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FILED: QUEENS COUNTY CLERK 12/10/2019 12:40 PM INDEX NO. 704658/2018
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 12/10/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------ --------¬_______----------------------------------X
ROSEMARY DANIELS, as Administrator of Index No.: 704658/2018
the Estate of IVOIRE DANIELS, Deceased,
DEMAND FOR VERIFIED
Plaintiff, BILLOFPARTICULARS ON
BEHALF OF PA_UL__S. LAJOS,
- against - M.D.
SOTIRIOS KASSAPIDIS, M.D., PAUL S.
LAJOS, M.D., JAYANTILAL PATEL, M.D.,
GARY SCLAR, M.D., and MOUNT SINAI
HOSPITAL QUEENS,
Defendants.
_____-________---___________________---------------------X
PLEASE TAKE NOTICE, that pursuant to Section 3041, Rules 3042 and 3043, and
Sections 3044 and 4545 of the Civil Practice Law and Rules, you are hereby required to
serve a Verified Bill of Particulars upon the undersigned within twenty (20) days after
receipt of this Demand as to the following items:
1. The dates and approXimate times of the day of the alleged negligent acts
and/or omissions which will be alleged against the answering defendant(s)
herein.
2. The approXimate location of the alleged negligent acts and/or omissions
charged against the answering defendant(s) herein.
3. A general statement of the acts or omissions constituting the negligence
and/or malpractice alleged against the answering defendant.
4. Where notice of a condition is a prerequisite, whether actual or constructive
notice is claimed.
5. If actual notice is claimed, a statement of when and to whom it was given.
6. State:
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(a) The injuries the plaintiff suffered as a result of the alleged negligence
and/or malpractice of the answering defendant(s).
(b) Set forth which injuries are claimed to be permanent and in what
respect they are claimed to be permanent.
7. State whether or not any claim is made as to improper or defective equipment
and, if so, identify the equipment and state the defective conditions.
8. State the length of time the plaintiff was confined to each of the following:
(a) Bed;
(b) House;
(c) Hospital.
9. State separately the total amounts claimed by the plaintiff as special damages
for each of the following:
Physicians'
(a) services, with names and addresses of physicians;
Nurses'
(b) services;
(c) Medical supplies;
(d) Hospital expenses, with the names and addresses of all hospitals;
(e) Loss of earnings;
(f) Any other expenses.
10. Ifplaintiff received reimbursement or indemnification for any of the special
"9"
damages set forth in response to item above or if payment of such bills
or damages was made on the plaintiff s behalf, state:
(a) The amounts for which the plaintiff was reimbursed or indemnified,
or payment of which was made on plaintiff s behalf;
(b) The services for which such amounts were reimbursed or indemnified,
or for which payment was made on plaintiff s behalf;
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(c) The source or sources of such reimbursement, indemnification or
payment.
11. State:
(a) Occupation of the plaintiff.
(b) Name and address of plaintiffs employer; if self-employed, state the
address of his/her place of employment and the type of business or
occupation in which he was engaged immediately prior to the
occurrence.
(c) The length of time plaintiff was unable to attend to his employment.
(d) The amount of money plaintiff was alleged to have earned during the
year prior to the occurrence.
(e) The amount of earnings the plaintiff was alleged to have lost as a
result of the occurrence.
12. State the date of birth of the plaintiff.
13. State the residence address of the plaintiff.
14. Set forth the Social Security Number of the plaintiff(s).
15. If it will be claimed that defendant hospital is vicariously liable to plaintiff
for the acts or omissions of another person or entity, state:
(a) The name of such other person or entity for whom defendant
hospital is claimed to be vicariously liable; and
(b) The facts upon which the claim of vicarious liability is based.
16. If it will be claimed that the defendant performed or undertook any part of
the treatment without the patient's informed consent, set forth the following:
(a) The risks of the procedure and/or treatment known to the patient
before it was performed.
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(b) The information concerning the risks imparted to the patient by the
defendant.
(c) The information concerning the risks imparted to the patient by the
other physicians.
(d) Any assurances provided to the defendant or others by the patient to
the effect that the patient wanted the procedure and/or treatment
performed regardless of the risks or that the patient did not want to be
informed of the risks by the defendant.
(e) The circumstances making it reasonably possible for the defendant to
obtain consent by or on behalf of the patient.
(f) The additional information, if any, which the defendant should have
provided the patient concerning the procedure and/or treatment.
17. Please state the grounds for the inapplicability of CPLR Article 16.
18. If an exception under CPLR §1602 is claimed:
(a) Please state the Section(s) which are applicable;
(b) Please state the grounds upon which the claim for an exception
under CPLR §1602 is based.
19. If a claim of negligence in the hiring, granting or renewal of privileges to
the staff of defendant hospital is made, please state:
(a) What staff member, by name, was negligently hired and/or extended
privileges;
(b) When there was a failure to investigate that individual(s);
(c) Who failed to so investigate;
(d) What should have been investigated;
(e) What, in each member(s) past history, would have been disclosed had
that investigation been completed.
