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FILED: NASSAU COUNTY CLERK 10/06/2022 05:43 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 10/06/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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DINO BONAVITA
COUNTERSTATEMENT
Plaintiff,
OF MATERIAL FACTS
-against-
Index No.: 611506/2018
SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF
NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL,
and NORTHWELL HEALTH,
Defendants.
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Mark Laughlin, Esq., an attorney duly admitted to practice law before the Courts of the State
of New York, submits this Counterstatement of Material facts in response to the Defendants’
Statement of Facts:
1. Admit that this statement accurately reflects the Plaintiff’s testimony regarding the details
of his accident.
2. Admit that this statement accurately reflects the referenced Plaintiff testimony and records
from Roslyn Rescue Hook and Ladder.
3. Admit to the extent that Plaintiff stated to hospital staff that he was swinging his arms and
hit a picture frame on the wall approximately a half hour prior to being admitted to North Shore
University Hospital (“NSUH”). However, the referenced portion of the records erroneously states
that Mr. Bonavita sustained lacerations to the fourth and fifth finger of his left hand and makes no
mention of the dorsum or extensor tendon (DEF EX I, pg. 54).
4. Admit to the extent that the synopsis of the physical exam is accurately reflected in this
statement, although it is unclear whether the notes were entered by Defendant, Dr. Syed Mujahid
Sayeed (hereinafter “Dr. Sayeed” or “Defendant”), or non-party Attending Physician, Phillip
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Underwood. This record also indicates that these intake notes were updated on July 21, 2017, the
date that Dr. Sayeed performed the first surgical procedure on the Plaintiff’s right hand. These
notes further state that no foreign bodies were visualized in Mr. Bonavita’s wound (DEF EX I,
pgs. 58, 59, 62).
5. Admit that this statement is an accurate representation of the notes pertaining to Dr.
Sayeed’s initial physical examination of the Plaintiff. Admit that this is an accurate representation
of the recorded observations of the x-ray taken of the Plaintiff’s right hand on July 21, 2017.
6. Admit that this statement accurately reflects the referenced portion of the Defendant’s
deposition testimony.
7. Admit that this statement accurately reflects the referenced portion of the Defendant’s
deposition testimony.
8. Admit to the extent that this statement reflects Dr. Sayeed’s account of the surgical
procedure performed on July 21, 2017. However, Plaintiff disputes that the Defendant performed
the surgical repairs as detailed his Operative Report. an MRI of Mr. Bonavita’s right hand taken
on October 18, 2017 indicated a “partial tear of the fourth finger extensor tendon at the level of
the fourth MP joint, with associated sagittal band injury.” (DEF EX H, pgs. 13-14). Additionally,
in his Operative Report from Mr. Bonavita’s third procedure on October 31, 2017, surgeon Dr.
Burt Greenberg observed “[r]ight ring finger foreign body;” “[r]ight ring finger extensor tendon
lacerations and tethering;” and “[l]aceration to the right ring finger metacarpophalangeal joint”
(DEF EX J, pgs. 1-3). As such, Plaintiff disputes the statement that Dr. Sayeed successfully
repaired the extensor tendon and metacarpophalangeal joint capsule in the July 21, 2017 procedure.
9. Admit that this statement accurately reflects the referenced portion of the medical records.
10. Admit that this statement accurately reflects the referenced portion of the medical records.
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11. Admit that this statement accurately reflects the referenced portions of the cited records.
12. Admit that this statement accurately reflects Dr. Sayeed’s notes in the referenced portion
of his records.
13. Admit that this statement accurately reflects Dr. Sayeed’s notes in the referenced portion
of his records.
14. Admit to the extent that Mr. Bonavita was first evaluated by Nick Roselli for occupational
therapy on August 24, 2017, however, this portion of the records does not indicate how long the
Plaintiff was treated by Mr. Roselli.
15. Admit that this statement accurately reflects Dr. Sayeed’s notes in the referenced portion
of his records.
