Preview
FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/17/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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JOSEPH CHAN as Administrator of the Estate of Index No.: 805145/2022
YUK CHU CHAN and JOSEPH CHAN, Individually,
Plaintiff, DEMAND FOR A
VERIFIED BILL
-against- OF PARTICULARS
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH
GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR
and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION,
Defendants.
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COUNSELOR:
PLEASE TAKE NOTICE that, pursuant to Sections 3041, 3042, 3043, and 3044 of the
Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars
upon Defendant, NEW YORK CITY HEALTH + HOSPITALS CORPORATION s/h/a
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM
HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION, within thirty (30) days after receipt of this Demand.
Each item and subdivision of this Demand must be answered separately and categorically
under its own number, without reference to the Complaint or to other portions of the Bill of
Particulars. Whirl Knits v. Adler Business Machines, Inc., 54 A.D.2d 760 (2d Dep’t 1976).
1. As to the Plaintiff:
(a) Date of Birth;
(c) Place of residence/address;
(d) Social Security Number.
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As to the Plaintiff’s Decedent:
(a) Date of Birth;
(c) Place of residence/address;
(d) Social Security Number.
2. Set forth:
(a) Each date on which the Defendant, or its agents, rendered
medical care to the Plaintiff’s decedent; and
(b) Each date on which it will be claimed that the Defendant, or
its agents, rendered negligent medical care and treatment.
(c) The address or addresses where such medical care was
rendered to the Plaintiff’s decedent.
(d) Each date on which the plaintiff’s decedent had telemedicine
and/or video conference appointments and visits with the
Defendant, or its agents.
3. Set forth:
(a) The condition or conditions which it will be claimed the
Defendant undertook to treat; and
(b) A statement of the accepted medical practices, customs, and
medical standards, if any, which it is claimed were violated
and departed from by the Defendant herein or its agents.
4. 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.
5. State whether or not any claim is made that a piece of equipment or medication
was not provided to plaintiff and, if so, identify the equipment or medication that allegedly
should have been provided.
6. State whether or not any claim is made that Defendant or its agents were negligent
by not having a sufficient amount of supplies available and, if so, identify the equipment that
should have been provided.
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7. State whether or not any claim that Defendant did not have adequate staff to treat
plaintiff and, if so, identify what type of staff should have been made available to plaintiff.
8. Does plaintiff allege the inappropriate use of available countermeasures as
defined by 42 USC § 247d-6d(1)(A), (B), (C), or (D)? If so, state which countermeasures were
inappropriately used.
9. Does plaintiff allege a failure to use or provide available countermeasures as
defined by 42 USC § 247-6d(1) (A), (B), (C), or (D)? If so, which countermeasures were
available and not utilized?
10. Does plaintiff allege that decedent’s injuries were caused, either in whole or in
part, by a medication or device administered to treat COVID-19 virus? If so, identify the
medication or device.
11. Does plaintiff allege that Defendant, or its agents, failed to properly treat or
diagnose COVID-19?
12. If plaintiff will claim that the Defendant ignored complaints, signs, and/or
symptoms, made an erroneous diagnosis, afforded improper treatment, administered improper
and/or contraindicated drugs, administered proper drugs in an incorrect dosage, failed to take or
administered tests, or improperly took and administered tests, state:
(a) The complaints, signs, and/or symptoms that the Defendant
ignored and the date of each such occurrence;
(b) In what respect the diagnosis by the Defendant was erroneous
and incorrect, what the claimed correct diagnosis should have
been, and the point in time that the Plaintiff will claim the
Defendant should have made the correct diagnosis;
(c) The improper treatment that was afforded and in what manner
the said treatment was improperly performed;
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(d) The name of each and every improper and/or contraindicated
drug, if any, the name of the Defendant prescribing same and
the date of each such prescription;
(e) The name of each proper drug allegedly administered
incorrectly with the dosage that Plaintiff will claim was the
correct dosage;
(f) The name and/or description of each and every test Defendant
failed to take or administer and the alleged date of such
omission; and
(g) The name of each and every test the Defendant improperly
took or administered, and the manner in which each such test
was improperly taken or administered and the date(s) thereof.