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20. If a claim of negligence is made in the supervision of personnel by defendant
hospital, please state:
(a) What staff member was not properly supervised;
(b) Who was or should have been supervising that staff member;
(c) In what manner said staff member was not properly supervised;
(d) What occurred as a result of that alleged lack of supervision.
IN THE EVENT of your failure to comply with this Demand for a Verified Bill of
Particulars within twenty (20) days, a motion will be made for an Order precluding you
from offering any evidence at the trial of this action with respect to the foregoing demands.
Dated: Lake Success, New York
December 9, 2019
,.AHMUTY'
SHAU I & SPRATT, LLP
By:
LAURA M. PAPA
Attorneys for Defendants
PAUL S. LAJOS, M.D., JAYANTILAL
PATEL, M.D., and THE MOUNT SINAI
HOSPITAL s/h/a MOUNT SINAI
HOSPITAL QUEENS
1983 Marcus Avenue
Lake Success, New York 11042-1056
(516) 488-3300
TO: BURNS & HARRIS
Attorneys for Plaintiff
233 Broadway, Suite 900
New York, New York 10279
(212) 393-1000
01086488.1
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NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 12/10/2019
LAW OFFICES OF BENVENUTO & SLATTERY
Attorneys for Defendants
SOTIRIOS KASSAPIDIS, M.D.
and GARY SCLAR, M.D.
1800 Northern Blvd.
Roslyn, NY 11576
(516) 775-2236
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
ROSEMARY DANIELS, as Administrator
of the Estate of IVOIRE DANIELS, Index No.: 704658/2018
Deceased,
Plaintiff,
- against -
SOTIRIOS KASSAPIDIS, M.D., PAUL S.
LAJOS, M.D., JAYANTILAL PATEL,
M.D., GARY SCLAR, M.D., and MOUNT
SINAI HOSPITAL QUEENS,
Defendants.
DEMAND FOR VERIFIED BILL OF PARTICULARS ON BEHALF OF
PAUL S. LAJOS, M.D.
SHAUB, AHMUTY, CITRIN & SPRATT, LLP
Attorneys for Defendants
PAUL S. LAJOS, M.D., JAYANTILAL PATEL, M.D., and THE MOUNT SINAI
HOSPITAL s/h/a MOUNT SINAI HOSPITAL QUEENS
Office and Post Office Address
1983 Marcus Avenue
Lake Success, NY 11042-1056
Telephone (516) 488-3300
TO: ALL PARTIES
01086488,1
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Preview
FILED: QUEENS COUNTY CLERK 12/10/2019 12:40 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 12/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------ --------¬_______----------------------------------X ROSEMARY DANIELS, as Administrator of Index No.: 704658/2018 the Estate of IVOIRE DANIELS, Deceased, DEMAND FOR VERIFIED Plaintiff, BILLOFPARTICULARS ON BEHALF OF PA_UL__S. LAJOS, - against - M.D. SOTIRIOS KASSAPIDIS, M.D., PAUL S. LAJOS, M.D., JAYANTILAL PATEL, M.D., GARY SCLAR, M.D., and MOUNT SINAI HOSPITAL QUEENS, Defendants. _____-________---___________________---------------------X PLEASE TAKE NOTICE, that pursuant to Section 3041, Rules 3042 and 3043, and Sections 3044 and 4545 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars upon the undersigned within twenty (20) days after receipt of this Demand as to the following items: 1. The dates and approXimate times of the day of the alleged negligent acts and/or omissions which will be alleged against the answering defendant(s) herein. 2. The approXimate location of the alleged negligent acts and/or omissions charged against the answering defendant(s) herein. 3. A general statement of the acts or omissions constituting the negligence and/or malpractice alleged against the answering defendant. 4. Where notice of a condition is a prerequisite, whether actual or constructive notice is claimed. 5. If actual notice is claimed, a statement of when and to whom it was given. 6. State: 01086488.1 1 of 7 FILED: QUEENS COUNTY CLERK 12/10/2019 12:40 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 12/10/2019 (a) The injuries the plaintiff suffered as a result of the alleged negligence and/or malpractice of the answering defendant(s). (b) Set forth which injuries are claimed to be permanent and in what respect they are claimed to be permanent. 7. State whether or not any claim is made as to improper or defective equipment and, if so, identify the equipment and state the defective conditions. 8. State the length of time the plaintiff was confined to each of the following: (a) Bed; (b) House; (c) Hospital. 9. State separately the total amounts claimed by the plaintiff as special damages for each of the following: Physicians' (a) services, with names and addresses of physicians; Nurses' (b) services; (c) Medical supplies; (d) Hospital expenses, with the names and addresses of all hospitals; (e) Loss of earnings; (f) Any other expenses. 10. Ifplaintiff received reimbursement or indemnification for any of the special "9" damages set forth in response to item above or if payment of such bills or damages was made on the plaintiff s behalf, state: (a) The amounts for which the plaintiff was reimbursed or indemnified, or payment of which was made on plaintiff s behalf; (b) The services for which such amounts were reimbursed or indemnified, or for which payment was made on plaintiff s behalf; 01086488.1 2 of 7 FILED: QUEENS COUNTY CLERK 12/10/2019 12:40 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 12/10/2019 (c) The source or sources of such reimbursement, indemnification or payment. 