Preview
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 02/22/2021
EXHIBIT B
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 115 RECEIVEDINDEX NYSCEF:
NO.
02/22/2021
508009/2013
FILED : KINGS COUNTY CLERK 01/31/ 2014|
NYSCEF DOC. NO, 12 RECEIVED NYSCEF: 01/31/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
,-..--- --- --------------x
NATHANIEL GRAYTON, an Infant, by his mother and
natural guardian, SHERRI SKIDMORE,
Plaintiff(s),
VERIFIED ANSWER
-against-
Index No,: 508009/13
VASUDHA VISWANATHAN, M.D., CALIXTO
CAZANO, M.D., RAJENDRA BHAYANI, M.D.,
FERNANDO GINEBRA, M.D., SONY LOISEAU, M.D.,
and WYCKOFF HEIGHTS MEDICAL CENTER,
Defendant(s).
.--------=.------------ ----x
The defendant, RAJENDRA BHAYANI, M.D., by his attorneys, LAW OFFICES OF
SANTANGELO, BENVENUTO & SLATTERY, answering the complaint ofthe plaintiff(s),upon
infortnation and belief, respectfully shows to this Court and alleges:
ANSWERING THE FIRST CAUSF, OF ACTION:
1. Denies any knGwledge or information sufficient to form a belief as to the truthof the
allegations contained in paragraphs "1", "2", "3", "4", "7", "8", "9", "10", "11", "12", "13", "14",
"18" "19" plaintiff(s)'
"15", "17", and of the complaint.
2, Denies any·knowledge or information sufficient to form a belief as to the truth of the
"5" plaintiff(s)'
allegations contained in paragraph of the complaint in the form alleged, except
admits that defendant RAJENDRA BHAYANI, M.D. was and is a physician duly licensed to
practice medicine in the State of New York,
3. Denies knowledge and Information sufficient to form a belief as to the truth of the
"6" "I6" plaintiff(s)'
allegatioñs contained in paragraphs and of the complaint in the form alleged,
except begs leave to refer allquestions of fact to trier of fact and allquestions of law to the Court,
h
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 02/22/2021
"20" plaintiff(s)'
4, Denies each and every allegation contained in paragraph of the
complaint in the form alleged. . .
"23" "24"
5, Denies each and every allegation contained in paragraphs "21", "22", and
plaintiff(8)'
of the complaint,
ANSWERING TEIE SECOND CA_ILSE OF ACTION: .
"25" plaintiff(s)'
6, Answering paragraph of the complaint, the answering defendant
repeats, reiterates and realleges each and every denial heretofore made in regard to each and every
plaintiff(s)' "1" "24"
paragraph contained in the complaint, designated as paragraphs through
inclusive, with the same force and effect as ifmore fully set forth at length herein,
"26" "27"
7, Denies each and every allegation contained in paragraph and of the
. ...
plaintiff(s)'
complaint in the form alleged,
"29" "30"
8, Denies each and every allegation contained in paragraphs "28", and of the
plaintiff(s)'
complaint,
ANSWERING THE THIRD CAUSE OF ACTION:
"31" plaintiff(s)'
9, Answering paragraph of the cõmpkint, the answering defêñdant
repeats, reiterates and realleges each and every denial heretofore made in regard to each and
plaintiff(s)' "1"
every paragraph contained in the complaint, designated as paragraphs through
"30"
inclusive, with the same force and effect as ifmore fully set forth at length herein.
"33" "34"
10, Denies each and every allegation contained in paragraphs "32", and of
plaintiff(s)'
the complaint in the form alleged.
"35" plaintiff(s)'
11. Denies each and every allegation contained in paragraph of the
complaint.
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 02/22/2021
AS AND FOR A FIRST DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
12. The alleged causes of action set forth in the complaint did not accrue within the
applicable statutory period preceding the commeñeement of said actions, and said actions are
barred by the statute of limitations,
AS AND FOR A SECOND DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
13. In the event plaintiffs recover a verdict or judgement against defendants, such
verdict or judgment must be reduced pursuant to §4545 of the CPLR by those amounts which
have been, or will, with icasonable certainty replace or indemnify plaintiffs in whole or in part,
for any past or future claimed economic loss, from any collateral source,
AS AND FOR A THIRD DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
14. That the answering defendâñt(s) reserve(s) the right to claim the limitations of
pursuant to Article 16 of the for herein the plaintiff for non-
liability CPLR, any recovery by
econornic loss.
AS AND FOR A FOURTH DEFENSE, . .
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
..
15, The defendant asserts the defense of set-off to reduce the plaintiff's claims under
§l5-108 of the General Obligations Law.
AS AND FOR A FIFTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF1
16, If the plaintiff was caused to sustain personal injuries and resulting damages at the
time and place set forth in the plaintiff's complaiñt and in the nmññer alleged therein through any
carelessness, recldessness, acts, omissions, negligence and/or breaches of duty and/or warranty
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 02/22/2021
and/or contract other than of the plaintiff then the said injuries and dmrmges arose out of the
several. and joint carelessness, recldessness, acts, omissions, negligence and breaches of duty
upon·
and/or obligetion and/or statute, and/or warranty, and/or contract in fact or implied in law,
the part of non-parties subject to in-personatn jurisdiction, and ifthis pleading defendant is formd
negligent as to the plaintiff for the injuries and damages set forth in the plaintiff's complaint,
then and in that event, the relative responsibilities of said pleading defendant must be
apportioned by the percentage of liability of said non-parties subject to in-pemonam jurisdiction,
AS AND FOR A SIXTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF;
. 17, If plaintiff is entitled to recover damages for loss of earnings or impairment of
earning ability as against defendant RAJFNDRA BHAYANI, M.D. by reason of the matters
alleged in the Cornplaint, liabilityfor which is hereby denied, then pursuant to CPLR §4546 the
amount of damages recoverable against said defendant, if any, shall be reduced by the amount of
federal, state ind local income taxes which the plaintiff would have been obligated by law to pay.