13. If the plaintiff will claim that the Defendant improperly performed a surgical
procedure or procedures, or performed a surgical procedure that was
contraindicated and/or unnecessary, or failed to perform a required surgical
procedure, state:
(a) The name of the improperly performed, contraindicated, or
unnecessary surgical procedure and the date when it was
performed;
(b) In what manner was the aforesaid surgical procedure
improperly performed; and
(c) Describe the procedure that should have been performed.
14. Set forth each act an omission which constitutes the alleged malpractice of the
Defendant (other than those acts and omissions which are set forth in response to
items "4" and "5") and the date of each act and omission.
15. If it is claimed that the Defendant is responsible vicariously for the acts or
omissions of other(s), state the name of each such individual. If the name if not
known, describe the physical appearance with sufficient clarity for ready
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identification, and state the occupation of each such person and the date and place
of the act or omission.
16. State:
(a) The injuries that plaintiff’s decedent suffered as a result of the
alleged negligence and/or malpractice of the defendant;
(b) Set forth which injuries are claimed to be permanent and in
what respect they are claimed to be permanent.
17. State the length of time the plaintiff’s decedent was confined to:
(a) Bed;
(b) House;
(c) Hospital;
(d) Nursing home or other rehabilitative institution.
18. State separately the total amounts claimed by the plaintiff as special damages for
each of the following:
(a) Physicians' services and medical services with names and
addresses of all physicians and each chiropractor who treated
Plaintiff for said injuries, and the dates of each physician's
treatment including telemedicine and/or video conference
appointments and visits;
(b) Nurses' services;
(c) Medical supplies, with a description of the supplies;
(d) Hospital expenses, with the names and addresses of all
hospitals and dates of confinement at each hospital;
(e) Each projected or anticipated item of future expense which
Plaintiff will claim at trial;
(f) Any other expenses.
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19. If applicable, state:
(a) Occupation of the plaintiff at the time of the alleged malpractice by the
defendant, together with the name and address of the plaintiff’s employer
at such time.
(b) If self-employed, state the address of the place of employment and the
type of business or occupation in which the plaintiff was engaged
immediately prior to the occurrence;
(c) The length of time the plaintiff was unable to attend to his employment or
his business;
(d) The amount of money the plaintiff was alleged to have earned during the
year prior to the occurrence; and
(e) The amount of earnings the plaintiff is alleged to have lost as a result of the
Defendant’s negligence.
20. If applicable, state:
(a) Occupation of the plaintiff’s decedent at the time of the alleged
malpractice by the defendant, together with the name and address of the
plaintiff’s decedent’s employer at such time.
(b) If self-employed, state the address of the place of employment and the
type of business or occupation in which the plaintiff’s decedent was
engaged immediately prior to the occurrence;
(c) The length of time the plaintiff’s decedent was unable to attend to his
employment or his business;
(d) The amount of money the plaintiff’s decedent was alleged to have earned
during the year prior to the occurrence; and
(e) The amount of earnings the plaintiff’s decedent is alleged to have lost as a
result of the Defendant’s negligence.
21. If the plaintiff has received reimbursement for any of medical expenses incurred
in connection with the treatment of the injuries complained of in the complaint,
set forth:
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(a) The source of the reimbursement, including:
(i) The name of the indemnitor (such as Blue Cross,
GHI, etc.),
(ii) The group or policy number and Plaintiff’s
identification number for each provider,
(iii) Medicaid and/or Medicare number;
(b) The dates and amounts of reimbursement.
22. State whether plaintiff will claim that decedent did not consent to any of the
examinations, tests, operations and/or procedures, care and treatment,
respectively, that were under-taken by defendant or whatever drugs were
prescribed or provided by defendant, and specify as to which plaintiff will claim
he did not consent.
23. State whether plaintiff will claim that decedent would have declined any of the
examinations, tests, operations and/or procedures, care and treatment, that were
undertaken by defendant of any of the drugs prescribed or provided by defendant
had he been advised of the risk, specify which risks it will be claimed would have
caused him to so decline, and state what examinations, tests, operations and/or
procedures, care and treatment, or medication he would have declined.