11. State: (a) Occupation of the plaintiff. (b) Name and address of plaintiffs employer; if self-employed, state the address of his/her place of employment and the type of business or occupation in which he was engaged immediately prior to the occurrence. (c) The length of time plaintiff was unable to attend to his employment. (d) The amount of money plaintiff was alleged to have earned during the year prior to the occurrence. (e) The amount of earnings the plaintiff was alleged to have lost as a result of the occurrence. 12. State the date of birth of the plaintiff. 13. State the residence address of the plaintiff. 14. Set forth the Social Security Number of the plaintiff(s). 15. If it will be claimed that defendant hospital is vicariously liable to plaintiff for the acts or omissions of another person or entity, state: (a) The name of such other person or entity for whom defendant hospital is claimed to be vicariously liable; and (b) The facts upon which the claim of vicarious liability is based. 16. If it will be claimed that the defendant performed or undertook any part of the treatment without the patient's informed consent, set forth the following: (a) The risks of the procedure and/or treatment known to the patient before it was performed. 01086488.1 3 of 7 FILED: QUEENS COUNTY CLERK 12/10/2019 12:40 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 12/10/2019 (b) The information concerning the risks imparted to the patient by the defendant. (c) The information concerning the risks imparted to the patient by the other physicians. (d) Any assurances provided to the defendant or others by the patient to the effect that the patient wanted the procedure and/or treatment performed regardless of the risks or that the patient did not want to be informed of the risks by the defendant. (e) The circumstances making it reasonably possible for the defendant to obtain consent by or on behalf of the patient. (f) The additional information, if any, which the defendant should have provided the patient concerning the procedure and/or treatment. 17. Please state the grounds for the inapplicability of CPLR Article 16. 18. If an exception under CPLR §1602 is claimed: (a) Please state the Section(s) which are applicable; (b) Please state the grounds upon which the claim for an exception under CPLR §1602 is based. 19. If a claim of negligence in the hiring, granting or renewal of privileges to the staff of defendant hospital is made, please state: (a) What staff member, by name, was negligently hired and/or extended privileges; (b) When there was a failure to investigate that individual(s); (c) Who failed to so investigate; (d) What should have been investigated; (e) What, in each member(s) past history, would have been disclosed had that investigation been completed. 01086488.1 4 of 7 FILED: QUEENS COUNTY CLERK 12/10/2019 12:40 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 12/10/2019 20. If a claim of negligence is made in the supervision of personnel by defendant hospital, please state: (a) What staff member was not properly supervised; (b) Who was or should have been supervising that staff member; (c) In what manner said staff member was not properly supervised; (d) What occurred as a result of that alleged lack of supervision. IN THE EVENT of your failure to comply with this Demand for a Verified Bill of Particulars within twenty (20) days, a motion will be made for an Order precluding you from offering any evidence at the trial of this action with respect to the foregoing demands. Dated: Lake Success, New York December 9, 2019 ,.AHMUTY' SHAU I & SPRATT, LLP By: LAURA M. PAPA Attorneys for Defendants PAUL S. LAJOS, M.D., JAYANTILAL PATEL, M.D., and THE MOUNT SINAI HOSPITAL s/h/a MOUNT SINAI HOSPITAL QUEENS 1983 Marcus Avenue Lake Success, New York 11042-1056 (516) 488-3300 TO: BURNS & HARRIS Attorneys for Plaintiff 233 Broadway, Suite 900 New York, New York 10279 (212) 393-1000 01086488.1 5 of 7 FILED: QUEENS COUNTY CLERK 12/10/2019 12:40 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 12/10/2019 LAW OFFICES OF BENVENUTO & SLATTERY Attorneys for Defendants SOTIRIOS KASSAPIDIS, M.D. and GARY SCLAR, M.D. 1800 Northern Blvd. Roslyn, NY 11576 (516) 775-2236 01086488.1 6 of 7 FILED: QUEENS COUNTY CLERK 12/10/2019 12:40 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 12/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ROSEMARY DANIELS, as Administrator of the Estate of IVOIRE DANIELS, Index No.: 704658/2018 Deceased, Plaintiff, - against - SOTIRIOS KASSAPIDIS, M.D., PAUL S. LAJOS, M.D., JAYANTILAL PATEL, M.D., GARY SCLAR, M.D., and MOUNT SINAI HOSPITAL QUEENS, Defendants. DEMAND FOR VERIFIED BILL OF PARTICULARS ON BEHALF OF PAUL S. LAJOS, M.D. SHAUB, AHMUTY, CITRIN & SPRATT, LLP Attorneys for Defendants PAUL S. LAJOS, M.D., JAYANTILAL PATEL, M.D., and THE MOUNT SINAI HOSPITAL s/h/a MOUNT SINAI HOSPITAL QUEENS Office and Post Office Address 1983 Marcus Avenue Lake Success, NY 11042-1056 Telephone (516) 488-3300 TO: ALL PARTIES 01086488,1 7 of 7