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FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 08/29/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-------------------------------------------------------------------------X
DINO BONAVITA,
Plaintiff, STATEMENT OF FACTS
Index No.: 611506/2018
-against-
SYED MUJAHID SAYEED, M.D., PRECISION
SURGERY OF NEW YORK, P.C., NORTH SHORE
UNIVERSITY HOSPITAL, and NORTHWELL HEALTH,
Defendants.
------------------------------------------------------------------------X
Linda M. Lin, Esq., an attorney admitted to practice before the Courts of the State of New
York, submits the following pursuant to the Uniform Rules for the Trial Courts 22 NYCRR 202.8-
g(a), contending that to the best of our knowledge there is no genuine issue to be tried with respect
to the following facts:
STATEMENT OF MATERIAL FACTS
1. On July 21, 2017, at approximately 7:25 p.m., Mr. Bonavita, then 48 years old, injured his
right hand at his home when his hand went through a single glass pane of a French door. His wife
and two young children were present in the house. (Exhibit D, Bonavita testimony pp.42-43, 51).
2. Immediately after the impact, his ring finger and pinky finger from the knuckles down were
hanging at a 90 degree angle, he was unable to extend them, and his right hand was bleeding from
the wounds on his ring and pink fingers and the knuckles. Mr. Bonavita’s wife called 911. The
Nassau County Police arrived approximately 10 minutes later and shortly thereafter the Roslyn
Rescue Hook & Ladder EMS ambulance arrived, and subsequently transported Mr. Bonavita to
the Emergency Department at North Shore University Hospital in Manhasset (hereinafter NSUH
ED). Mr. Bonavita’s wife remained home with their children. The EMS records reflect that Mr.
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Bonavita shattered a glass picture frame with his hand as he was getting out of the shower.
(Exhibit D, Bonavita testimony, pp. 53-54, 56, 58 and Exhibit M, Roslyn Rescue Hook & Ladder,
p. 2).
3. At the NSUH ED, Mr. Bonavita stated that he was swinging his arms and hit a picture
frame on a wall half an hour prior to arriving at the emergency department and sustained
lacerations to the dorsum of the right hand, extensor tendon laceration of the right fourth finger,
and lacerations to the fifth finger of his right hand. (Exhibit I, NSUH records, p. 54).
4. At the NSUH ED, Mr. Bonavita was examined by a nonparty emergency department
physician who upon examination noted multiple lacerations of the right hand, including the second,
third, and fourth phalanx, PIP dorsum, fourth phalanx Metacarpophalangeal (MCP) medial aspect
2.5 cm laceration with extensor tendon laceration, diminished extension, fifth phalanx MCP,
medial aspect 2 cm laceration with full range of motion and no current bleeding. He was noted to
have extensor lag of the fourth finger and was unable to actively extend that finger. Mr. Bonavita
was diagnosed with laceration of the tendon and laceration of right hand with complication.
(Exhibit I, NSUH records, p. 59, 62).
5. The emergency department attending referred the patient to Dr. Syed Sayeed, a plastic
surgeon and hand surgeon who was serving as a consultant to the emergency room. Dr. Sayeed
examined the patient and noted multiple lacerations over the small finger at the level of the MCP
joint, over the Proximal Interphalangeal (PIP) joint of the ring finger as well as the base of the ring
finger on the radial side extending onto the dorsum of the hand. There was a wound over the PIP
joint of the middle finger and a wound over the PIP joint of the index finger, and Mr. Bonavita
was unable to extend his right finger either at the MCP joint or the PIP joint. At 8:30 p.m., x-rays
taken of the right hand obtained in part to identify the presence of retained glass fragments, showed
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no radiopaque foreign bodies, no acute fractures or dislocation of the right hand and mild first
Carpometacarpal (CMC) joint arthrosis. (Exhibit I, NSUH records, pp. 37-39, 47).
