Preview
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 08/29/2022
EXHIBIT B
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 08/29/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------------------------------x
DINO BONAVITA,
Plaintiff, VERIFIED ANSWER
-against- Index No.: 611506/2018
SYED MUJAHD SAYEED, M.D., PRECISION
SURGERY OF NEW YORK, P.C., NORTH SHORE
UNIVERSITY HOSPITAL, and NORTHWELL
HEALTH,
Defendants.
___------...___.--------------------------------------------Ç
The defendant, PRECISION SURGERY OF NEW YORK, P.C., by its attorneys, LAW
OFFICES OF BENVENUTO & SLATTERY, answering the complaint of the plaintiff, upon
information and belief, respectfully shows to this Court and alleges:
1. Denies any knowledge or information sufficient to form a belief as to the truth of
"24"
the allegations contained in paragraphs "1", "16", "17", "23", and of the plaintiff's
complaint.
2. Denies any knowledge or information sufficient to form a belief as to the truth of
"2"
the allegations in the form alleged contained in paragraph of the plaintiff's complaint, except
admits that defendant SYED MUJAHID SAYEED, M.D. was and is a physician duly licensed to
practice medicine in the State of New York.
3. Denies any knowledge or information sufficient to form a belief as to the truth of
the allegations in the form alleged contained in paragraphs "3", "4", "5", "6", "7", "8", "11",
"12", "13", "18", "19", "20", "21", "25", "26", "27", "28", "34", "35", "36", "37", "38", and
"39"
of the plaintiff's complaint, except begs leave to refer all questions of fact to the trier of fact
and allquestions of law to the Court.
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 08/29/2022
4. Denies any knowledge or information sufficient to form a belief as to the truth of
"9" "10"
the allegations in the form alleged contained in paragraphs and of the plaintiff's
complaint, except admits defendant, PRECISION SURGERY OF NEW YORK, P.C., was and
is a domestic professional corporation duly organized and existing under and by virtue of the laws
of the State of New York with an office located at 139 Plandome Road, Manhasset, New York
11030.
5. Denies each and every allegation in the form alleged contained in paragraphs "14",
"33" plaintiff(s)'
"15", "22", "29", and of the complaint.
6. Denies any knowledge or information sufficient to form a belief as to the truth of
"32"
the allegations in the form alleged contained in paragraphs "30", "31", and of the plaintiff's
complaint, except admits that defendant SYED MUJAHID SAYEED, M.D. was and is
competent to render services in his area of specialty, and otherwise refers all questions of fact to
the trier of fact and allquestions of law to the court.
ANSWERING THE FIRST CAUSE OF ACTION:
"40"
7. Answering paragraph of the plaintiff's complaint, the answering defendant
repeats, reiterates and realleges each and every denial heretofore made in regard to each and
"1"
every paragraph contained in the plaintiff's complaint, designated as paragraphs through
"39", inclusive, with the same force and effect as if more fully set forth at length herein.
8. Denies any knowledge or information sufficient to form a belief as to the truth of
"45"
the allegations in the form alleged contained in paragraphs "41", "42", "43", "44", and of
the plaintiff's complaint, except begs leave to refer all questions of fact to the trier of fact and all
questions of law to the Court.
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 08/29/2022
9. Denies each and every allegation contained in paragraphs "46", "47", "48", "50",
"54"
"51", "53", and of the plaintiff's complaint.
"49"
10. Denies each and every allegation in the form alleged contained in paragraphs
"52" plaintiff(s)'
and of the complaint.
ANSWERING THE SECOND CAUSE OF ACTION:
"55"
11. Answering paragraph of the plaintiff's complaint, the answering defendant
repeats, reiterates and realleges each and every denial heretofore made in regard to each and
"1"
every paragraph contained in the plaintiff's complaint, designated as paragraphs through
"54", inclusive, with the same force and effect as if more fully set forth at length herein.
"56"
12. Denies each and every allegation in the form alleged contained in paragraphs
"57" plaintiff(s)'
and of the complaint.
13. Denies each and every allegation contained in paragraphs "58", "59", "60", and
"61" plaintiff(s)'
of the complaint.
AS AND FOR A FIRST DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
14. The alleged cause and/or causes of action set forth in the complaint did not accrue
within the applicable statutory period preceding the commencement of said actions, and said
actions are barred by the statute of limitations.
AS AND FOR A SECOND DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
15. That this answering defendant reserves the right to claim the limitations of
pursuant to Article 16 of the for herein the plaintiff for non-
liability CPLR, any recovery by
economic loss.
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 08/29/2022
AS AND FOR A THIRD DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
16, That any injuries and resulting damages sustained by the plaintiff at the time and
place mentioned in the complaint were caused solely and wholly by reason of the carelessness,
negligence, recklessness and acts or omissions on the part of the plaintiff and were not caused or
contributed to by reason of any carelessness, negligence, recklessness or acts or omissions on the
part of this answering defendant.
