO. 9YORK COUNTY CLERK 02/12/2020 04: 14 PN1 RECEIVED NYSCEF: 06/03/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/12/2020 to timely and properly diagnose the plaintiff decedent's (hereinafter "plaintiff'); in causing and/or contributing to the delayed diagnosis of plaintiff's conditions including but not limited to pneumonia and a cascade of medical conditions and complications flowing therefrom; in failing to be cognizant of plaintiff's medical history, complaints, and clinical indicators and presentations at all times; in failing to timely and properly order and direct the plaintiff to immediately go to the emergency department of ahospital; in failing to seek, obtain and record an accurate and complete medical history and complaints and assessments at alltimes; in failing to timely, properly and/or accurately make and maintain plaintiff's medical record/chart; in failing to timely and properly confer with consults and/or make referrals to consults including but not limited to emergency medicine and/or infectious disease; in failing to timely and/or properly educate the patient, screen and/or testfor plaintiff's conditions, including pneumonia, and/or refer for the timely, proper and indicated work up(s) and diagnostic lab testing and imaging at alltimes; in failingto timely and/or properly rule out or timely diagnose plaintiff's conditions; in failing to timely and/or properly order, perfom1 and be aware of laboratory and/or diagnostic testing, imaging or serial testing and/or imaging of the plaintiff; in failing to timely and/or properly perform diagnostic testing and/or procedures; in failing to timely and properly have a differential diagnosis and/or rule in or out the differential diagnosis; in failing to timely and properly assess, plan and order timely and proper screening and/or surveillance of the plaintiff; in failing to be timely and properly cognizant of acute onset of symptoms; in failing to properly examine the plaintiff; in failing to draw blood and take urine samples for testing and analysis; in causing plaintiff to loose opportunities to cure his conditions and/or prevent his conditions from worsening and compromising his survival; in failing to timely and/or properly detennine the etiology of plaintiff's complaints and presentations; in failing to optimize the plaintiff's chance for recovery; in failing to timely and properly render 6 of 11 11 of 89 FILED: NEW YORK COUNTY CLERK 06/03/2020 01:34 PM INDEX NO. 805049/2020 INDEX NO. 805049/2020 NYSCEF FILED DOC. : NEW NO. 9YORK COUNTY CLERK 02/12/2020 04:14 PM| RECEIVED NYSCEF: 06/03/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/12/2020 medical treatment to plaintiffat all times; in failing to provide timely and proper informed consent and/or patient education, infonnation and/or guidelines or pertinent warnings to plaintiff; in failing to give timely and/or proper instruction for screening, testing, imaging and/or follow up; in failing and omitting to make an understandable disclosure to plaintiff of risks; in failing to timely and/or properly monitor the plaintiff; in misdiagnosing plaintiff; and in failing to properly prescribe medication. 14. That as a result of the acts and/or omissions of defendants and their physicians, agents, servants, residents, employees and/or independent contractors, independently and/or collectively and their departures from good and accepted medical care and practices as aforesaid hereinabove and without any negligence on the part of the plaintiff contributing thereto, plaintiff was caused to sustain damages untilhis death on July 25, 2018 from the untimely diagnosis of his conditions and he sustained severe personal bodily and emotional injuries, including conscious physical pain and suffering and conscious emotional pain and suffering, fear and knowledge of impending death until his death on July 25, 2018. 15. That by reason of the foregoing departures, the Estate of GLEN ROVEN herein has sustained damages that are excess of the jurisdictional limits of all lower Courts which would otherwise have jurisdiction over the defendants herein. 