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FILED: NEW YORK COUNTY CLERK 08/04/2022 12:24 PM INDEX NO. 151662/2018
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/04/2022
EXHIBIT A
FILED: NEW YORK COUNTY CLERK 08/04/2022 12:24 PM INDEX NO. 151662/2018
NYSCEF DOC. NO. 87 RECEIVED INDEX
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(FILED : NEW YORK COUNTY CLERK 0 6/22 /2018 01: 35 PM)
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/22/2018
SUPREME COURT OF THE STATE OF NEW YORK Index No.: 151662/2018
COUNTY OF NEW YORK Date Purchased:2-23-2018
.- ---.----------Ç
________________-.._ _......
.............................----
ANISTO ALVES, Plaintiff designates
New York County as
Plaintiff, the place of trial.
-against- The basis of the venue is a
defendant's residence.
PARK AVENUE OPERATING CO., LLC d/b/a PARK SUPPLEMENTAL
AVENUE EXTENDED CARE FACILITY, SOUTH SUMMONS
NASSAU COMMUNITIES HOSPITAL, MOUNT SINAI
HEALTH SYSTEM, INC. and "JOHN AND/OR JANE
DOE", as further described in the annexed complaint, Plaintiff resides at:
HILLARY JOHN HURTADO, M.D., SHIP‰ALI 130 E. Market Street
ROHATGI, M.D., ARUN ARORA, M.D., SURESH Long Beach, NY 11561
KUMAR NAHATA, M.D., RAJESH ROHATGI, M.D.,
SANDEEP GUPTA, M.D., MIHAI D. DIMANCESCU,
M.D., JAMES A. GERMANO, II, M.D., IVAN
MIKOLAENKO, M.D., HARAMANDEEP SINGH, M.D.
and ANNE M. GLASER, M.D.,
Defendants.
........-...--..---.------_______ ______________ _.-...,.....-..--.-..---Ç
TO THE ABOVE NAMED DEFENDANTS:
You are summoned to answer the complaint in this action and to serve a copy of
hereby
your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the State of New York); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: New York, New York
June 22, 2018
)
Antin, Ehrlich & Epstjad, LI
Attorneys forPlaipdffs
37th 16
49 West 3 F OOr.
New York, Þ•ew York
J
)018
(212) 221f5999 .
By: /
Scott Eps
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To: PARK AVENUE OPERATING CO., LLC SOUTH NASSAU COMMUNITIES
d/b/aPARK AVENUE EXTENDED CARE HOSPITAL
FACILITY c/o Secretary of State
c/o Secretaryof State
MOUNT SINAI HEALTH SYSTEM, INC. "JOHN AND/OR JANE DOE", address
One Gustave L. Levy Place unknown at this
time.
New York, NY 10029
SHIPHALI ROHATGI SURESH KUMAR NAHATA
29 Hamilton Place
Garden City, New York 11530
-or-
30 Merrick Avenue, Suite 105 SANDEEP GUPTA
East Meadow, New York 11554 14 East Olive Street
Long Beach, New York 11561
HILLARY JOHN HURTADO
235 EveritAvenue MIHAI D. DIMANCESCU, M.D
Hewlett, New York 12157 356 West HillsRoad
-or- Huntington, New York 11743
20th
228 Beach Street
Far Rockaway, New York 11691 JAMES A. GERMANO, II,M.D.
16 Pine HillDrive
ARUN ARORA Dix Hills,New York 11746
8 MillPond Lane
Locust Valley,New York 11560 IVAN MIKOLAENKO, M.D.
-or- 25 Neptune Boulevard, Apt. 6T
175th New York
7604 Street Long Beach,
Flushing, New York 11366
ANNE M. GLASER, M.D.
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SUPREME COURT OF THE STATE OF NEW YORK Index No.: 151662/2018
COUNTY OF NEW YORK
....................-,----.........................-------------,.....Ç
ANISTO ALVES,
AMENDED
Plaintiff, COMPLAINT
-against-
PARK AVENUE OPERATING CO., LLC d /a PARK
AVENUE EXTENDED CARE FACILITY, SOUTH
NASSAU COMMUNITIES HOSPITAL, MOUNT SINAI
HEALTH SYSTEM, INC. and "JOHN AND/OR JANE
DOE", as further described in the annexed complaint,
HILLARY JOHN HURTADO, M.D., SHIPHALI
ROHATGI, M.D., ARUN ARORA, M.D., SURESH
KUMAR NAHATA, M.D., RAJESH ROHATGI, M.D.,
SANDEEP GUPTA, M.D., MIHAI D. DIMANCESCU,
M.D., JAMES A. GERMANO, II, M.D., IVAN
MIKOLAENKO, M.D., HARAMANDEEP SINGH, M.D.,
and ANNE M. GLASER, M.D.,
Defendants.