6. Mr. Bonavita was advised by Dr. Sayeed that he had sustained an extensor tendon injury.
Mr. Bonavita told Dr. Sayeed he was previously acquainted with a hand surgeon and plastic
surgeon Dr. Burt Greenberg. Dr. Greenberg was contacted on his cell phone and he told Mr.
Bonavita it would be acceptable to have Dr. Sayeed effect the surgical repairs. Dr. Sayeed
proceeded to evaluate the wounds to determine whether it was safe to repair the damage in the
emergency room. (Exhibit H, Sayeed testimony, pp. 11-14).
7. Dr. Sayeed explained to Mr. Bonavita there is always a possibility there may be foreign
bodies not immediately visualized within the wound. (Exhibit H, Sayeed testimony, p.26, ll.11-
19).
8. Dr. Sayeed performed an exploration of the wounds of Mr. Bonavita’s right hand, irrigated
the wounds, and surgically repaired the extensor tendon and lateral bands of the right ring finger
carpometacarpal joint. He repaired the metacarpophalangeal joint capsule of the right finger,
repaired the extensor tendon at the proximal interphalangeal joint right index finger, performed
debridement of the skin and subcutaneous tissue of the right hand, and applied a surgical dressing
as well as a short arm splint. Dr. Sayeed utilized 4-0 PDS sutures and 409 Vicryl sutures. The
patient tolerated the procedure without any intraoperative complications. (Exhibit I, NSUH
records, p. 41-42).
9. Mr. Bonavita was discharged from the Hospital the same day with a diagnosis of traumatic
injury to the dorsum of the right hand with laceration of tendon. (Exhibit I, NSUH records, p.
59).
10. On July 25, 2017, Mr. Bonavita presented at Dr. Sayeed’s office for a post extensor tendon
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repair follow up visit and was noted by the doctor as doing well. He was fitted for a custom
fabricated orthosis to immobilize the forearm, wrist, hand, and digits during the initial healing
process. (Exhibit H, Dr. Sayeed’s records, p.35-36).
11. Dr. Sayeed referred Mr. Bonavita to Nick Roselli, OT, for occupational therapy which he
attended from August 24, 2017, through October 24, 2017, and again from November 20, 2017,
through May 17, 2018. (Exhibit L, Roselli records and Exhibit H, Dr. Sayeed’s records, p.35-
36).
12. On August 7, 2017, Mr. Bonavita presented to Dr. Sayeed for a follow up office visit and
was again noted to be doing well. He complained of numbness on the volar aspect of the ring
finger ulnar side, and the radial side of the middle finger. Dr. Sayeed advised him to elevate his
hand and to continue using the splint. (Exhibit H, Dr. Sayeed’s records, p. 33).
13. On August 17, 2017, Mr. Bonavita presented to Dr. Sayeed for another routine follow up
office visit, sutures were removed and he was noted to be doing well. (Exhibit H, Dr. Sayeed’s
records, p. 30).
14. On August 24, 2017, Mr. Bonavita presented to Mr. Nick Roselli for occupational
therapy, on referral by Dr. Sayeed, and he remained in therapy through October 24, 2017. (Exhibit
L, Roselli records, p. 141, 175).
15. On August 31, 2017, Dr. Bonavita again presented to Dr. Sayeed for a follow up office
visit and was noted to be doing well post extensor tendon repair. He was prescribed a DC splint to
start with and a dynamic flexion splint if needed, to start passive and active range of motion
exercises, and was advised to elevate his hand. (Exhibit H, Dr, Sayeed’s records, p. 28-30).
16. On September 5, 2017, Mr. Bonavita was showing gradual improvement in the IP
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(interphalangeal) flexion of digits and good improvement in the MP (metacarpophalangeal) motion
of digits. (Exhibit L, Roselli records, p. 172).
17. On September 21, 2017, Mr. Bonavita presented to Dr. Sayeed for a follow up
appointment and complained of pain on the palmar surface of his hand with intermittent numbness
in his thumb. A physical examination revealed continued stiffness at his interphalangeal and
metacarpophalangeal joints, increased range of motion, tenderness and tendinitis. He was
prescribed steroids. Mr. Bonavita refused an injection at that visit. (Exhibit H, Dr. Sayeed’s
records, p. 27 and Exhibit L, Roselli’s records, p. 20).