24. State whether the plaintiff will claim that decedent was advised of any risks as to
any of the examinations, tests, operations and/or procedures, care and treatment,
respectively, that were undertaken by defendant or any of the drugs prescribed or
provided by defendant, and set forth what he will claim he was advised, the
manner thereof.
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25. State whether the plaintiff will claim that decedent asked the defendant the risks
involved in any of the examinations, tests, operations and/or procedures, care and
treatment, respectively, that were undertaken by defendant or any of the drugs
prescribed or provided by defendant, before these were done, and specify which
ones he will claim he was not given information, and the risks thereof it will be
claimed he would have been advised.
26. State whether plaintiff will claim that the defendant exceeded the scope of consent
given with respect to the performance of any of the examinations, tests, operations
and/or procedures, care and treatment, that were undertaken by defendant, or any
of the drugs prescribed or provided by defendant and specify what consent is
claimed to have been given, with which of the above it will be claimed it was
exceeded, and the manner thereof.
27. State whether plaintiff’s decedent has been tested for the COVID 19 virus:
If so, set forth:
a) Date(s) of test(s).
b) Result(s) of test(s).
c) The specific treatment plaintiff’s decedent received, including any
diagnostics, therapeutics or other medical treatment.
28. State whether the plaintiff’s decedent has been diagnosed with the COVID 19
virus:
a) Set forth the date he was diagnosed.
b) Set forth the treatment received including any diagnostic, therapeutics or
other medical treatment for the COVID 19 virus including where, when
and by whom plaintiff’s decedent was treated.
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29. While plaintiff’s decedent was under the care of defendant was he diagnosed with
the COVID 19 virus?
If so, set forth:
a) Date(s) of test(s).
b) Result(s) of test(s).
c) The specific treatment plaintiff’s decedent received, including any
diagnostics, therapeutics or other medical treatment.
CLAIMS IN A WRONGFUL DEATH ACTION
30. Set forth the claimed cause of death and place where plaintiff’s decedent died.
31. Set forth the total amount claimed for funeral expenses;
32. Set for the name and address of the funeral home, if any;
33. Set forth the name and address of the cemetery or crematorium, if any;
34. Set forth the names of, addresses, ages, and relationships to the decedent of
all of the next of kin and distributees of the decedent.
35. Set forth the date of death of the decedent.
36. State whether an autopsy was performed upon the body of the decedent and, if
so, state where such procedure was performed.
37. Set forth the County and State of birth of the decedent, together with the
decedent's full name at the time of birth.
38. With respect to claimed pecuniary loss sustained by the next of kin as a r esult
of the death of decedent, state:
(a) the names and addresses of the next of kin who received financial support
from the deceased at the time of death;
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(b) the specific amount received by each of the next of kin from the deceased
during the five-year period immediately prior to decedent’s death;
(c) the approximate dates when each sum of money was allegedly paid the
next of kin of the deceased during the five-year period immediately prior
to this death;
(d) the amount of pecuniary loss claimed to be sustained by each of the
decedent’s next of kin.
To the best of my knowledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Dated: Garden City, New York
October 17, 2022
Yours, etc.,
KAUFMAN BORGEEST & RYAN LLP
By:
Christine E. F. Rockwell
Attorneys for Defendant
NEW YORK CITY HEALTH + HOSPITALS
CORPORATION s/h/a NYC HEALTH AND
HOSPITALS/GOTHAM HEALTH
GOUVERNEUR, GOTHAM HEALTH
GOUVERNEUR and NEW YORK CITY
HEALTH AND HOSPITALS CORPORATION
1205 Franklin Avenue – 2nd Floor
Garden City, New York 11530
(516) 248-6000
KBR File No.: 961-110
TO: SINEL & OLESEN, PLLC
Attorneys for Plaintiff
330 7th Avenue, 10th Floor
New York, New York 10001
(212) 465-1000
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Index No.: 805145/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH CHAN,
Individually,
Plaintiff(s),
-against-
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM
HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION,
Defendants.