AS AND FOR A FOURTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
17. That the defendant acted in accordance with the appropriate provisions of section
2805-d of the Public Health Law and relies on the defenses set out therein,
AS AND FOR A FIFTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
18, In the event the plaintiff recovers a verdict or judgment against this answering
defendants, sucli verdict or judgment must be reduced pursuant to §4545 of the CPLR by those
amounts which have been, or will, with reasonable certainty replace or indemnify the plaintiff in
whole or in part, for any past or future claimed economic loss, from any collateral source.
AS AND FOR A SIXTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
19, If the plaintiff is entitled to recover damages for loss of eamings or impairment of
earning ability as against this answering defendant, PRECISION SURGERY OF NEW
YORK, P.C., by reason of the matters alleged in the Complaint, liability for which is hereby
denied, then pursuant to CPLR §4546 the amount of damages recoverable against said defendant,
if any, shall be reduced by the amount of federal, state and local income taxes which the plaintiff
would have been obligated by law to pay.
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 08/29/2022
AS AND FOR A SEVENTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
20. This answering defendant asserts the defense of set-off to reduce the plaintiff's
claims under §15-108 of the General Obligations Law.
AS AND FOR AN EIGHTH DEFENSE,
THIS ANSWÈRING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
21. If the plaintiff was caused to sustain personal injuries and resulting damages at the
time and place set forth in the plaintiff's complaint and in the manner alleged therein through any
carelessness, recldessness, acts, omissions, negligence and/or breaches of duty and/or warranty
and/or contract other than of the plaintiff, then said injuries and damages arose out of the several
and joint carelessness, recklessness, acts, omissions, negligence and breaches of duty and/or
obligation and/or statute, and/or warranty, and/or contract in fact or implied in law, upon the part
of non-parties subject to in-personam jurisdiction, and if this pleading defendant is found
negligent as to the plaintiff for the injuries and damages set forth in the plaintiff's complaint,
then and in that e4ent, the relative responsibilities of said pleading defendant must be
apportioned by the percentage of liability of said non-parties subject to in-personam jurisdiction.
WHEREFORE, the defendant, PRECISION SURGERY OF NEW YORK, P.C.,
plaintiff(s)'
demands judgment dismissing the complaint with the costs and disbursements of this
action.
Dated: Roslyn, New York
September 28, 2018
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 08/29/2022
Yours, etc.,
LAW OFFICES OF
BENVENUTO & SLATTERY
Attorneys for Defendant
PRECISION SURGERY OF NEW
YORK, P.C.
1800 Northern Boulevard
Roslyn, New York 11576
(516) 775-2236
TO: CAITLIN ROBIN & ASSOCIATES, PLLC
Attorneys for Plaintiff
30 Broad Street, Suite 702
New York, New York 10004
(646) 524W6026
Preview
FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 08/29/2022 EXHIBIT B FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 08/29/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------------------------------------x DINO BONAVITA, Plaintiff, VERIFIED ANSWER -against- Index No.: 611506/2018 SYED MUJAHD SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, Defendants. ___------...___.--------------------------------------------Ç The defendant, PRECISION SURGERY OF NEW YORK, P.C., by its attorneys, LAW OFFICES OF BENVENUTO & SLATTERY, answering the complaint of the plaintiff, upon information and belief, respectfully shows to this Court and alleges: 1. Denies any knowledge or information sufficient to form a belief as to the truth of "24" the allegations contained in paragraphs "1", "16", "17", "23", and of the plaintiff's complaint. 2. Denies any knowledge or information sufficient to form a belief as to the truth of "2" the allegations in the form alleged contained in paragraph of the plaintiff's complaint, except admits that defendant SYED MUJAHID SAYEED, M.D. was and is a physician duly licensed to practice medicine in the State of New York. 3. Denies any knowledge or information sufficient to form a belief as to the truth of the allegations in the form alleged contained in paragraphs "3", "4", "5", "6", "7", "8", "11", "12", "13", "18", "19", "20", "21", "25", "26", "27", "28", "34", "35", "36", "37", "38", and "39" of the plaintiff's complaint, except begs leave to refer all questions of fact to the trier of fact and allquestions of law to the Court. FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 08/29/2022 4. Denies any knowledge or information sufficient to form a belief as to the truth of "9" "10" the allegations in the form alleged contained in paragraphs and of the plaintiff's complaint, except admits defendant, PRECISION SURGERY OF NEW YORK, P.C., was and is a domestic professional corporation duly organized and existing under and by virtue of the laws of the State of New York with an office located at 139 Plandome Road, Manhasset, New York 11030. 5. Denies each and every allegation in the form alleged contained in paragraphs "14", "33" plaintiff(s)' "15", "22", "29", and of the complaint. 6. Denies any knowledge or information sufficient to form a belief as to the truth of "32" the allegations in the form alleged contained in paragraphs "30", "31", and of the plaintiff's complaint, except admits that defendant SYED MUJAHID SAYEED, M.D. was and is competent to render services in his area of specialty, and otherwise refers all questions of fact to the trier of fact and allquestions of law to the court. ANSWERING THE FIRST CAUSE OF ACTION: "40" 7. Answering paragraph of the plaintiff's complaint, the answering defendant repeats, reiterates and realleges each and every denial heretofore made in regard to each and "1" every paragraph contained in the plaintiff's complaint, designated as paragraphs through "39", inclusive, with the same force and effect as if more fully set forth at length herein. 