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FILED: NASSAU COUNTY CLERK 10/24/2022 01:24 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 10/24/2022
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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Plaintiff, DINO BONAVITA (hereinafter “Mr. Bonavita” or “Plaintiff”), by and through his
attorneys, CAITLIN ROBIN AND ASSOCIATES PLLC, submits this Counterstatement of
Material Facts in response to Defendant, NORTH SHORE UNIVERSITY HOSPITAL’s
(hereinafter “Defendant” or “North Shore”) Statement of Material Facts furnished in support of
its summary judgment Motion, dated October 12, 2022. Plaintiff’s answers herein correspond to
the numbered paragraphs in Defendant’s statement.
1. Admit that this statement is accurate, however, Defendant’s page citations to the North
Shore chart do not correspond to the Bates stamped numbering in the document. What Defendant
refers to as Page 19 of the records, appears to reference what is Bates stamped as Page 50 and
Defendant has not re-numbered the document. Plaintiff hereinafter references the Bates stamped
numbering in Defendant’s Exhibit K.
2. Admit that this statement accurately reflects the intake triage notes in the North Shore Chart
(50).
3. Admit, however the referenced portion of the documents specifies “MD notified” (54).
4. Admit, however the referenced notes specifically states “There are no obvious foreign
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bodies” (58-59).
5. Admit (59).
6. Admit that this statement accurately reflects the referenced orders, however it is unclear if
these notes were entered by NP Jang or Attending Physician Philipp Underwood. Dr.
Underwood’s notes state “I reviewed the resident’s note and agree with the documented findings
and plan of care,” indicating that Mr. Bonavita was also evaluated by a resident physician during
intake (61).
7. Admit (37).
8. Admit that this statement accurately reflects the referenced portions of Dr. Sayeed’s
testimony.
9. Admit (39).
10. Admit, however the first sentence of the paragraph in the referenced portion of the medical
records states in full: “Discussions were had with the patient regarding the nature of his injury, the
need for exploration of his wounds and repair if able in the emergency room, otherwise the patient
would require surgical intervention” (40).
11. Deny, the referenced statement from Dr. Sayeed’s testimony does not specify the manner
in which foreign bodies are identified exclusively in his practice. Dr Sayeed’s testimony is that
“[f]oreign bodies are identified by palpation or visualization and, also, the use of X-rays. He had
x-rays done in the emergency room which showed no foreign bodies. And there was nothing that
I felt within the wound and nothing that was visualized within the wound” (15).
12. Deny. Mr. Bonavita was not exclusively under the care of Dr. Syeed at this point. The
referenced initial surgical procedure was entirely performed at North Shore (42).
13. Admit that this statement accurately reflects the referenced portion of the records (40).
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14. Admit that this statement accurately reflects the referenced patient discharge instructions,
with the addition that Dr. Philip Underwood is listed as Mr. Bonavita’s primary caregiver, and the
“Primary Follow-up” address listed is Dr. Sayeed at Long Island Jewish medical Center, Glen
Cove Hospital.
ADDITIONAL RELEVANT FACTS
15. On July 21, 2017, the date that Mr. Bonavita presented to North Shore Hospital Manhasset
with injuries to his right hand, Defendant Dr. Sayed Mujahid Sayeed was on call for plastic surgery
and hand surgery in the emergency department (Dep. 10).
16. Dr. Sayeed testified that he is one of only four or five surgeons at North Shore who is on
call for replant surgery, which he explained is reattachment of amputated fingers. Dr. Sayeed was
on call for replant surgery one week a month, during which he would devote around three days of
hand surgery call and three days of plastic surgery. His schedule was determined by an official at
North Shore, who he believed was the chief of the division (18).
17. Dr. Sayeed was frequently at North Shore Manhasset and handled a “large number” of
cases there. According to Dr. Sayeed, in 2017, the majority of the procedures he performed were
at North Shore University Hospital at Manhasset and Long Island Jewish Medical Center, both of
which were under the purview of Northwell Health (19).
18. Dr. Sayeed had an ER resident from North Shore take photographs during Mr. Bonavita’s
hand surgery performed on July 21, 2017 at North Shore Manhasset (25, 34) According to Dr.
Sayeed, these photographs depicted the transected extensor tendon in Mr. Bonavita’s hand prior
to the procedure and supposedly repair of the extensor tendon, post-operatively.
19. Defendant Dr. Sayeed moved for summary judgment on August 29, 2022. Plaintiff
submitted an Affirmation in Opposition to Dr. Sayeed’s motion on October 10, 2022. Defendant
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North Shore University Hospital submitted no reply papers to Dr. Sayeed’s motion.
20. Defendant North Shore University Hospital presently moves for summary judgment
seeking dismissal of the Complaint, with prejudice.