18. On October 3, 2017, Dr. Sayeed prescribed a knuckle bender splint for the right ring finger
and referred the patient for x-rays of the right ring finger. (Exhibit H, Dr. Sayeed’s records, p. 24).
19. On October 4, 2017, an x-ray of Mr. Bonavita’s fourth finger showed faint, small, linear
densities within the dorsal soft tissues adjacent to the distal right fourth proximal phalanx on lateral
view, compatible with foreign bodies. (Exhibit H, Dr. Sayeed’s records, p. 21, 37).
20. On October 12, 2017, Mr. Bonavita presented to Dr. Sayeed for a follow up appointment
for an exploratory search under local anesthesia for foreign bodies just distal to the MCP joint after
x-rays showed possible small fragments at the distal aspect of the proximal phalanx. No foreign
bodies were found. Dr. Sayeed advised the patient this did not ensure that there was no glass there,
and if he continued to have pain and symptoms, further exploration may need to be conducted
under fluoroscopy. (Exhibit H, Dr. Sayeed’s records, p. 16).
21. On October 16, 2017, Mr. Bonavita presented to Dr. Burt Greenberg and complained of
continued pain in his right hand and decreased range of motion. He was referred for x-rays and an
MRI. (Exhibit J, Dr. Greenberg’s records, p. 12).
22. On October 18, 2017, an MRI of the right hand taken pre and post IV contrast revealed
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subcutaneous edema at the dorsal aspect of the fourth MP joint and fourth finger proximal
phalangeal base, a “partial tear” of the right fourth finger extensor tendon and sagittal band at the
level of the fourth MP joint, and enhancing edema. Within this edema were several punctuate low
signal structures, which correlated with a faintly radiopaque foreign body seen in the soft tissues
dorsal to the right fourth MP joint on the lateral radiograph from 10/4/2017. This density was
partially obscured by superimposition on the proximal phalangeal bases. Additional smaller
foreign bodies seen dorsal to the fourth finger proximal phalangeal shaft on the radiographs were
less well seen on this study. (Exhibit H, Dr. Sayeed’s records, p. 6-7).
23. On October 19, 2017, Mr. Bonavita presented to occupational therapy and was continuing
to show good improvement in his range of motion and joint mobility of digits including the index
and ring fingers with decreased pain intensity. (Exhibit L, Roselli’s records, p.40).
24. Mr. Bonavita returned to see Dr. Greenberg on October 23, 2017, to discuss the possibility
of further hand surgery. Upon examination, the patient was noted to have hypersensitivity to light
palpation over the right ring finger joint with edema and an inability to extend the right finger on
extensor tendon testing. Dr. Greenberg noted that Mr. Bonavita understood and accepted that
foreign bodies may not be found or removable, and that he understood that prolonged hand
recovery required a splint and post operative rehabilitation. Dr. Greenberg further noted that the
patient understood the possibility that it may not be possible for his hand to return to 100%
functionality. (Exhibit J, Dr. Greenberg’s records, p. 17).
25. On October 31, 2017, Dr. Greenberg performed a third surgical procedure on Mr.
Bonavita at Glen Cove Hospital searching for foreign bodies (glass particles). He performed
debridement of scar tissue, and allegedly right ring finger (RRF) extensor tendon repair, allegedly
right ring finger sagittal band repair, allegedly right ring finger extensor tendon tenolysis, allegedly
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right ring finger metacarpophalangeal capsulorrphaphy, and allegedly repair of right ring finger
radial sagittal band at level of MP joint. Glass appearing foreign bodies were noted at the dorsal
aspect of the RRF. A preoperatively made hand extension splint fashioned and fitted by the hand
occupational therapist was placed on the hand. He was discharged the same day at 1:30 pm.
(Exhibit J, Dr. Greenberg’s records, p. 21-23 and Exhibit K, Glen Cove Hospital records, p.29-
31).