- ---.--------------------............-....--....Ç
......-...............-
Plaintiff, complaining of the defendants herein by his attorneys, Antin, Ehrlich & Epstein,
LLP, respectfully sets forth and alleges upon information and belief as follows:
1. That at the commencement of this action plaintiff was a resident of the State of
New York, County of Nassau, residing at 130 E. Market Street, Long Beach, New York, 11561.
2. That at all times hereinafter mentioned, the defendant, PARK AVENUE
OPERATING CO., LLC d/b/a PARK AVENUE EXTENDED CARE FACILITY (hereinafter
referred to as "Extended Care Facility") was stilland is a nursing and rehabilitation care facility
duly organized and existing under and by virtue of the laws of the State of New York.
Facility,"
3. That at all times hereinafter mentioned, the defendant, "Extended Care
was stilland is a nursing and rehabilitation care facilityduly organized and existing under and by
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virtue of the laws of the State of New York, located at 425 National Boulevard, Long Beach, NY
11561.
Facility,"
4. That at alltimes hereinafter mentioned, the defendant, "Extended Care
was and is a domestic limited liability company duly organized and existing under and by virtue
of the laws of the State of New York.
Facility,"
5. That at alltimes hereinafter mentioned, the defendant, "Extended Care
was and is a domestic limited liability company located at 425 National Boulevard, Long Beach,
NY 11561.
Facility,"
6. At all times hereinafter mentioned, the defendant, "Extended Care was
vicariously and/or ostensibly liable for the acts and/or omissions of its employees, agents,
Facility,"
servants and/or representatives of the defendant, "Extended Care including, but not
Doe."
limited to, the defendants, "John and/or Jane
7. That at all times hereinafter mentioned, the defendant, SOUTH NASSAU
COMMUNITIES HOSPITAL (hereinafter referred to as "Hospital") was stilland is a hospital
duly organized and existing under and by virtue of the laws of the State of New York.
"Hospital,"
8. That at all times hereinafter mentioned, the defendant, was stilland is
a hospital duly organized and existing under and by virtue of the laws of the State of New York,
located at One Healthy Way, Oceanside, NY 11572.
"Hospital,"
9. That at all times hereinafter mentioned, the defendant, was and is a
domestic not-for-profit corporation duly organized and existing under and by virtue of the laws
of the State of New York.
"Hospital,"
10. That at all times hereinafter mentioned, the defendant, was and is a
domestic not-for-profit corporation located at One Healthy Way, Oceanside, NY 11572.
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"Hospital,"
11. At all times hereinafter mentioned, the defendant, was vicariously
and/or liable for the acts and/or omissions of its employees, agents, servants and/or
ostensibly
"Hospital."
representatives of the defendant
12. That at all times hereinafter mentioned, the defendant, MOUNT SINAI HEALTH
SYSTEM, INC. (hereinafter referred to as "Sinai Health") was still and is a hospital duly
organized and existing under and by virtue of the laws of the State of New York.
Health,"
13. That at alltimes hereinafter mentioned, the defendant, "Sinai was and is
a domestic not-for-profit corporation duly organized and existing under and by virtue of the laws
of the State of New York.
Health,"
14. That at all times hereinaRer mentioned, the defendant, "Sinai its
employees, agents, servants and/or representatives, owned a hospital located at One Healthy
Way, Oceanside, NY 11572.
Health,"
15. That at all times hereinaher mentioned, the defendant, "Sinai its
employees, agents, servants and/or representatives, operated a hospital located at One Healthy
Way, Oceanside, NY 11572.
Health,"
16. That at all times hereinaRer mentioned, the defendant, "Sinai its
employees, agents, servants and/or representatives, managed a hospital located at One Healthy
Way, Oceanside, NY 11572.
Health,"
17. That at all times hereinafter mentioned, the defendant, "Sinai its
employees, agents, servants and/or representatives, controlled a hospital located at One Healthy
Way, Oceanside, NY 11572.
Health,"
18. That at all times hereinaRer mentioned, the defendant, "Sinai its
employees, agents, servants and/or representatives, supervised a hospital located at One Healthy
Way, Oceanside, NY 11572.
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Health,"
19. At all times hereinafter mentioned, the defendant, "Sinai was vicariously
and/or ostensibly liable for the acts and/or omissions of its employees, agents, servants and/or
Health."
representatives of the defendant "Sinai
DOE,"
20. Defendants, "JOHN AND/OR JANE is/are each and all described as
follows: a(an) individual, agent, servant and/or employee of the defendant, "Extended Care
Facility,"
who commencing continuously prior to and including April 1, 2015 and thereafter, was
a physician and/or physician's assistant and/or nurse and who was an agent, servant and/or
Facility,"
employee of the defendant, "Extended Care and treated and/or assisted in the treatment
of the plaintiff at the facility located at 425 National Boulevard, Long Beach, NY 11561, in the
County of Nassau, State of New York, and/or at any of their other facilities, and, more
specifically, from September 18, 2015 to September 21, 2015, in connection with the plaintiff's
continuing/worsening complaints of right leg pain.