7 of 11 12 of 89 FILED: NEW YORK COUNTY CLERK 06/03/2020 01:34 PM INDEX NO. 805049/2020 INDEX NO. 805049/2020 NYSCEF FILED DOC. : NEW NO. 9YORK COUNTY CLERK 02 /12/2020 04:14 PM| RECEIVED NYSCEF: 06/03/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/12/2020 AS AND FOR A SECOND CAUSE OF ACTION 16. Plaintiff repeats, reiterate and reallege each and every allegation of the complaint "1" "15" set forth in paragraphs through of the First Cause of Action of this Complaint with the same forces and effects as though said allegations were herein fully set forth at length. 17. That at alltimes herein mentioned, plaintiff's decedent is survived by his sister, JANICE ROVEN and next of kin, including but not limited to infants for whom the decedent provided parental guidance before his death. 18. That the limitations on liabilityset forth in the CPLR § 1601 do not apply. 19. The limitations on liability set forth in CPLR § 1601 do not apply by reason of one or more of the exceptions thereto set forth in CPLR § 1602. 20. That by reason of the aforesaid, plaintiff JANICE ROVEN and the decedent's next of kin are deprived of the decedent's care, comfort, services and parental guidance and they were caused to incur pecuniary losses in connection with his death. 21. That plaintiff's decedent, GLEN ROVEN, was a diligent, industrious and loving defendants' brother and uncle and provided services to his next of kin and as a resultof negligence herein, the survivors of plaintiff's decedent, have sustained wrongful death pecuniary damages including but not limited to funeral and burial costs and pecuniary losses including but not limited to the loss of services and support and guidance of the decedent. 22. That by reason of the foregoing, JANICE ROVEN individually, and the next of kin of decedent, as survivors, have sustained wrongful death damages herein in excess of the jurisdictional limits of all lower Courts which would otherwise have jurisdiction over the defendants herein. 8 of 11 13 of 89 FILED: NEW YORK COUNTY CLERK 06/03/2020 01:34 PM INDEX NO. 805049/2020 INDEX NO. 805049/2020 NYSCEF FILED DOC. : _ NEW NO. -i-ORK 9 COUNTY CLERK 02 /12/2020 04:14 PM| RECEIVED NYSCEF: 06/03/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/12/2020 WHEREFORE, plaintiff demands judgment against the defendants, on the Firstthrough Second causes of action, in a monetary award and damages which exceed the jurisdictional limits of all lower Court which would otherwise have jurisdiction over the defendants herein, together with the costs and disbursements of this action. Dated: New York, New York February 12, 2020 urs etc., , la M/Pa an, Esq. THE AG L W FIRM, P.C. Attorneys fo aintiff 805 Third Avenue, Suite 1205 New York, New York 10022 (212) 967-8202 9 of 11 14 of 89 FILED: NEW YORK COUNTY CLERK 06/03/2020 01:34 PM INDEX NO. 805049/2020 INDEX NO. 805049/2020 FILED NYSCEF DOC. : NEW NO. 9YORK COUNTY CLERK 02/12/2020 04:14 PH RECEIVED NYSCEF: 06/03/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/12/2020 VERIFlCATION STATE OF NEW YORK ) COUNTY OF NEW Y ORK)ss.: I,the undersigned, am the plaintiff in the within action; I have read the foregoing COMPLAINT and know the contents thereof: the same is trueto my knowledge, except as to the matters therein stated to be alleged on information and belief,and as to those matters, I believe itto be true. Dated: February (t_, 202 JANICE ROVEN n to before me this ay of Febt ary, 2020 Notary I blic 4 000 10 of 11 15 of 89 FILED: NEW YORK COUNTY CLERK 06/03/2020 01:34 PM INDEX NO. 805049/2020 NYSCEF DOC.NEWNO. 9YORK INDEX RECEIVED NO. NYSCEF:805049/2020 06/03/2020 [FILED: COUNTY CLERK 02/12/2020 04:14 Pl NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/12/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ) Index No. JANICE ROVEN as Executor of the Estate of GLEN ) ROVEN and JANICE ROVEN, Individually, ) ) Plaintiff, ) -against- ) ) DAVID ELLIOT SEITZ, M.D. and HOUSECALLMDNY, LLC Defendants. SUMMONS AND VERIFIED COMPLAINT THE PAGAN LAW FIRM, P.C. Attorneys for Plaintiff 805 Tllird Avenue, Suite 1205 New York, New York 10022 (212) 967-8202