16. Plaintiff disputes this statement. Page 172 of Mr. Roselli’s occupational therapy records
does not state that Mr. Bonavita was showing “gradual improvement” in IP flexion of digits and
“good improvement” in the MP motion of digits (DEF EX L, pg. 172).
17. Admit, however, it should be clarified that Dr. Sayeed’s records state that he prescribed
“systemic steroids form of a Medrol dose pack” (DEF EX H, pg. 27). It should also be noted that
Mr. Roselli’s notes indicate that Mr. Bonavita refused an anti-inflammatory injection on
September 21, 2017 (DEF EX L, pg. 158).
18. Admit that this statement accurately reflects the referenced portion of Dr. Sayeed’s records.
19. Admit that this statement accurately reflects the referenced portions of Dr. Sayeed’s
records.
20. Admit that this accurately reflects the statements recorded in Dr. Sayeed’s notes.
21. Admit that this statement accurately reflects the referenced portion of Dr. Greenberg’s
records.
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22. Admit, with the clarification that the referenced imaging report states that there was found
a “partial tear of the fourth finger extensor tendon at the level of the fourth MP joint with associated
sagittal band injury” (DEF EX H, pgs. 6-7).
23. Plaintiff disputes this statement. The referenced note appears to have been entered on
February 20, 2018. Additionally, this portion of the record does not state that Mr. Bonavita showed
“good improvement in his range of motion and joint mobility of digits including the index and ring
fingers with decreased pain intensity.” Rather, the record states under Assessment/Diagnosis:
“[P]ersistent stiffness of ring finger. Pt shows decreased pain intensity during AA/PROM.
Continues to show steady increase in GS of hand.” Under Patient Problems it is documented that
Mr. Bonavita experienced a “Decreased ROM, decreased grip strength, decreased MS or R.
hand/digits. Experiences extreme pain [and significant stiffness] in R. hand/digits which interferes
with holding utensils, toothbrush and manipulating fasteners” (DEF EX L, pgs 41-42).
24. Admit that this statement is an accurate representation of the referenced portion of Dr.
Greenberg’s records (DEF EX J, pgs. 12, 17).
25. Plaintiff disputes the characterization that Dr. Greenberg “allegedly” performed right ring
finger (“RRF”) extensor tendon repair, RRF sagittal band repair, RRF extensor tendon tenolysis,
RRF metacarpophalangeal capsulorrhaphy, and repair of RRF sagittal band at level of MP joint.
Defendant has presented no basis to indicate that this procedure was not performed in the manner
described by Dr. Greenberg.
26. Plaintiff disputes this statement as it is a mischaracterization of the pathology report. Under
Final Diagnosis it is documented that a foreign body was present in the right fourth finger and
there was a removal of scare tissue with focal foreign body-type cell reaction and microscopic
refractile material consistent with glass fragments. The report further states that no distinct glass
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or other foreign bodies were identified in the “container” (DEF EX J, pg. 24, 25).
27. Admit that this statement accurately reflects the referenced portions of the records.
28. Plaintiff disputes this statement because in the portion of Dr. Greenberg’s record referenced
by Defendant, the dates of Mr. Bonavita’s treatment with Mr. Roselli are not specified.
29. Plaintiff disputes this statement. These pages of Mr. Roselli’s records do not indicate the
consistency of the Plaintiff’s course of occupational therapy.
30. Admit to the extent that the records indicate that Mr. Bonavita was discharged from
occupational therapy on June 12, 2018, however this portion of the documents does not indicate
what post-operative symptoms Mr. Bonavita may have been experiencing at this time, and the only
mention of pain and immobility is contained in the initial “Treatment Diagnosis” (DEF EX L, pg.
3).
Dated: October 6, 2022
New York, New York
_________________________
Mark Laughlin, Esq.