21. That the defendant, Hillary John Hurtado, M.D., (herein after referred to as
"Hurtado") was, at all times hereinafter mentioned, a physician duly licensed to practice
medicine in the State of New York.
22. That the defendant, Shiphali Rohatgi, M.D., (herein after referred to as "Rohatgi")
was, at all times hereinafter mentioned, a physician duly licensed to practice medicine in the
State of New York.
23. That the defendant, Arun Arora, M.D., (herein after referred to as "Arora") was,
at all times hereinafter mentioned, a physician duly licensed to practice medicine in the State of
New York.
24. That the defendant, Suresh Kumar Nahata, M.D., (herein after referred to as
"Nahata") was, at all times hereinafter mentioned, a physician duly licensed to practice medicine
in the State of New York.
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25. That the defendant, Rajesh Rohatgi, M.D., (herein after referred to as "Rajesh")
was, at all times hereinafter mentioned, a physician duly licensed to practice medicine in the
State of New York.
26. That the defendant, Sandeep Gupta, M.D., (herein after referred to as "Gupta")
was, at all times hereinafter mentioned, a physician duly licensed to practice medicine in the
State of New York.
27. That the defendant, Mihai D. Dimancescu, M.D., (herein after referred to as
"Dimancescu") was, at all times hereinafter mentioned, a physician duly licensed to practice
medicine in the State of New York.
28. That the defendant, James A. Germano, 11, M.D., (herein after referred to as
"Germano") was, at all times hereinafter mentioned, a physician duly licensed to practice
medicine in the State of New York.
29. That the defendant, Ivan Mikolaenko, M.D., (herein after referred to as
"Mikolaenko") was, at all times hereinafter mentioned, a physician duly licensed to practice
medicine in the State of New York.
30. That the defendant, Haramandeep Singh, M.D., (herein after referred to as
"Singh") was, at all times hereinafter mentioned, a physician duly licensed to practice medicine
in the State of New York.
31. That the defendant, Anne M. Glaser, M.D., (herein after referred to as "Glaser")
was, at all times hereinafter mentioned, a physician duly licensed to practice medicine in the
State of New York.
32. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto
Alves, came under the medical, nursing and rehabilitation care and treatment of defendant
Facility."
"Extended Care
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33. Commencing continually prior to September 21, 2015 and thereafter, plaintiff,
"Hospital."
Anisto Alves, came under the medical care and treatment of defendant
34. Commencing continually prior to September 21, 2015 and thereafter, plaintiff,
Health."
Anisto Alves, came under the medical care and treatment of defendant "Sinai
35. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto
Alves, came under the medical, nursing and rehabilitation care and treatment of defendants
Doe."
"John or Jane
36. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto
Alves, came under the medical, nursing and rehabilitation care and treatment of defendants
"Hurtado"
37. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto
Alves, came under the medical, nursing and rehabilitation care and treatment of defendants
"Rohatgi"
38. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto
Alves, came under the medical, nursing and rehabilitation care and treatment of defendants
"Arora"
39. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto
Alves, came under the medical, nursing and rehabilitation care and treatment of defendants
"Nahata"
40. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto
Alves, came under the medical, nursing and rehabilitation care and treatment of defendants
"Rajesh"
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41. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto
Alves, came under the medical, nursing and rehabilitation care and treatment of defendants
"Gupta"
42. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto
Alves, came under the medical, nursing and rehabilitation care and treatment of defendants
"Dimancescu"
43. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto
Alves, came under the medical, nursing and rehabilitation care and treatment of defendants
"Germano"
44. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto
Alves, came under the medical, nursing and rehabilitation care and treatment of defendants
"Mikolaeko"
45. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto
Alves, came under the medical, nursing and rehabilitation care and treatment of defendants
"Singh"
46. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto
Alves, came under the medical, nursing and rehabilitation care and treatment of defendants
"Glaser"
47. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto
Alves, came under the medical, nursing and rehabilitation care and treatment of defendant
"Extended Care Facility,"its employees, agents, servants, and/or representatives.
48. Commencing continually prior to September 21, 2015 and thereafter, plaintiff,
"Hospital,"
Anisto Alves, came under the medical care and treatment of defendant, its
employees, agents, servants, and/or representatives.
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Facility,"
49. Defendant "Extended Care its agents, servants and/or employees
operated, maintained, managed, controlled and supervised the aforesaid nursing and
rehabilitation care premises, which held itself out to the public at large and, more particularly, to
the plaintiff herein, as a nursing and rehabilitation care facility duly qualified and capable of
rendering adequate nursing and rehabilitation care and treatment to the public at large and for
such purposes hired physicians, surgeons, radiologists, technicians, nurses, attendants and other
personnel.