COMBINED DEMANDS
KAUFMAN BORGEEST & RYAN LLP
ATTORNEYS AT LAW
1205 FRANKLIN AVENUE
2nd FLOOR
GARDEN CITY, NEW YORK 11530
(516) 248-6000
ATTORNEYS FOR DEFENDANT
NEW YORK CITY HEALTH + HOSPITALS CORPORATION
s/h/a NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR,
GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND
HOSPITALS CORPORATION
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FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/17/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------------X JOSEPH CHAN as Administrator of the Estate of Index No.: 805145/2022 YUK CHU CHAN and JOSEPH CHAN, Individually, Plaintiff, DEMAND FOR A VERIFIED BILL -against- OF PARTICULARS NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendants. --------------------------------------------------------------------------X COUNSELOR: PLEASE TAKE NOTICE that, pursuant to Sections 3041, 3042, 3043, and 3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars upon Defendant, NEW YORK CITY HEALTH + HOSPITALS CORPORATION s/h/a NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, within thirty (30) days after receipt of this Demand. Each item and subdivision of this Demand must be answered separately and categorically under its own number, without reference to the Complaint or to other portions of the Bill of Particulars. Whirl Knits v. Adler Business Machines, Inc., 54 A.D.2d 760 (2d Dep’t 1976). 1. As to the Plaintiff: (a) Date of Birth; (c) Place of residence/address; (d) Social Security Number. 8537715 1 of 11 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/17/2022 As to the Plaintiff’s Decedent: (a) Date of Birth; (c) Place of residence/address; (d) Social Security Number. 2. Set forth: (a) Each date on which the Defendant, or its agents, rendered medical care to the Plaintiff’s decedent; and (b) Each date on which it will be claimed that the Defendant, or its agents, rendered negligent medical care and treatment. (c) The address or addresses where such medical care was rendered to the Plaintiff’s decedent. (d) Each date on which the plaintiff’s decedent had telemedicine and/or video conference appointments and visits with the Defendant, or its agents. 3. Set forth: (a) The condition or conditions which it will be claimed the Defendant undertook to treat; and (b) A statement of the accepted medical practices, customs, and medical standards, if any, which it is claimed were violated and departed from by the Defendant herein or its agents. 4. 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. 5. State whether or not any claim is made that a piece of equipment or medication was not provided to plaintiff and, if so, identify the equipment or medication that allegedly should have been provided. 6. State whether or not any claim is made that Defendant or its agents were negligent by not having a sufficient amount of supplies available and, if so, identify the equipment that should have been provided. 2 8537715 2 of 11 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/17/2022 7. State whether or not any claim that Defendant did not have adequate staff to treat plaintiff and, if so, identify what type of staff should have been made available to plaintiff. 8. Does plaintiff allege the inappropriate use of available countermeasures as defined by 42 USC § 247d-6d(1)(A), (B), (C), or (D)? If so, state which countermeasures were inappropriately used. 9. Does plaintiff allege a failure to use or provide available countermeasures as defined by 42 USC § 247-6d(1) (A), (B), (C), or (D)? If so, which countermeasures were available and not utilized? 10. Does plaintiff allege that decedent’s injuries were caused, either in whole or in part, by a medication or device administered to treat COVID-19 virus? If so, identify the medication or device. 11. Does plaintiff allege that Defendant, or its agents, failed to properly treat or diagnose COVID-19? 12. If plaintiff will claim that the Defendant ignored complaints, signs, and/or symptoms, made an erroneous diagnosis, afforded improper treatment, administered improper and/or contraindicated drugs, administered proper drugs in an incorrect dosage, failed to take or administered tests, or improperly took and administered tests, state: (a) The complaints, signs, and/or symptoms that the Defendant ignored and the date of each such occurrence; (b) In what respect the diagnosis by the Defendant was erroneous and incorrect, what the claimed correct diagnosis should have been, and the point in time that the Plaintiff will claim the Defendant should have made the correct diagnosis; (c) The improper treatment that was afforded and in what manner the said treatment was improperly performed; 3 8537715 3 of 11 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/17/2022 (d) The name of each and every improper and/or contraindicated drug, if any, the name of the Defendant prescribing same and the date of each such prescription; (e) The name of each proper drug allegedly administered incorrectly with the dosage that Plaintiff will claim was the correct dosage; (f) The name and/or description of each and every test Defendant failed to take or administer and the alleged date of such omission; and (g) The name of each and every test the Defendant improperly took or administered, and the manner in which each such test was improperly taken or administered and the date(s) thereof. 