Dated: October 24, 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
mark@robinandassociates.com
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FILED: NASSAU COUNTY CLERK 10/24/2022 01:24 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 10/24/2022 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 Plaintiff, DINO BONAVITA (hereinafter “Mr. Bonavita” or “Plaintiff”), by and through his attorneys, CAITLIN ROBIN AND ASSOCIATES PLLC, submits this Counterstatement of Material Facts in response to Defendant, NORTH SHORE UNIVERSITY HOSPITAL’s (hereinafter “Defendant” or “North Shore”) Statement of Material Facts furnished in support of its summary judgment Motion, dated October 12, 2022. Plaintiff’s answers herein correspond to the numbered paragraphs in Defendant’s statement. 1. Admit that this statement is accurate, however, Defendant’s page citations to the North Shore chart do not correspond to the Bates stamped numbering in the document. What Defendant refers to as Page 19 of the records, appears to reference what is Bates stamped as Page 50 and Defendant has not re-numbered the document. Plaintiff hereinafter references the Bates stamped numbering in Defendant’s Exhibit K. 2. Admit that this statement accurately reflects the intake triage notes in the North Shore Chart (50). 3. Admit, however the referenced portion of the documents specifies “MD notified” (54). 4. Admit, however the referenced notes specifically states “There are no obvious foreign 1 of 4 FILED: NASSAU COUNTY CLERK 10/24/2022 01:24 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 10/24/2022 bodies” (58-59). 5. Admit (59). 6. Admit that this statement accurately reflects the referenced orders, however it is unclear if these notes were entered by NP Jang or Attending Physician Philipp Underwood. Dr. Underwood’s notes state “I reviewed the resident’s note and agree with the documented findings and plan of care,” indicating that Mr. Bonavita was also evaluated by a resident physician during intake (61). 7. Admit (37). 8. Admit that this statement accurately reflects the referenced portions of Dr. Sayeed’s testimony. 9. Admit (39). 10. Admit, however the first sentence of the paragraph in the referenced portion of the medical records states in full: “Discussions were had with the patient regarding the nature of his injury, the need for exploration of his wounds and repair if able in the emergency room, otherwise the patient would require surgical intervention” (40). 11. Deny, the referenced statement from Dr. Sayeed’s testimony does not specify the manner in which foreign bodies are identified exclusively in his practice. Dr Sayeed’s testimony is that “[f]oreign bodies are identified by palpation or visualization and, also, the use of X-rays. He had x-rays done in the emergency room which showed no foreign bodies. And there was nothing that I felt within the wound and nothing that was visualized within the wound” (15). 12. Deny. Mr. Bonavita was not exclusively under the care of Dr. Syeed at this point. The referenced initial surgical procedure was entirely performed at North Shore (42). 13. Admit that this statement accurately reflects the referenced portion of the records (40). 2 2 of 4 FILED: NASSAU COUNTY CLERK 10/24/2022 01:24 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 10/24/2022 14. Admit that this statement accurately reflects the referenced patient discharge instructions, with the addition that Dr. Philip Underwood is listed as Mr. Bonavita’s primary caregiver, and the “Primary Follow-up” address listed is Dr. Sayeed at Long Island Jewish medical Center, Glen Cove Hospital. ADDITIONAL RELEVANT FACTS 15. On July 21, 2017, the date that Mr. Bonavita presented to North Shore Hospital Manhasset with injuries to his right hand, Defendant Dr. Sayed Mujahid Sayeed was on call for plastic surgery and hand surgery in the emergency department (Dep. 10). 16. Dr. Sayeed testified that he is one of only four or five surgeons at North Shore who is on call for replant surgery, which he explained is reattachment of amputated fingers. Dr. Sayeed was on call for replant surgery one week a month, during which he would devote around three days of hand surgery call and three days of plastic surgery. His schedule was determined by an official at North Shore, who he believed was the chief of the division (18). 17. Dr. Sayeed was frequently at North Shore Manhasset and handled a “large number” of cases there. According to Dr. Sayeed, in 2017, the majority of the procedures he performed were at North Shore University Hospital at Manhasset and Long Island Jewish Medical Center, both of which were under the purview of Northwell Health (19). 18. Dr. Sayeed had an ER resident from North Shore take photographs during Mr. Bonavita’s hand surgery performed on July 21, 2017 at North Shore Manhasset (25, 34) According to Dr. Sayeed, these photographs depicted the transected extensor tendon in Mr. Bonavita’s hand prior to the procedure and supposedly repair of the extensor tendon, post-operatively. 19. Defendant Dr. Sayeed moved for summary judgment on August 29, 2022. Plaintiff submitted an Affirmation in Opposition to Dr. Sayeed’s motion on October 10, 2022. Defendant 3 3 of 4 FILED: NASSAU COUNTY CLERK 10/24/2022 01:24 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 128 RECEIVED NYSCEF: 10/24/2022 North Shore University Hospital submitted no reply papers to Dr. Sayeed’s motion. 20. Defendant North Shore University Hospital presently moves for summary judgment seeking dismissal of the Complaint, with prejudice. Dated: October 24, 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 mark@robinandassociates.com 4 4 of 4