"Hospital,"
50. Defendant itsagents, servants and/or employees operated, maintained,
managed, controlled and supervised the aforesaid hospital premises, which held itself out to the
public at large and, more particularly, to the plaintiff herein, as a hospital duly qualified and
capable of rendering adequate medical care and treatment to the public at large and for such
purposes hired physicians, surgeons, radiologists, technicians, nurses, attendants and other
personnel.
Health,"
51. Defendant "Sinai its agents, servants and/or employees operated,
maintained, managed, controlled and supervised the aforesaid hospital premises, which held
itself out to the public at large and, more particularly, to the plaintiff herein, as a hospital duly
qualified and capable of rendering adequate medical care and treatment to the public at large and
for such purposes hired physicians, surgeons, radiologists, technicians, nurses, attendants and
other personnel.
52. That, defendants, their agents, servants, physicians and/or employees rendered
medical care to plaintiff, Anisto Alves, in a negligent, reckless and careless manner not in
accordance and conformity with good and accepted medical practice and procedure.
53. That, defendants, their agents, servants, physicians and/or employees rendered
nursing and rehabilitation care to plaintiff, Anisto Alves, in a negligent, reckless and careless
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manner not in accordance and confonnity with good and accepted nursing and rehabilitation
practice and procedure.
54. Commencing continually prior to April 1, 2015 and thereafter, the defendant,
Facility,"
"Extended Care was negligent in the manner in which they treated the plaintiff and
committed medical malpractice.
55. Commencing continually prior to September 21, 2015 and thereafter, the
"Hospital"
defendant was negligent in the manner in which they treated the plaintiff and
committed medical malpractice.
56. Commencing continually prior to September 21, 2015 and thereafter, the
Health"
defendant "Sinai was negligent in the manner in which they treated the plaintiff and
committed medical malpractice.
57. Commencing continually prior to April 1, 2015 and thereafter, the defendants,
Doe,"
"John and/or Jane were negligent in the manner in which they treated the plaintiff and
committed medical malpractice.
58. Commencing continually prior to April 1, 2015 and thereafter, the defendants,
"Hurtado,"
was negligent in the manner in which she treated the plaintiff and committed medical
malpractice.
59. Commencing continually prior to April 1, 2015 and thereafter, the defendants,
"Rohatgi,"
was negligent in the manner in which she treated the plaintiff and committed medical
malpractice.
60. Commencing continually prior to April 1, 2015 and thereafter, the defendants,
"Arora,"
was negligent in the manner in which he treated the plaintiff and committed medical
malpractice.
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61. Commencing continually prior to April 1, 2015 and thereafter, the defendants,
"Nahata,"
was negligent in the manner in which he treated the plaintiff and committed medical
malpractice.
62. Commencing continually prior to April 1, 2015 and thereafter, the defendants,
"Rajesh,"
was negligent in the manner in which she treated the plaintiff and committed medical
malpractice.
63. Commencing continually prior to April 1, 2015 and thereafter, the defendants,
"Gupta,"
was negligent in the manner in which he treated the plaintiff and committed medical
malpractice.
64. Commencing continually prior to April 1, 2015 and thereafter, the defendants,
"Dimancescu,"
was negligent in the manner in which she treated the plaintiff and committed
medical malpractice.