CAITLIN ROBIN & ASSOCIATES, PLLC
Attorneys for Plaintiff Dino Bonavita
30 Broad Street, Suite 702
New York, New York 10004
(646) 524-6026
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Preview
FILED: NASSAU COUNTY CLERK 10/06/2022 05:43 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 10/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------------------------------------------------------------X DINO BONAVITA COUNTERSTATEMENT Plaintiff, OF MATERIAL FACTS -against- Index No.: 611506/2018 SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, Defendants. ------------------------------------------------------------------------------X Mark Laughlin, Esq., an attorney duly admitted to practice law before the Courts of the State of New York, submits this Counterstatement of Material facts in response to the Defendants’ Statement of Facts: 1. Admit that this statement accurately reflects the Plaintiff’s testimony regarding the details of his accident. 2. Admit that this statement accurately reflects the referenced Plaintiff testimony and records from Roslyn Rescue Hook and Ladder. 3. Admit to the extent that Plaintiff stated to hospital staff that he was swinging his arms and hit a picture frame on the wall approximately a half hour prior to being admitted to North Shore University Hospital (“NSUH”). However, the referenced portion of the records erroneously states that Mr. Bonavita sustained lacerations to the fourth and fifth finger of his left hand and makes no mention of the dorsum or extensor tendon (DEF EX I, pg. 54). 4. Admit to the extent that the synopsis of the physical exam is accurately reflected in this statement, although it is unclear whether the notes were entered by Defendant, Dr. Syed Mujahid Sayeed (hereinafter “Dr. Sayeed” or “Defendant”), or non-party Attending Physician, Phillip 1 of 5 FILED: NASSAU COUNTY CLERK 10/06/2022 05:43 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 10/06/2022 Underwood. This record also indicates that these intake notes were updated on July 21, 2017, the date that Dr. Sayeed performed the first surgical procedure on the Plaintiff’s right hand. These notes further state that no foreign bodies were visualized in Mr. Bonavita’s wound (DEF EX I, pgs. 58, 59, 62). 5. Admit that this statement is an accurate representation of the notes pertaining to Dr. Sayeed’s initial physical examination of the Plaintiff. Admit that this is an accurate representation of the recorded observations of the x-ray taken of the Plaintiff’s right hand on July 21, 2017. 6. Admit that this statement accurately reflects the referenced portion of the Defendant’s deposition testimony. 7. Admit that this statement accurately reflects the referenced portion of the Defendant’s deposition testimony. 8. Admit to the extent that this statement reflects Dr. Sayeed’s account of the surgical procedure performed on July 21, 2017. However, Plaintiff disputes that the Defendant performed the surgical repairs as detailed his Operative Report. an MRI of Mr. Bonavita’s right hand taken on October 18, 2017 indicated a “partial tear of the fourth finger extensor tendon at the level of the fourth MP joint, with associated sagittal band injury.” (DEF EX H, pgs. 13-14). Additionally, in his Operative Report from Mr. Bonavita’s third procedure on October 31, 2017, surgeon Dr. Burt Greenberg observed “[r]ight ring finger foreign body;” “[r]ight ring finger extensor tendon lacerations and tethering;” and “[l]aceration to the right ring finger metacarpophalangeal joint” (DEF EX J, pgs. 1-3). As such, Plaintiff disputes the statement that Dr. Sayeed successfully repaired the extensor tendon and metacarpophalangeal joint capsule in the July 21, 2017 procedure. 9. Admit that this statement accurately reflects the referenced portion of the medical records. 10. Admit that this statement accurately reflects the referenced portion of the medical records. 2 2 of 5 FILED: NASSAU COUNTY CLERK 10/06/2022 05:43 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 10/06/2022 11. Admit that this statement accurately reflects the referenced portions of the cited records. 12. Admit that this statement accurately reflects Dr. Sayeed’s notes in the referenced portion of his records. 13. Admit that this statement accurately reflects Dr. Sayeed’s notes in the referenced portion of his records. 14. Admit to the extent that Mr. Bonavita was first evaluated by Nick Roselli for occupational therapy on August 24, 2017, however, this portion of the records does not indicate how long the Plaintiff was treated by Mr. Roselli. 