26. Glen Cove Hospital’s pathology report’s diagnosis was right fourth finger scar tissue
resection, and microscopic refractile material consistent with glass fragments. No distinct glass or
other foreign body was identified in the pathology specimen. (Exhibit J, Dr. Greenberg’s records,
p. 24-25).
27. The patient returned for follow up visits with Dr. Greenberg on November 2, 2017,
November 9, 2017, and November 16, 2017. He was noted to be healing well and was referred
back to Nick Roselli for occupational therapy, which was resumed on November 20, 2017.
(Exhibit J, Dr. Greenberg’s records, p. 27, and Exhibit L, Nick Roselli’s records, p. 46).
28. Mr. Bonavita continued with occupational therapy, seeing Nick Roselli from November
20, 2017, through June 28, 2017. On November 28, 2017, he was fitted for another orthosis.
(Exhibit L, Nick Roselli’s records, p. 58).
29. On April 12, 2018, Mr. Bonavita had not presented for occupational therapy since March
27, 2018, due to conflicts with his work schedule. He had complained of severe pain on March 27,
2018, at which time itwas recommended that he continue OT to improve his range of motion.
(Exhibit L, Nick Roselli’s records, p. 14, 18).
30. On June 12, 2018, Mr. Bonavita was noted to be discharged from occupational therapy
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with continuing complaints of immobility and pain, as he had returned to work and was unable to
attend therapy consistently. (Exhibit L, Nick Roselli’s records, p. 3).
Dated: Rye, New York
August 29, 2022
Linda M. Lin
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CERTIFICATION
In accordance with the Uniform Rules for the Trial Courts 22 NYCRR §202.8-b, the
undersigned certifies that the word count in this Statement of Facts (excluding the caption, table
of contents, table of authorities, signature block and this certification), as established using the
word processing system used to prepare it, is 2145 words.
Dated: Rye, New York
August 29, 2022
___________________________
Linda M. Lin
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FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 08/29/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------------------------------------X DINO BONAVITA, Plaintiff, STATEMENT OF FACTS Index No.: 611506/2018 -against- SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, Defendants. ------------------------------------------------------------------------X Linda M. Lin, Esq., an attorney admitted to practice before the Courts of the State of New York, submits the following pursuant to the Uniform Rules for the Trial Courts 22 NYCRR 202.8- g(a), contending that to the best of our knowledge there is no genuine issue to be tried with respect to the following facts: STATEMENT OF MATERIAL FACTS 1. On July 21, 2017, at approximately 7:25 p.m., Mr. Bonavita, then 48 years old, injured his right hand at his home when his hand went through a single glass pane of a French door. His wife and two young children were present in the house. (Exhibit D, Bonavita testimony pp.42-43, 51). 2. Immediately after the impact, his ring finger and pinky finger from the knuckles down were hanging at a 90 degree angle, he was unable to extend them, and his right hand was bleeding from the wounds on his ring and pink fingers and the knuckles. Mr. Bonavita’s wife called 911. The Nassau County Police arrived approximately 10 minutes later and shortly thereafter the Roslyn Rescue Hook & Ladder EMS ambulance arrived, and subsequently transported Mr. Bonavita to the Emergency Department at North Shore University Hospital in Manhasset (hereinafter NSUH ED). Mr. Bonavita’s wife remained home with their children. The EMS records reflect that Mr. {DN/00250376;1 } 1 1 of 9 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 08/29/2022 Bonavita shattered a glass picture frame with his hand as he was getting out of the shower. (Exhibit D, Bonavita testimony, pp. 53-54, 56, 58 and Exhibit M, Roslyn Rescue Hook & Ladder, p. 2). 