65. Co
Preview
FILED: NEW YORK COUNTY CLERK 08/04/2022 12:24 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/04/2022 EXHIBIT A FILED: NEW YORK COUNTY CLERK 08/04/2022 12:24 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 87 RECEIVED INDEX NYSCEF: NO. 08/04/2022 151662/2018 (FILED : NEW YORK COUNTY CLERK 0 6/22 /2018 01: 35 PM) NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/22/2018 SUPREME COURT OF THE STATE OF NEW YORK Index No.: 151662/2018 COUNTY OF NEW YORK Date Purchased:2-23-2018 .- ---.----------Ç ________________-.._ _...... .............................---- ANISTO ALVES, Plaintiff designates New York County as Plaintiff, the place of trial. -against- The basis of the venue is a defendant's residence. PARK AVENUE OPERATING CO., LLC d/b/a PARK SUPPLEMENTAL AVENUE EXTENDED CARE FACILITY, SOUTH SUMMONS NASSAU COMMUNITIES HOSPITAL, MOUNT SINAI HEALTH SYSTEM, INC. and "JOHN AND/OR JANE DOE", as further described in the annexed complaint, Plaintiff resides at: HILLARY JOHN HURTADO, M.D., SHIP‰ALI 130 E. Market Street ROHATGI, M.D., ARUN ARORA, M.D., SURESH Long Beach, NY 11561 KUMAR NAHATA, M.D., RAJESH ROHATGI, M.D., SANDEEP GUPTA, M.D., MIHAI D. DIMANCESCU, M.D., JAMES A. GERMANO, II, M.D., IVAN MIKOLAENKO, M.D., HARAMANDEEP SINGH, M.D. and ANNE M. GLASER, M.D., Defendants. ........-...--..---.------_______ ______________ _.-...,.....-..--.-..---Ç TO THE ABOVE NAMED DEFENDANTS: You are summoned to answer the complaint in this action and to serve a copy of hereby your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York June 22, 2018 ) Antin, Ehrlich & Epstjad, LI Attorneys forPlaipdffs 37th 16 49 West 3 F OOr. New York, Þ•ew York J )018 (212) 221f5999 . By: / Scott Eps 1 of 2 FILED: NEW YORK COUNTY CLERK 08/04/2022 12:24 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 87 RECEIVEDINDEX NYSCEF: NO. 08/04/2022 151662/2018 [FILED: NEW YORK COUNTY CLERK 06/22/2018 01:35 PM) NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/22/2018 To: PARK AVENUE OPERATING CO., LLC SOUTH NASSAU COMMUNITIES d/b/aPARK AVENUE EXTENDED CARE HOSPITAL FACILITY c/o Secretary of State c/o Secretaryof State MOUNT SINAI HEALTH SYSTEM, INC. "JOHN AND/OR JANE DOE", address One Gustave L. Levy Place unknown at this time. New York, NY 10029 SHIPHALI ROHATGI SURESH KUMAR NAHATA 29 Hamilton Place Garden City, New York 11530 -or- 30 Merrick Avenue, Suite 105 SANDEEP GUPTA East Meadow, New York 11554 14 East Olive Street Long Beach, New York 11561 HILLARY JOHN HURTADO 235 EveritAvenue MIHAI D. DIMANCESCU, M.D Hewlett, New York 12157 356 West HillsRoad -or- Huntington, New York 11743 20th 228 Beach Street Far Rockaway, New York 11691 JAMES A. GERMANO, II,M.D. 16 Pine HillDrive ARUN ARORA Dix Hills,New York 11746 8 MillPond Lane Locust Valley,New York 11560 IVAN MIKOLAENKO, M.D. -or- 25 Neptune Boulevard, Apt. 6T 175th New York 7604 Street Long Beach, Flushing, New York 11366 ANNE M. GLASER, M.D. 2 2 of 2 FILED: NEW YORK COUNTY CLERK 08/04/2022 12:24 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 87 RECEIVEDINDEX NYSCEF: NO. 08/04/2022 151662/2018 (FILED : NEW YORK COUNTY CLERK O 6/22 /2018 01: 35 PM) NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/22/2018 SUPREME COURT OF THE STATE OF NEW YORK Index No.: 151662/2018 COUNTY OF NEW YORK ....................-,----.........................-------------,.....Ç ANISTO ALVES, AMENDED Plaintiff, COMPLAINT -against- PARK AVENUE OPERATING CO., LLC d /a PARK AVENUE EXTENDED CARE FACILITY, SOUTH NASSAU COMMUNITIES HOSPITAL, MOUNT SINAI HEALTH SYSTEM, INC. and "JOHN AND/OR JANE DOE", as further described in the annexed complaint, HILLARY JOHN HURTADO, M.D., SHIPHALI ROHATGI, M.D., ARUN ARORA, M.D., SURESH KUMAR NAHATA, M.D., RAJESH ROHATGI, M.D., SANDEEP GUPTA, M.D., MIHAI D. DIMANCESCU, M.D., JAMES A. GERMANO, II, M.D., IVAN MIKOLAENKO, M.D., HARAMANDEEP SINGH, M.D., and ANNE M. GLASER, M.D., Defendants. - ---.--------------------............-....--....Ç ......-...............- Plaintiff, complaining of the defendants herein by his attorneys, Antin, Ehrlich & Epstein, LLP, respectfully sets forth and alleges upon information and belief as follows: 1. That at the commencement of this action plaintiff was a resident of the State of New York, County of Nassau, residing at 130 E. Market Street, Long Beach, New York, 11561. 2. That at all times hereinafter mentioned, the defendant, PARK AVENUE OPERATING CO., LLC d/b/a PARK AVENUE EXTENDED CARE FACILITY (hereinafter referred to as "Extended Care Facility") was stilland is a nursing and rehabilitation care facility duly organized and existing under and by virtue of the laws of the State of New York. Facility," 3. That at all times hereinafter mentioned, the defendant, "Extended Care was stilland is a nursing and rehabilitation care facilityduly organized and existing under and by 3 1 of 18 FILED: NEW YORK COUNTY CLERK 08/04/2022 12:24 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 87 RECEIVEDINDEXNYSCEF: NO. 08/04/2022 151662/2018 FILED : NEW YORK COUNTY CLERK 0 6 /22 /2018 01 : 35 PM) NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/22/2018 virtue of the laws of the State of New York, located at 425 National Boulevard, Long Beach, NY 11561. Facility," 4. That at