Preview
FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 10/12/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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DINO BONAVITA, Index No.: 611506/2018
Plaintiff,
-against- STATEMENT OF
UNDISPUTED MATERIAL
SYED MUJAHID SAYEED, M.D., PRECISION FACTS PURSUANT TO 22
SURGERY OF NEW YORK, P.C., NORTH SHORE NYCRR 202.8-G
UNIVERSITY HOSPITAL, and NORTHWELL
HEALTH,
Defendants.
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Defendant, NORTH SHORE UNIVERSITY HOSPITAL (“defendant”), by their attorneys,
RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN, LLP, submits this Statement of
Undisputed Material Facts, pursuant to 22 NYCRR 202.8-G, in support of the instant Motion for
Summary Judgment.
UNDISPUTED MATERIAL FACTS
1. Plaintiff Dino Bonavita, then 48-years-old, arrived at the Emergency Department
of North Shore University Hospital via ambulance on July 21, 2017, with a chief complaint of a
right-hand laceration. See Exhibit K, Certified Copy of North Shore University Hospital
Medical Record, Page 19.
2. Upon arrival, plaintiff was triaged by nursing. Chief complaint was a laceration to
the right hand by glass. Treatment prior to arrival consisted of bleeding control. Vitals were as
follows: BP 164/84, heart rate 95, respiration rate 13, and O2sat 99% on room air. Id.
3. The ED RN then evaluated. As per the record, plaintiff reported that about half an
hour prior, he was swinging his arms in his home and hit a picture frame on the wall. EMS arrived
at plaintiff’s home and brought plaintiff into the ED. Plaintiff reported positive sensation to all
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fingers and further reported pain on movement to the left fourth and fifth fingers. Plaintiff was
alert and oriented x4. ED providers were notified. Id. page 23.
4. Eun Ryang Jang, NP noted plaintiff complained of right dominant hand lacerations
status post hitting a glass frame which then burst into many pieces. Plaintiff otherwise denied other
injuries or sensory changes to his fingers. On physical examination, NP Jang noted “multiple right
hand lacerations to the 2nd, 3rd and 4th phalanx, PIP dorsum superficial lacerations, + 4th phalanx,
MCP medial aspect 2.5 cm laceration with extensor tendon laceration, diminished extension, 5th
phalanx MCP, medial aspect 2cm laceration with full ROMs. No visualized FB [foreign bodies]”
Id. Page 27-28.
5. ED attending Phillip Underwood, MD noted plaintiff was complaining of pain over
the dorsum of the right hand but denied any numbness or paresthesia. The record reflects there
was extensor lag of the fourth finger and that plaintiff was unable to actively extend his finger.
There were no obvious foreign bodies, and the tendon was not exposed. Id. Page 28.
6. NP Jang ordered administration of tetanus shot, IV Ancef and x-ray of the right
hand to rule out foreign bodies. A plastic surgery consult was also called. Id.
7. Urgent imaging of the right hand was performed and interpreted by the radiologist
as follows: “No radiopaque foreign body is visualized. There is no acute fracture or dislocation of
the right hand. Mild first CMC joint arthrosis is noted.” Id. page 6.
8. Co-defendant plastic surgeon Syed Sayeed, MD consulted. Dr. Sayeed testified
that he is not employed by the Northwell Health System, and his practice, Precision Surgery of
New York, PC, is a private office. Exhibit G, Deposition Transcript of Syed Sayeed, M.D., page
20, line 8-16. Rather, Dr. Sayeed is a private practitioner and all out-patient follow up care is billed
to Precision Surgery of New York, P.C. Id. Page 20 line 2-7.
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9. Dr. Sayeed obtained a history regarding the mechanism of injury and performed an
examination. The record reflects that Dr. Sayeed assessed multiple lacerations to the right hand
over the small finger at the level of the MCP joint, over the 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. A wound was
also present over the PIP joint of the middle finger and there was a wound over the PIP joint to the
index finger. Plaintiff was unable to extend at the MCP joint on the right ring finger as well as was
unable to extend at the PIP joint. Exhibit K, page 8-9.
10. During the consultation, Plaintiff told Dr. Sayeed that he personally knew hand and
plastic surgeon, Burt Greenberg, M.D. Exhibit G, page11. Dr. Sayeed testified that he informed
plaintiff that the skin could be closed, and plaintiff could be managed as an outpatient by Dr.
Greenberg, or Dr. Sayeed could perform the procedure in the Emergency Room. Id. Together,
Plaintiff and Dr. Sayeed called Dr. Greenberg who advised that Dr. Sayeed could perform the
repair surgery in the Emergency Room. Dr. Sayeed explained to plaintiff that the injuries could be
safely repaired in the ED, rather than going to the operating room, to which plaintiff agreed to
undergo the procedure. Id at page 10-11. Discussions were had with plaintiff concerning the nature
of his injury, the need for exploration of his wounds and repair if able in the emergency room.
Plaintiff agreed to the procedure after risk, benefits and alternatives were explained. Exhibit K,
page 9.