13. If the plaintiff will claim that the Defendant improperly performed a surgical procedure or procedures, or performed a surgical procedure that was contraindicated and/or unnecessary, or failed to perform a required surgical procedure, state: (a) The name of the improperly performed, contraindicated, or unnecessary surgical procedure and the date when it was performed; (b) In what manner was the aforesaid surgical procedure improperly performed; and (c) Describe the procedure that should have been performed. 14. Set forth each act an omission which constitutes the alleged malpractice of the Defendant (other than those acts and omissions which are set forth in response to items "4" and "5") and the date of each act and omission. 15. If it is claimed that the Defendant is responsible vicariously for the acts or omissions of other(s), state the name of each such individual. If the name if not known, describe the physical appearance with sufficient clarity for ready 4 8537715 4 of 11 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/17/2022 identification, and state the occupation of each such person and the date and place of the act or omission. 16. State: (a) The injuries that plaintiff’s decedent suffered as a result of the alleged negligence and/or malpractice of the defendant; (b) Set forth which injuries are claimed to be permanent and in what respect they are claimed to be permanent. 17. State the length of time the plaintiff’s decedent was confined to: (a) Bed; (b) House; (c) Hospital; (d) Nursing home or other rehabilitative institution. 18. State separately the total amounts claimed by the plaintiff as special damages for each of the following: (a) Physicians' services and medical services with names and addresses of all physicians and each chiropractor who treated Plaintiff for said injuries, and the dates of each physician's treatment including telemedicine and/or video conference appointments and visits; (b) Nurses' services; (c) Medical supplies, with a description of the supplies; (d) Hospital expenses, with the names and addresses of all hospitals and dates of confinement at each hospital; (e) Each projected or anticipated item of future expense which Plaintiff will claim at trial; (f) Any other expenses. 5 8537715 5 of 11 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/17/2022 19. If applicable, state: (a) Occupation of the plaintiff at the time of the alleged malpractice by the defendant, together with the name and address of the plaintiff’s employer at such time. (b) If self-employed, state the address of the place of employment and the type of business or occupation in which the plaintiff was engaged immediately prior to the occurrence; (c) The length of time the plaintiff was unable to attend to his employment or his business; (d) The amount of money the plaintiff was alleged to have earned during the year prior to the occurrence; and (e) The amount of earnings the plaintiff is alleged to have lost as a result of the Defendant’s negligence. 20. If applicable, state: (a) Occupation of the plaintiff’s decedent at the time of the alleged malpractice by the defendant, together with the name and address of the plaintiff’s decedent’s employer at such time. (b) If self-employed, state the address of the place of employment and the type of business or occupation in which the plaintiff’s decedent was engaged immediately prior to the occurrence; (c) The length of time the plaintiff’s decedent was unable to attend to his employment or his business; (d) The amount of money the plaintiff’s decedent was alleged to have earned during the year prior to the occurrence; and (e) The amount of earnings the plaintiff’s decedent is alleged to have lost as a result of the Defendant’s negligence. 21. If the plaintiff has received reimbursement for any of medical expenses incurred in connection with the treatment of the injuries complained of in the complaint, set forth: 6 8537715 6 of 11 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/17/2022 (a) The source of the reimbursement, including: (i) The name of the indemnitor (such as Blue Cross, GHI, etc.), (ii) The group or policy number and Plaintiff’s identification number for each provider, (iii) Medicaid and/or Medicare number; (b) The dates and amounts of reimbursement. 22. State whether plaintiff will claim that decedent did not consent to any of the examinations, tests, operations and/or procedures, care and treatment, respectively, that were under-taken by defendant or whatever drugs were prescribed or provided by defendant, and specify as to which plaintiff will claim he did not consent. 