alltimes hereinafter mentioned, the defendant, "Extended Care was and is a domestic limited liability company duly organized and existing under and by virtue of the laws of the State of New York. Facility," 5. That at alltimes hereinafter mentioned, the defendant, "Extended Care was and is a domestic limited liability company located at 425 National Boulevard, Long Beach, NY 11561. Facility," 6. At all times hereinafter mentioned, the defendant, "Extended Care was vicariously and/or ostensibly liable for the acts and/or omissions of its employees, agents, Facility," servants and/or representatives of the defendant, "Extended Care including, but not Doe." limited to, the defendants, "John and/or Jane 7. That at all times hereinafter mentioned, the defendant, SOUTH NASSAU COMMUNITIES HOSPITAL (hereinafter referred to as "Hospital") was stilland is a hospital duly organized and existing under and by virtue of the laws of the State of New York. "Hospital," 8. That at all times hereinafter mentioned, the defendant, was stilland is a hospital duly organized and existing under and by virtue of the laws of the State of New York, located at One Healthy Way, Oceanside, NY 11572. "Hospital," 9. That at all times hereinafter mentioned, the defendant, was and is a domestic not-for-profit corporation duly organized and existing under and by virtue of the laws of the State of New York. "Hospital," 10. That at all times hereinafter mentioned, the defendant, was and is a domestic not-for-profit corporation located at One Healthy Way, Oceanside, NY 11572. 4 2 of 18 FILED: NEW YORK COUNTY CLERK 08/04/2022 12:24 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 87 RECEIVEDINDEX NYSCEF: NO. 08/04/2022 151662/2018 [FILED : NEW YORK COUNTY CLERK 0 6/22 /2 0 f8 O1 : 35 PM) NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/22/2018 "Hospital," 11. At all times hereinafter mentioned, the defendant, was vicariously and/or liable for the acts and/or omissions of its employees, agents, servants and/or ostensibly "Hospital." representatives of the defendant 12. That at all times hereinafter mentioned, the defendant, MOUNT SINAI HEALTH SYSTEM, INC. (hereinafter referred to as "Sinai Health") was still and is a hospital duly organized and existing under and by virtue of the laws of the State of New York. Health," 13. That at alltimes hereinafter mentioned, the defendant, "Sinai was and is a domestic not-for-profit corporation duly organized and existing under and by virtue of the laws of the State of New York. Health," 14. That at all times hereinaRer mentioned, the defendant, "Sinai its employees, agents, servants and/or representatives, owned a hospital located at One Healthy Way, Oceanside, NY 11572. Health," 15. That at all times hereinaher mentioned, the defendant, "Sinai its employees, agents, servants and/or representatives, operated a hospital located at One Healthy Way, Oceanside, NY 11572. Health," 16. That at all times hereinaRer mentioned, the defendant, "Sinai its employees, agents, servants and/or representatives, managed a hospital located at One Healthy Way, Oceanside, NY 11572. Health," 17. That at all times hereinafter mentioned, the defendant, "Sinai its employees, agents, servants and/or representatives, controlled a hospital located at One Healthy Way, Oceanside, NY 11572. Health," 18. That at all times hereinaRer mentioned, the defendant, "Sinai its employees, agents, servants and/or representatives, supervised a hospital located at One Healthy Way, Oceanside, NY 11572. 5 3 of 18 FILED: NEW YORK COUNTY CLERK 08/04/2022 12:24 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 87 RECEIVEDINDEX NYSCEF: NO. 08/04/2022 151662/2018 (FILED : NEW YORK COUNTY CLERK 0 6/22 /2 018 01: 35 PM) NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/22/2018 Health," 19. At all times hereinafter mentioned, the defendant, "Sinai was vicariously and/or ostensibly liable for the acts and/or omissions of its employees, agents, servants and/or Health." representatives of the defendant "Sinai DOE," 20. Defendants, "JOHN AND/OR JANE is/are each and all described as follows: a(an) individual, agent, servant and/or employee of the defendant, "Extended Care Facility," who commencing continuously prior to and including April 1, 2015 and thereafter, was a physician and/or physician's assistant and/or nurse and who was an agent, servant and/or Facility," employee of the defendant, "Extended Care and treated and/or assisted in the treatment of the plaintiff at the facility located at 425 National Boulevard, Long Beach, NY 11561, in the County of Nassau, State of New York, and/or at any of their other facilities, and, more specifically, from September 18, 2015 to September 21, 2015, in connection with the plaintiff's continuing/worsening complaints of right leg pain. 21. That the defendant, Hillary John Hurtado, M.D., (herein after referred to as "Hurtado") was, at all times hereinafter mentioned, a physician duly licensed to practice medicine in the State of New York. 22. That the defendant, Shiphali Rohatgi, M.D., (herein after referred to as "Rohatgi") was, at all times hereinafter mentioned, a physician duly licensed to practice medicine in the State of New York. 23. That the defendant, Arun Arora, M.D., (herein