11. Dr. Sayeed testified that in his practice, foreign bodies are identified by palpation,
visualization and through the use of x-rays. Exhibit G., page 15, line 6-12. Dr. Sayeed reviewed
x-ray imaging while plaintiff was in the ED, which revealed no foreign bodies. Further, Dr. Sayeed
observed and palpated the wound himself to which he did not visualize foreign bodies. Id at 21.
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12. Accordingly, under the care of Dr. Sayeed, plaintiff underwent exploration of the
penetrating wounds, repair of extensor tendon and lateral bands of the right ring finger metacarpal
joint, repair of metacarpophalangeal joint capsule of the right ring finger, repair of extensor tendon
at proximal interphalangeal joint right index finger, debridement of skin and subcutaneous tissue
of the right hand, simple repairs measuring 7 cm on the right dorsal hand and application of a short
arm splint. Exhibit K, page 11-12.
13. Exploration findings included injury to the extensor tendon at the proximal
interphalangeal joint on the index finger as well as injuries to the extensor tendon and lateral band
mechanism on the base of the right ring finger overlying the metacarpal phalangeal joint and injury
to the joint capsule. Id. Page 11.
14. Plaintiff was then discharged home. Discharge instructions included elevation of
the affected hand, keep on splint, Motrin 600 mg every eight (8) hours for pain and Keflex 500 mg
every six (6) hours for seven (7) days. Plaintiff was to follow up with hand specialist, Dr. Sayeed
as scheduled and to call on Monday for an appointment. Plaintiff was further instructed to follow
up with his primary care provider 24-48 hours after discharge and to seek immediate medical care
for any new or worsening signs or symptoms Id. page 51-52.
15. Thereafter, plaintiff received care and treatment with Dr. Sayeed under his
exclusive direction in his private office on July 25, 2017, August 7, 2017, August 31, 2017,
September 21, 2017, and October 12, 2017. Exhibit L.
Dated: October 12, 2022
Garden City, New York
______________________________
Kerrianne Russo, Esq.
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CERTIFICATION
PURSUANT TO 22 NYCRR 202.8-B
I, Kerrianne Russo, Esq., an attorney duly admitted to practice law before the Courts of the
State of New York, hereby certifies that this Statement of Undisputed Material Facts complies
with the word count set forth pursuant to 22 NYCRR 202.8-b in that it contains 1,103 words,
exclusive of the caption, table of contents, table of authorities, and signature block, etc. In
preparing this certification, I have relied on the word-processing system used to prepare this
document.
Dated: October 12, 2022
Garden City, New York
____________________________
Kerrianne Russo
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Preview
FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 10/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------------------------------------------------X DINO BONAVITA, Index No.: 611506/2018 Plaintiff, -against- STATEMENT OF UNDISPUTED MATERIAL SYED MUJAHID SAYEED, M.D., PRECISION FACTS PURSUANT TO 22 SURGERY OF NEW YORK, P.C., NORTH SHORE NYCRR 202.8-G UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, Defendants. --------------------------------------------------------------------X Defendant, NORTH SHORE UNIVERSITY HOSPITAL (“defendant”), by their attorneys, RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN, LLP, submits this Statement of Undisputed Material Facts, pursuant to 22 NYCRR 202.8-G, in support of the instant Motion for Summary Judgment. UNDISPUTED MATERIAL FACTS 1. Plaintiff Dino Bonavita, then 48-years-old, arrived at the Emergency Department of North Shore University Hospital via ambulance on July 21, 2017, with a chief complaint of a right-hand laceration. See Exhibit K, Certified Copy of North Shore University Hospital Medical Record, Page 19. 2. Upon arrival, plaintiff was triaged by nursing. Chief complaint was a laceration to the right hand by glass. Treatment prior to arrival consisted of bleeding control. Vitals were as follows: BP 164/84, heart rate 95, respiration rate 13, and O2sat 99% on room air. Id. 3. The ED RN then evaluated. As per the record, plaintiff reported that about half an hour prior, he was swinging his arms in his home and hit a picture frame on the wall. EMS arrived at plaintiff’s home and brought plaintiff into the ED. Plaintiff reported positive sensation to all 1 of 5 FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 10/12/2022 fingers and further reported pain on movement to the left fourth and fifth fingers. Plaintiff was alert and oriented x4. ED providers were notified. Id. page 23. 4. Eun Ryang Jang, NP noted plaintiff complained of right dominant hand lacerations status post hitting a glass frame which then burst into many pieces. Plaintiff otherwise denied other injuries or sensory changes to his fingers. On physical examination, NP Jang noted “multiple right hand lacerations to the 2nd, 3rd and 4th phalanx, PIP dorsum superficial lacerations, + 4th phalanx, MCP medial aspect 2.5 cm laceration with extensor tendon laceration, diminished extension, 5th phalanx MCP, medial aspect 2cm laceration with full ROMs. No visualized FB [foreign bodies]” Id. Page 27-28. 