15. Admit that this statement accurately reflects Dr. Sayeed’s notes in the referenced portion of his records. 16. Plaintiff disputes this statement. Page 172 of Mr. Roselli’s occupational therapy records does not state that Mr. Bonavita was showing “gradual improvement” in IP flexion of digits and “good improvement” in the MP motion of digits (DEF EX L, pg. 172). 17. Admit, however, it should be clarified that Dr. Sayeed’s records state that he prescribed “systemic steroids form of a Medrol dose pack” (DEF EX H, pg. 27). It should also be noted that Mr. Roselli’s notes indicate that Mr. Bonavita refused an anti-inflammatory injection on September 21, 2017 (DEF EX L, pg. 158). 18. Admit that this statement accurately reflects the referenced portion of Dr. Sayeed’s records. 19. Admit that this statement accurately reflects the referenced portions of Dr. Sayeed’s records. 20. Admit that this accurately reflects the statements recorded in Dr. Sayeed’s notes. 21. Admit that this statement accurately reflects the referenced portion of Dr. Greenberg’s records. 3 3 of 5 FILED: NASSAU COUNTY CLERK 10/06/2022 05:43 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 10/06/2022 22. Admit, with the clarification that the referenced imaging report states that there was found a “partial tear of the fourth finger extensor tendon at the level of the fourth MP joint with associated sagittal band injury” (DEF EX H, pgs. 6-7). 23. Plaintiff disputes this statement. The referenced note appears to have been entered on February 20, 2018. Additionally, this portion of the record does not state that Mr. Bonavita showed “good improvement in his range of motion and joint mobility of digits including the index and ring fingers with decreased pain intensity.” Rather, the record states under Assessment/Diagnosis: “[P]ersistent stiffness of ring finger. Pt shows decreased pain intensity during AA/PROM. Continues to show steady increase in GS of hand.” Under Patient Problems it is documented that Mr. Bonavita experienced a “Decreased ROM, decreased grip strength, decreased MS or R. hand/digits. Experiences extreme pain [and significant stiffness] in R. hand/digits which interferes with holding utensils, toothbrush and manipulating fasteners” (DEF EX L, pgs 41-42). 24. Admit that this statement is an accurate representation of the referenced portion of Dr. Greenberg’s records (DEF EX J, pgs. 12, 17). 25. Plaintiff disputes the characterization that Dr. Greenberg “allegedly” performed right ring finger (“RRF”) extensor tendon repair, RRF sagittal band repair, RRF extensor tendon tenolysis, RRF metacarpophalangeal capsulorrhaphy, and repair of RRF sagittal band at level of MP joint. Defendant has presented no basis to indicate that this procedure was not performed in the manner described by Dr. Greenberg. 26. Plaintiff disputes this statement as it is a mischaracterization of the pathology report. Under Final Diagnosis it is documented that a foreign body was present in the right fourth finger and there was a removal of scare tissue with focal foreign body-type cell reaction and microscopic refractile material consistent with glass fragments. The report further states that no distinct glass 4 4 of 5 FILED: NASSAU COUNTY CLERK 10/06/2022 05:43 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 10/06/2022 or other foreign bodies were identified in the “container” (DEF EX J, pg. 24, 25). 27. Admit that this statement accurately reflects the referenced portions of the records. 28. Plaintiff disputes this statement because in the portion of Dr. Greenberg’s record referenced by Defendant, the dates of Mr. Bonavita’s treatment with Mr. Roselli are not specified. 29. Plaintiff disputes this statement. These pages of Mr. Roselli’s records do not indicate the consistency of the Plaintiff’s course of occupational therapy. 30. Admit to the extent that the records indicate that Mr. Bonavita was discharged from occupational therapy on June 12, 2018, however this portion of the documents does not indicate what post-operative symptoms Mr. Bonavita may have been experiencing at this time, and the only mention of pain and immobility is contained in the initial “Treatment Diagnosis” (DEF EX L, pg. 3). Dated: October 6, 2022 New York, New York _________________________ Mark Laughlin, Esq. CAITLIN ROBIN & ASSOCIATES, PLLC Attorneys for Plaintiff Dino Bonavita 30 Broad Street, Suite 702 New York, New York 10004 (646) 524-6026 5 5 of 5