23. State whether plaintiff will claim that decedent would have declined any of the examinations, tests, operations and/or procedures, care and treatment, that were undertaken by defendant of any of the drugs prescribed or provided by defendant had he been advised of the risk, specify which risks it will be claimed would have caused him to so decline, and state what examinations, tests, operations and/or procedures, care and treatment, or medication he would have declined. 24. State whether the plaintiff will claim that decedent was advised of any risks as to any of the examinations, tests, operations and/or procedures, care and treatment, respectively, that were undertaken by defendant or any of the drugs prescribed or provided by defendant, and set forth what he will claim he was advised, the manner thereof. 7 8537715 7 of 11 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/17/2022 25. State whether the plaintiff will claim that decedent asked the defendant the risks involved in any of the examinations, tests, operations and/or procedures, care and treatment, respectively, that were undertaken by defendant or any of the drugs prescribed or provided by defendant, before these were done, and specify which ones he will claim he was not given information, and the risks thereof it will be claimed he would have been advised. 26. State whether plaintiff will claim that the defendant exceeded the scope of consent given with respect to the performance of any of the examinations, tests, operations and/or procedures, care and treatment, that were undertaken by defendant, or any of the drugs prescribed or provided by defendant and specify what consent is claimed to have been given, with which of the above it will be claimed it was exceeded, and the manner thereof. 27. State whether plaintiff’s decedent has been tested for the COVID 19 virus: If so, set forth: a) Date(s) of test(s). b) Result(s) of test(s). c) The specific treatment plaintiff’s decedent received, including any diagnostics, therapeutics or other medical treatment. 28. State whether the plaintiff’s decedent has been diagnosed with the COVID 19 virus: a) Set forth the date he was diagnosed. b) Set forth the treatment received including any diagnostic, therapeutics or other medical treatment for the COVID 19 virus including where, when and by whom plaintiff’s decedent was treated. 8 8537715 8 of 11 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/17/2022 29. While plaintiff’s decedent was under the care of defendant was he diagnosed with the COVID 19 virus? If so, set forth: a) Date(s) of test(s). b) Result(s) of test(s). c) The specific treatment plaintiff’s decedent received, including any diagnostics, therapeutics or other medical treatment. CLAIMS IN A WRONGFUL DEATH ACTION 30. Set forth the claimed cause of death and place where plaintiff’s decedent died. 31. Set forth the total amount claimed for funeral expenses; 32. Set for the name and address of the funeral home, if any; 33. Set forth the name and address of the cemetery or crematorium, if any; 34. Set forth the names of, addresses, ages, and relationships to the decedent of all of the next of kin and distributees of the decedent. 35. Set forth the date of death of the decedent. 36. State whether an autopsy was performed upon the body of the decedent and, if so, state where such procedure was performed. 37. Set forth the County and State of birth of the decedent, together with the decedent's full name at the time of birth. 38. With respect to claimed pecuniary loss sustained by the next of kin as a r esult of the death of decedent, state: (a) the names and addresses of the next of kin who received financial support from the deceased at the time of death; 9 8537715 9 of 11 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/17/2022 (b) the specific amount received by each of the next of kin from the deceased during the five-year period immediately prior to decedent’s death; (c) the approximate dates when each sum of money was allegedly paid the next of kin of the deceased during the five-year period immediately prior to this death; (d) the amount of pecuniary loss claimed to be sustained by each of the decedent’s next of kin. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Dated: Garden City, New York October 17, 2022 Yours, etc., KAUFMAN BORGEEST & RYAN LLP By: Christine E. F. Rockwell Attorneys for Defendant NEW YORK CITY HEALTH + HOSPITALS CORPORATION s/h/a NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION 1205 Franklin Avenue – 2nd Floor Garden City, New York 11530 (516) 248-6000 KBR File No.: 961-110 TO: SINEL & OLESEN, PLLC Attorneys for Plaintiff 330 7th Avenue, 10th Floor New York, New York 10001 (212) 465-1000 10 8537715 10 of 11 FILED: NEW YORK COUNTY CLERK 10/17/2022 03:43 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/17/2022 Index No.: 805145/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH CHAN, Individually, Plaintiff(s), -against- NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendants. COMBINED DEMANDS KAUFMAN BORGEEST & RYAN LLP ATTORNEYS AT LAW 1205 FRANKLIN AVENUE 2nd FLOOR GARDEN CITY, NEW YORK 11530 (516) 248-6000 ATTORNEYS FOR DEFENDANT NEW YORK CITY HEALTH + HOSPITALS CORPORATION s/h/a NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION 8537715 11 of 11