5. ED attending Phillip Underwood, MD noted plaintiff was complaining of pain over the dorsum of the right hand but denied any numbness or paresthesia. The record reflects there was extensor lag of the fourth finger and that plaintiff was unable to actively extend his finger. There were no obvious foreign bodies, and the tendon was not exposed. Id. Page 28. 6. NP Jang ordered administration of tetanus shot, IV Ancef and x-ray of the right hand to rule out foreign bodies. A plastic surgery consult was also called. Id. 7. Urgent imaging of the right hand was performed and interpreted by the radiologist as follows: “No radiopaque foreign body is visualized. There is no acute fracture or dislocation of the right hand. Mild first CMC joint arthrosis is noted.” Id. page 6. 8. Co-defendant plastic surgeon Syed Sayeed, MD consulted. Dr. Sayeed testified that he is not employed by the Northwell Health System, and his practice, Precision Surgery of New York, PC, is a private office. Exhibit G, Deposition Transcript of Syed Sayeed, M.D., page 20, line 8-16. Rather, Dr. Sayeed is a private practitioner and all out-patient follow up care is billed to Precision Surgery of New York, P.C. Id. Page 20 line 2-7. 2 of 5 FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 10/12/2022 9. Dr. Sayeed obtained a history regarding the mechanism of injury and performed an examination. The record reflects that Dr. Sayeed assessed multiple lacerations to the right hand over the small finger at the level of the MCP joint, over the 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. A wound was also present over the PIP joint of the middle finger and there was a wound over the PIP joint to the index finger. Plaintiff was unable to extend at the MCP joint on the right ring finger as well as was unable to extend at the PIP joint. Exhibit K, page 8-9. 10. During the consultation, Plaintiff told Dr. Sayeed that he personally knew hand and plastic surgeon, Burt Greenberg, M.D. Exhibit G, page11. Dr. Sayeed testified that he informed plaintiff that the skin could be closed, and plaintiff could be managed as an outpatient by Dr. Greenberg, or Dr. Sayeed could perform the procedure in the Emergency Room. Id. Together, Plaintiff and Dr. Sayeed called Dr. Greenberg who advised that Dr. Sayeed could perform the repair surgery in the Emergency Room. Dr. Sayeed explained to plaintiff that the injuries could be safely repaired in the ED, rather than going to the operating room, to which plaintiff agreed to undergo the procedure. Id at page 10-11. Discussions were had with plaintiff concerning the nature of his injury, the need for exploration of his wounds and repair if able in the emergency room. Plaintiff agreed to the procedure after risk, benefits and alternatives were explained. Exhibit K, page 9. 11. Dr. Sayeed testified that in his practice, foreign bodies are identified by palpation, visualization and through the use of x-rays. Exhibit G., page 15, line 6-12. Dr. Sayeed reviewed x-ray imaging while plaintiff was in the ED, which revealed no foreign bodies. Further, Dr. Sayeed observed and palpated the wound himself to which he did not visualize foreign bodies. Id at 21. 3 of 5 FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 10/12/2022 12. Accordingly, under the care of Dr. Sayeed, plaintiff underwent exploration of the penetrating wounds, repair of extensor tendon and lateral bands of the right ring finger metacarpal joint, repair of metacarpophalangeal joint capsule of the right ring finger, repair of extensor tendon at proximal interphalangeal joint right index finger, debridement of skin and subcutaneous tissue of the right hand, simple repairs measuring 7 cm on the right dorsal hand and application of a short arm splint. Exhibit K, page 11-12. 13. Exploration findings included injury to the extensor tendon at the proximal interphalangeal joint on the index finger as well as injuries to the extensor tendon and lateral band mechanism on the base of the right ring finger overlying the metacarpal phalangeal joint and injury to the joint capsule. Id. Page 11. 14. Plaintiff was then discharged home. Discharge instructions included elevation of the affected hand, keep on splint, Motrin 600 mg every eight (8) hours for pain and Keflex 500 mg every six (6) hours for seven (7) days. Plaintiff was to follow up with hand specialist, Dr. Sayeed as scheduled and to call on Monday for an appointment. Plaintiff was further instructed to follow up with his primary care provider 24-48 hours after discharge and to seek immediate medical care for any new or worsening signs or symptoms Id. page 51-52. 15. Thereafter, plaintiff received care and treatment with Dr. Sayeed under his exclusive direction in his private office on July 25, 2017, August 7, 2017, August 31, 2017, September 21, 2017, and October 12, 2017. Exhibit L. Dated: October 12, 2022 Garden City, New York ______________________________ Kerrianne Russo, Esq. 4 of 5 FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 10/12/2022 CERTIFICATION PURSUANT TO 22 NYCRR 202.8-B I, Kerrianne Russo, Esq., an attorney duly admitted to practice law before the Courts of the State of New York, hereby certifies that this Statement of Undisputed Material Facts complies with the word count set forth pursuant to 22 NYCRR 202.8-b in that it contains 1,103 words, exclusive of the caption, table of contents, table of authorities, and signature block, etc. In preparing this certification, I have relied on the word-processing system used to prepare this document. Dated: October 12, 2022 Garden City, New York ____________________________ Kerrianne Russo 5 of 5