8. Denies any knowledge or information sufficient to form a belief as to the truth of "45" the allegations in the form alleged contained in paragraphs "41", "42", "43", "44", and of the plaintiff's complaint, except begs leave to refer all questions of fact to the trier of fact and all questions of law to the Court. FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 08/29/2022 9. Denies each and every allegation contained in paragraphs "46", "47", "48", "50", "54" "51", "53", and of the plaintiff's complaint. "49" 10. Denies each and every allegation in the form alleged contained in paragraphs "52" plaintiff(s)' and of the complaint. ANSWERING THE SECOND CAUSE OF ACTION: "55" 11. Answering paragraph of the plaintiff's complaint, the answering defendant repeats, reiterates and realleges each and every denial heretofore made in regard to each and "1" every paragraph contained in the plaintiff's complaint, designated as paragraphs through "54", inclusive, with the same force and effect as if more fully set forth at length herein. "56" 12. Denies each and every allegation in the form alleged contained in paragraphs "57" plaintiff(s)' and of the complaint. 13. Denies each and every allegation contained in paragraphs "58", "59", "60", and "61" plaintiff(s)' of the complaint. AS AND FOR A FIRST DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 14. The alleged cause and/or causes of action set forth in the complaint did not accrue within the applicable statutory period preceding the commencement of said actions, and said actions are barred by the statute of limitations. AS AND FOR A SECOND DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 15. That this answering defendant reserves the right to claim the limitations of pursuant to Article 16 of the for herein the plaintiff for non- liability CPLR, any recovery by economic loss. FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 08/29/2022 AS AND FOR A THIRD DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 16, That any injuries and resulting damages sustained by the plaintiff at the time and place mentioned in the complaint were caused solely and wholly by reason of the carelessness, negligence, recklessness and acts or omissions on the part of the plaintiff and were not caused or contributed to by reason of any carelessness, negligence, recklessness or acts or omissions on the part of this answering defendant. AS AND FOR A FOURTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 17. That the defendant acted in accordance with the appropriate provisions of section 2805-d of the Public Health Law and relies on the defenses set out therein, AS AND FOR A FIFTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 18, In the event the plaintiff recovers a verdict or judgment against this answering defendants, sucli verdict or judgment must be reduced pursuant to §4545 of the CPLR by those amounts which have been, or will, with reasonable certainty replace or indemnify the plaintiff in whole or in part, for any past or future claimed economic loss, from any collateral source. AS AND FOR A SIXTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 19, If the plaintiff is entitled to recover damages for loss of eamings or impairment of earning ability as against this answering defendant, PRECISION SURGERY OF NEW YORK, P.C., by reason of the matters alleged in the Complaint, liability for which is hereby denied, then pursuant to CPLR §4546 the amount of damages recoverable against said defendant, if any, shall be reduced by the amount of federal, state and local income taxes which the plaintiff would have been obligated by law to pay. FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 08/29/2022 AS AND FOR A SEVENTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 20. This answering defendant asserts the defense of set-off to reduce the plaintiff's claims under §15-108 of the General Obligations Law. AS AND FOR AN EIGHTH DEFENSE, THIS ANSWÈRING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 21. If the plaintiff was caused to sustain personal injuries and resulting damages at the time and place set forth in the plaintiff's complaint and in the manner alleged therein through any carelessness, recldessness, acts, omissions, negligence and/or breaches of duty and/or warranty and/or contract other than of the plaintiff, then said injuries and damages arose out of the several and joint carelessness, recklessness, acts, omissions, negligence and breaches of duty and/or obligation and/or statute, and/or warranty, and/or contract in fact or implied in law, upon the part of non-parties subject to in-personam jurisdiction, and if this pleading defendant is found negligent as to the plaintiff for the injuries and damages set forth in the plaintiff's complaint, then and in that e4ent, the relative responsibilities of said pleading defendant must be apportioned by the percentage of liability of said non-parties subject to in-personam jurisdiction. WHEREFORE, the defendant, PRECISION SURGERY OF NEW YORK, P.C., plaintiff(s)' demands judgment dismissing the complaint with the costs and disbursements of this action. Dated: Roslyn, New York September 28, 2018 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 86 RECEIVED NYSCEF: 08/29/2022 Yours, etc., LAW OFFICES OF BENVENUTO & SLATTERY Attorneys for Defendant PRECISION SURGERY OF NEW YORK, P.C. 1800 Northern Boulevard Roslyn, New York 11576 (516) 775-2236 TO: CAITLIN ROBIN & ASSOCIATES, PLLC Attorneys for Plaintiff 30 Broad Street, Suite 702 New York, New York 10004 (646) 524W6026