3. At the NSUH ED, Mr. Bonavita stated that he was swinging his arms and hit a picture frame on a wall half an hour prior to arriving at the emergency department and sustained lacerations to the dorsum of the right hand, extensor tendon laceration of the right fourth finger, and lacerations to the fifth finger of his right hand. (Exhibit I, NSUH records, p. 54). 4. At the NSUH ED, Mr. Bonavita was examined by a nonparty emergency department physician who upon examination noted multiple lacerations of the right hand, including the second, third, and fourth phalanx, PIP dorsum, fourth phalanx Metacarpophalangeal (MCP) medial aspect 2.5 cm laceration with extensor tendon laceration, diminished extension, fifth phalanx MCP, medial aspect 2 cm laceration with full range of motion and no current bleeding. He was noted to have extensor lag of the fourth finger and was unable to actively extend that finger. Mr. Bonavita was diagnosed with laceration of the tendon and laceration of right hand with complication. (Exhibit I, NSUH records, p. 59, 62). 5. The emergency department attending referred the patient to Dr. Syed Sayeed, a plastic surgeon and hand surgeon who was serving as a consultant to the emergency room. Dr. Sayeed examined the patient and noted multiple lacerations over the small finger at the level of the MCP joint, over the Proximal Interphalangeal (PIP) joint of the ring finger as well as the base of the ring finger on the radial side extending onto the dorsum of the hand. There was a wound over the PIP joint of the middle finger and a wound over the PIP joint of the index finger, and Mr. Bonavita was unable to extend his right finger either at the MCP joint or the PIP joint. At 8:30 p.m., x-rays taken of the right hand obtained in part to identify the presence of retained glass fragments, showed {DN/00250376;1 } 2 2 of 9 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 08/29/2022 no radiopaque foreign bodies, no acute fractures or dislocation of the right hand and mild first Carpometacarpal (CMC) joint arthrosis. (Exhibit I, NSUH records, pp. 37-39, 47). 6. Mr. Bonavita was advised by Dr. Sayeed that he had sustained an extensor tendon injury. Mr. Bonavita told Dr. Sayeed he was previously acquainted with a hand surgeon and plastic surgeon Dr. Burt Greenberg. Dr. Greenberg was contacted on his cell phone and he told Mr. Bonavita it would be acceptable to have Dr. Sayeed effect the surgical repairs. Dr. Sayeed proceeded to evaluate the wounds to determine whether it was safe to repair the damage in the emergency room. (Exhibit H, Sayeed testimony, pp. 11-14). 7. Dr. Sayeed explained to Mr. Bonavita there is always a possibility there may be foreign bodies not immediately visualized within the wound. (Exhibit H, Sayeed testimony, p.26, ll.11- 19). 8. Dr. Sayeed performed an exploration of the wounds of Mr. Bonavita’s right hand, irrigated the wounds, and surgically repaired the extensor tendon and lateral bands of the right ring finger carpometacarpal joint. He repaired the metacarpophalangeal joint capsule of the right finger, repaired the extensor tendon at the proximal interphalangeal joint right index finger, performed debridement of the skin and subcutaneous tissue of the right hand, and applied a surgical dressing as well as a short arm splint. Dr. Sayeed utilized 4-0 PDS sutures and 409 Vicryl sutures. The patient tolerated the procedure without any intraoperative complications. (Exhibit I, NSUH records, p. 41-42). 9. Mr. Bonavita was discharged from the Hospital the same day with a diagnosis of traumatic injury to the dorsum of the right hand with laceration of tendon. (Exhibit I, NSUH records, p. 59). 10. On July 25, 2017, Mr. Bonavita presented at Dr. Sayeed’s office for a post extensor tendon {DN/00250376;1 } 3 3 of 9 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 08/29/2022 repair follow up visit and was noted by the doctor as doing well. He was fitted for a custom fabricated orthosis to immobilize the forearm, wrist, hand, and digits during the initial healing process. (Exhibit H, Dr. Sayeed’s records, p.35-36). 11. Dr. Sayeed referred Mr. Bonavita to Nick Roselli, OT, for occupational therapy which he attended from August 24, 2017, through October 24, 2017, and again from November 20, 2017, through May 17, 2018. (Exhibit L, Roselli records and Exhibit H, Dr. Sayeed’s records, p.35- 36). 