after referred to as "Arora") was, at all times hereinafter mentioned, a physician duly licensed to practice medicine in the State of New York. 24. That the defendant, Suresh Kumar Nahata, M.D., (herein after referred to as "Nahata") was, at all times hereinafter mentioned, a physician duly licensed to practice medicine in the State of New York. 6 4 of 18 FILED: NEW YORK COUNTY CLERK 08/04/2022 12:24 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 87 RECEIVED INDEX NYSCEF: NO. 08/04/2022 151662/2018 {FILED : NEW YORK COUNTY CLERK O 6 /22 4L18 01 : 35 PM| NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/22/2018 25. That the defendant, Rajesh Rohatgi, M.D., (herein after referred to as "Rajesh") was, at all times hereinafter mentioned, a physician duly licensed to practice medicine in the State of New York. 26. That the defendant, Sandeep Gupta, M.D., (herein after referred to as "Gupta") was, at all times hereinafter mentioned, a physician duly licensed to practice medicine in the State of New York. 27. That the defendant, Mihai D. Dimancescu, M.D., (herein after referred to as "Dimancescu") was, at all times hereinafter mentioned, a physician duly licensed to practice medicine in the State of New York. 28. That the defendant, James A. Germano, 11, M.D., (herein after referred to as "Germano") was, at all times hereinafter mentioned, a physician duly licensed to practice medicine in the State of New York. 29. That the defendant, Ivan Mikolaenko, M.D., (herein after referred to as "Mikolaenko") was, at all times hereinafter mentioned, a physician duly licensed to practice medicine in the State of New York. 30. That the defendant, Haramandeep Singh, M.D., (herein after referred to as "Singh") was, at all times hereinafter mentioned, a physician duly licensed to practice medicine in the State of New York. 31. That the defendant, Anne M. Glaser, M.D., (herein after referred to as "Glaser") was, at all times hereinafter mentioned, a physician duly licensed to practice medicine in the State of New York. 32. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto Alves, came under the medical, nursing and rehabilitation care and treatment of defendant Facility." "Extended Care 7 5 of 18 FILED: NEW YORK COUNTY CLERK 08/04/2022 12:24 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 87 RECEIVED INDEX NYSCEF: NO. 08/04/2022 151662/2018 (FILED : NEW YORK COUNTY CLERK 0 6/22 /2018 01: 35 PM| NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/22/2018 33. Commencing continually prior to September 21, 2015 and thereafter, plaintiff, "Hospital." Anisto Alves, came under the medical care and treatment of defendant 34. Commencing continually prior to September 21, 2015 and thereafter, plaintiff, Health." Anisto Alves, came under the medical care and treatment of defendant "Sinai 35. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto Alves, came under the medical, nursing and rehabilitation care and treatment of defendants Doe." "John or Jane 36. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto Alves, came under the medical, nursing and rehabilitation care and treatment of defendants "Hurtado" 37. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto Alves, came under the medical, nursing and rehabilitation care and treatment of defendants "Rohatgi" 38. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto Alves, came under the medical, nursing and rehabilitation care and treatment of defendants "Arora" 39. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto Alves, came under the medical, nursing and rehabilitation care and treatment of defendants "Nahata" 40. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto Alves, came under the medical, nursing and rehabilitation care and treatment of defendants "Rajesh" 8 6 of 18 FILED: NEW YORK COUNTY CLERK 08/04/2022 12:24 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 87 RECEIVEDINDEX NYSCEF: NO. 08/04/2022 151662/2018 (FILED: NEW YORK COUNTY CLERK 06/22/2018 01:35 PM) NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/22/2018 41. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto Alves, came under the medical, nursing and rehabilitation care and treatment of defendants "Gupta" 42. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto Alves, came under the medical, nursing and rehabilitation care and treatment of defendants "Dimancescu" 43. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto Alves, came under the medical, nursing and rehabilitation care and treatment of defendants "Germano" 44. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto Alves, came under the medical, nursing and rehabilitation care and treatment of defendants "Mikolaeko" 45. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto Alves, came under the medical, nursing and rehabilitation care and treatment of defendants "Singh" 46. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto Alves, came under the medical, nursing and rehabilitation care and treatment of defendants "Glaser" 47. Commencing continually prior to April 1, 2015 and thereafter, plaintiff, Anisto Alves, came under the medical, nursing and rehabilitation care and treatment of defendant "Extended Care Facility,"its employees, agents, servants, and/or representatives. 