12. On August 7, 2017, Mr. Bonavita presented to Dr. Sayeed for a follow up office visit and was again noted to be doing well. He complained of numbness on the volar aspect of the ring finger ulnar side, and the radial side of the middle finger. Dr. Sayeed advised him to elevate his hand and to continue using the splint. (Exhibit H, Dr. Sayeed’s records, p. 33). 13. On August 17, 2017, Mr. Bonavita presented to Dr. Sayeed for another routine follow up office visit, sutures were removed and he was noted to be doing well. (Exhibit H, Dr. Sayeed’s records, p. 30). 14. On August 24, 2017, Mr. Bonavita presented to Mr. Nick Roselli for occupational therapy, on referral by Dr. Sayeed, and he remained in therapy through October 24, 2017. (Exhibit L, Roselli records, p. 141, 175). 15. On August 31, 2017, Dr. Bonavita again presented to Dr. Sayeed for a follow up office visit and was noted to be doing well post extensor tendon repair. He was prescribed a DC splint to start with and a dynamic flexion splint if needed, to start passive and active range of motion exercises, and was advised to elevate his hand. (Exhibit H, Dr, Sayeed’s records, p. 28-30). 16. On September 5, 2017, Mr. Bonavita was showing gradual improvement in the IP {DN/00250376;1 } 4 4 of 9 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 08/29/2022 (interphalangeal) flexion of digits and good improvement in the MP (metacarpophalangeal) motion of digits. (Exhibit L, Roselli records, p. 172). 17. On September 21, 2017, Mr. Bonavita presented to Dr. Sayeed for a follow up appointment and complained of pain on the palmar surface of his hand with intermittent numbness in his thumb. A physical examination revealed continued stiffness at his interphalangeal and metacarpophalangeal joints, increased range of motion, tenderness and tendinitis. He was prescribed steroids. Mr. Bonavita refused an injection at that visit. (Exhibit H, Dr. Sayeed’s records, p. 27 and Exhibit L, Roselli’s records, p. 20). 18. On October 3, 2017, Dr. Sayeed prescribed a knuckle bender splint for the right ring finger and referred the patient for x-rays of the right ring finger. (Exhibit H, Dr. Sayeed’s records, p. 24). 19. On October 4, 2017, an x-ray of Mr. Bonavita’s fourth finger showed faint, small, linear densities within the dorsal soft tissues adjacent to the distal right fourth proximal phalanx on lateral view, compatible with foreign bodies. (Exhibit H, Dr. Sayeed’s records, p. 21, 37). 20. On October 12, 2017, Mr. Bonavita presented to Dr. Sayeed for a follow up appointment for an exploratory search under local anesthesia for foreign bodies just distal to the MCP joint after x-rays showed possible small fragments at the distal aspect of the proximal phalanx. No foreign bodies were found. Dr. Sayeed advised the patient this did not ensure that there was no glass there, and if he continued to have pain and symptoms, further exploration may need to be conducted under fluoroscopy. (Exhibit H, Dr. Sayeed’s records, p. 16). 21. On October 16, 2017, Mr. Bonavita presented to Dr. Burt Greenberg and complained of continued pain in his right hand and decreased range of motion. He was referred for x-rays and an MRI. (Exhibit J, Dr. Greenberg’s records, p. 12). 22. On October 18, 2017, an MRI of the right hand taken pre and post IV contrast revealed {DN/00250376;1 } 5 5 of 9 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 08/29/2022 subcutaneous edema at the dorsal aspect of the fourth MP joint and fourth finger proximal phalangeal base, a “partial tear” of the right fourth finger extensor tendon and sagittal band at the level of the fourth MP joint, and enhancing edema. Within this edema were several punctuate low signal structures, which correlated with a faintly radiopaque foreign body seen in the soft tissues dorsal to the right fourth MP joint on the lateral radiograph from 10/4/2017. This density was partially obscured by superimposition on the proximal phalangeal bases. Additional smaller foreign bodies seen dorsal to the fourth finger proximal phalangeal shaft on the radiographs were less well seen on this study. (Exhibit H, Dr. Sayeed’s records, p. 6-7). 23. On October 19, 2017, Mr. Bonavita presented to occupational therapy and was continuing to show good improvement in his range of motion and joint mobility of digits including the index and ring fingers with decreased pain intensity. (Exhibit L, Roselli’s records, p.40). 24. Mr. Bonavita returned to see Dr. Greenberg on October 23, 2017, to discuss the possibility of further hand surgery. Upon examination, the patient was noted to have hypersensitivity to light palpation over the right ring finger joint with edema and an inability to extend the right finger on extensor tendon testing. Dr. Greenberg noted that Mr. Bonavita understood and accepted that foreign bodies may not be found or removable, and that he understood that prolonged hand recovery required a splint and post operative rehabilitation. Dr. Greenberg further noted that the patient understood the possibility that it may not be possible for his hand to return to 100% functionality. (Exhibit J, Dr. Greenberg’s records, p. 17). 25. On October 31, 2017, Dr. Greenberg performed a third surgical procedure on Mr. Bonavita at Glen Cove Hospital searching for foreign bodies (glass particles). He performed debridement of scar tissue, and allegedly right ring finger (RRF) extensor tendon repair, allegedly right ring finger sagittal band repair, allegedly right ring finger extensor tendon tenolysis, allegedly {DN/00250376;1 } 6 6 of 9 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 08/29/2022 right ring finger metacarpophalangeal capsulorrphaphy, and allegedly repair of right ring finger radial sagittal band at level of MP joint. Glass appearing foreign bodies were noted at the dorsal aspect of the RRF. A preoperatively made hand extension splint fashioned and fitted by the hand occupational therapist was placed on the hand. He was discharged the same day at 1:30 pm. (Exhibit J, Dr. Greenberg’s records, p. 21-23 and Exhibit K, Glen Cove Hospital records, p.29- 31). 26. Glen Cove Hospital’s pathology report’s diagnosis was right fourth finger scar tissue resection, and microscopic refractile material consistent with glass fragments. No distinct glass or other foreign body was identified in the pathology specimen. (Exhibit J, Dr. Greenberg’s records, p. 24-25). 27. The patient returned for follow up visits with Dr. Greenberg on November 2, 2017, November 9, 2017, and November 16, 2017. He was noted to be healing well and was referred back to Nick Roselli for occupational therapy, which was resumed on November 20, 2017. (Exhibit J, Dr. Greenberg’s records, p. 27, and Exhibit L, Nick Roselli’s records, p. 46). 28. Mr. Bonavita continued with occupational therapy, seeing Nick Roselli from November 20, 2017, through June 28, 2017. On November 28, 2017, he was fitted for another orthosis. (Exhibit L, Nick Roselli’s records, p. 58). 29. On April 12, 2018, Mr. Bonavita had not presented for occupational therapy since March 27, 2018, due to conflicts with his work schedule. He had complained of severe pain on March 27, 2018, at which time itwas recommended that he continue OT to improve his range of motion. (Exhibit L, Nick Roselli’s records, p. 14, 18). 30. On June 12, 2018, Mr. Bonavita was noted to be discharged from occupational therapy {DN/00250376;1 } 7 7 of 9 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 08/29/2022 with continuing complaints of immobility and pain, as he had returned to work and was unable to attend therapy consistently. (Exhibit L, Nick Roselli’s records, p. 3). Dated: Rye, New York August 29, 2022 Linda M. Lin {DN/00250376;1 } 8 8 of 9 FILED: NASSAU COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 08/29/2022 CERTIFICATION In accordance with the Uniform Rules for the Trial Courts 22 NYCRR §202.8-b, the undersigned certifies that the word count in this Statement of Facts (excluding the caption, table of contents, table of authorities, signature block and this certification), as established using the word processing system used to prepare it, is 2145 words. Dated: Rye, New York August 29, 2022 ___________________________ Linda M. Lin {DN/00250376;1 } 9 9 of 9