48. Commencing continually prior to September 21, 2015 and thereafter, plaintiff, "Hospital," Anisto Alves, came under the medical care and treatment of defendant, its employees, agents, servants, and/or representatives. 9 7 of 18 FILED: NEW YORK COUNTY CLERK 08/04/2022 12:24 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/04/2022 (FILED : NEW YORK COUNTY CLERK 0 6/22 /2018 01: 35 INDEX NO. 151662/2018 PM) NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/22/2018 Facility," 49. Defendant "Extended Care its agents, servants and/or employees operated, maintained, managed, controlled and supervised the aforesaid nursing and rehabilitation care premises, which held itself out to the public at large and, more particularly, to the plaintiff herein, as a nursing and rehabilitation care facility duly qualified and capable of rendering adequate nursing and rehabilitation care and treatment to the public at large and for such purposes hired physicians, surgeons, radiologists, technicians, nurses, attendants and other personnel. "Hospital," 50. Defendant itsagents, servants and/or employees operated, maintained, managed, controlled and supervised the aforesaid hospital premises, which held itself out to the public at large and, more particularly, to the plaintiff herein, as a hospital duly qualified and capable of rendering adequate medical care and treatment to the public at large and for such purposes hired physicians, surgeons, radiologists, technicians, nurses, attendants and other personnel. Health," 51. Defendant "Sinai its agents, servants and/or employees operated, maintained, managed, controlled and supervised the aforesaid hospital premises, which held itself out to the public at large and, more particularly, to the plaintiff herein, as a hospital duly qualified and capable of rendering adequate medical care and treatment to the public at large and for such purposes hired physicians, surgeons, radiologists, technicians, nurses, attendants and other personnel. 52. That, defendants, their agents, servants, physicians and/or employees rendered medical care to plaintiff, Anisto Alves, in a negligent, reckless and careless manner not in accordance and conformity with good and accepted medical practice and procedure. 53. That, defendants, their agents, servants, physicians and/or employees rendered nursing and rehabilitation care to plaintiff, Anisto Alves, in a negligent, reckless and careless 10 8 of 18 FILED: NEW YORK COUNTY CLERK 08/04/2022 12:24 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 87 RECEIVEDINDEX NYSCEF: NO. 08/04/2022 151662/2018 [FILED : NEW YORK COUNTY CLERK 0 6/22 /2018 01: 35 PM) NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/22/2018 manner not in accordance and confonnity with good and accepted nursing and rehabilitation practice and procedure. 54. Commencing continually prior to April 1, 2015 and thereafter, the defendant, Facility," "Extended Care was negligent in the manner in which they treated the plaintiff and committed medical malpractice. 55. Commencing continually prior to September 21, 2015 and thereafter, the "Hospital" defendant was negligent in the manner in which they treated the plaintiff and committed medical malpractice. 56. Commencing continually prior to September 21, 2015 and thereafter, the Health" defendant "Sinai was negligent in the manner in which they treated the plaintiff and committed medical malpractice. 57. Commencing continually prior to April 1, 2015 and thereafter, the defendants, Doe," "John and/or Jane were negligent in the manner in which they treated the plaintiff and committed medical malpractice. 58. Commencing continually prior to April 1, 2015 and thereafter, the defendants, "Hurtado," was negligent in the manner in which she treated the plaintiff and committed medical malpractice. 59. Commencing continually prior to April 1, 2015 and thereafter, the defendants, "Rohatgi," was negligent in the manner in which she treated the plaintiff and committed medical malpractice. 60. Commencing continually prior to April 1, 2015 and thereafter, the defendants, "Arora," was negligent in the manner in which he treated the plaintiff and committed medical malpractice. 11 9 of 18 FILED: NEW YORK COUNTY CLERK 08/04/2022 12:24 PM INDEX NO. 151662/2018 NYSCEF DOC. NO. 87 RECEIVED INDEX NYSCEF: NO. 08/04/2022 151662/2018 {FILED: NEW YORK COUNTY CLERK 06/22/2018 01:35 PM) NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/22/2018 61. Commencing continually prior to April 1, 2015 and thereafter, the defendants, "Nahata," was negligent in the manner in which he treated the plaintiff and committed medical malpractice. 62. Commencing continually prior to April 1, 2015 and thereafter, the defendants, "Rajesh," was negligent in the manner in which she treated the plaintiff and committed medical malpractice. 63. Commencing continually prior to April 1, 2015 and thereafter, the defendants, "Gupta," was negligent in the manner in which he treated the plaintiff and committed medical malpractice. 64. Commencing continually prior to April 1, 2015 and thereafter, the defendants, "Dimancescu," was negligent in the manner in which she treated the plaintiff and committed medical malpractice. 65. Co