AS AND FOR A SEVENTH DEFENSE,
THIS ANSWERING DEFEND ANT ALIgEGES UPON INF ORMATION AND BELIF,F:
18, That any injuries sustained by plaintiff(s) at the time and place mentioned in the
complaint were caused solely and wholly by reason of the carelessñêss, negligence, recldessness
and acts or omissions on the part of the plaintiff and were not cà used or contri.buted to by reaseil
of any carelcssñess, negligence, recklessness or acts or omissions on the part of this answering
defendant.
AS AND FOR A EIGHTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF;
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 02/22/2021
19. That the defendant acted in accordance with the appropriate provisions of Section
2805.-d of the.Public Hpalth Law and relies on the defenses set out therein. . ..
AS AND FOR A NINTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGEEUPON INFORMATION AND BELIEF:
20. . Defendant, RAJENDI$A STIAVANI, M.D., was not properly served with a
summons and complaint; therefore, the court lacks personal jurisdiction over defendant,
RAJENDRA BHAYANI, M.D.
AS AND FOR A TENTH DEFENSE,
HL1ANS__WE-RING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
21, The plaintiff(s) as set forth in the caption lack(s) the legal capacity to commence
this action. Therefore the complaint should be dismissed.
. *' -‡· ..
AS AND FOR A ELEVENTH DEFENSE,
11Jg8 ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIFA
22. The plaintiffs complaint failsto state a cause of action as agaiñst this answeriñg
defendant upon which reliefcan be granted.
WHEREFORE, the defendant, RAJENDRA BHAYANI, M.D., demands
plaintiff(s)'
judgment dismissing the complaint with the costs and disbursemcats of this action.
Dated: Roslyn, New York
January 30, 2014
Yours, eto.,
LAW OFFICES OF SANTANGELO,
u . . .
BENVENUTO & SLATTERY
Attorneys for Defendant
fBNDRA BHAYANI, M.D.
. .1800 Ndrtliern Boulevard
Roslyn, New York 11576
. 516-775-2236
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 02/22/2021
TO: LEVINE & GROSSMAN
Attorneys for Plaintiffs
114 Old Country Road
Mineola, New York 11501 ..
516-248-7575
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 02/22/2021
ATTORNEY'S VERIFICATION
CAITLYN E. VETTER, ESQ. an attorney duly admitted and licensed to practice in the
courts of this State affnins the following pursuant to CPLR 2106:
I am the attorney for the defendant, RAJENDRA BHAYANI, M.D., herein; and I have
read the foregoing answer and know the contents thereof; that the same is true to my own
knowledge except as to the matters therein stated to be alleged upon information and belief, and
that as to those rnatters, I believe them to be true.
That the reason this verification is made by your affirmant and not by the defendant
personally is,that the defendant is not within the county where your affirmant has an office.
That the sources of your affirmant's information and the grounds of his/her belief as to the
matters so alleged herein are investigations had by the defendant, his/her agents, servants and
representatives into the subject matter hereof and correspondence relating thereto, reports of
which investigations and copies of which correspondence are in the possession of your affirmant,
Dated: Roslyn, New York
January 30, 2014
CAITLYN E. VETTER, ESQ.
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 02/22/2021
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) 8,s,: .
COUNTY OF NASSAU )
Ann A. Gomez, being duly aworn, deposes and says:
I am not a party to the within action, atn over 18 years of age and reside in New Hyde
Park, New York.
On January 30, 2014, deponent served the within VERIFIED ANSWER, DEMAND
FOR AUTHORIZATIONS, DEMAND FOR VERIFIED BILL OF PARTICULARS,
COMBINED DEMANDS, NOTICE OF DISCOVERY AND INSPECTION, DEMAND
FOR TOTAL DAMAGES, NOTICE TO TAKE DEPOSITION UPON ORAL
EXAMINATION, EXPERT WITNESS DEMAND, DEMAND FOR ECONOMIC
EXPERT, NOTICE REGARDING SERVICE, DEMAND FOR PARTIES AND
ATTORNEYS, DEMAND FOR DISCLOSURE OF MEDICARE/MEDICAID LIEN
INFORMATION and DEMAND FOR TRIAL AUTHORIZATIONSupon the following
party by depositing a true copy of sarne in a post-paid properly addressed wrapper, in an official
depository under the exclusive care and custody of the United States Postal Service within the
State ofNew York.
TO: LEVINE & GROSSMAN
. Attorneys for Plaintiffs
114 Old Country Road
Mineola, New York 11501
516-248-7575
O
Storn to before me this
30t,da of January, '2014
.
O AR. ÛÉLIC
NANCY 0. VTERN d
YOd .
PUsitC-STATE OF NEW
NOVARY
No. 01WE 5 05Wi
holrr,d M ac-n
Commisefon
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 02/22/2021
SUPREME . .
: COURT KINOS 508009/13
STATE. OF NEW·YORK,.COUNTY OF . Index No. Year 20
NATHANIEL GRAYTON, an Infant, by his mother and natural guardian, SHERRI SKIDMORE,
Plaintiff(s),
against-
VASUDHA VISWANATHAN, M.D., CAL1XTO CAZANO, M.D., RAJENDRA BHAYANI, M.D.,
FBRNANDO GINEBRA, M.D., SONY LOISEAU, M.D., and WYCKOFF HEIGHTS MEDICAL
CENTER,
Defendant(s).
VERLFIEDANSWER,DBMAND FORAUTHORIZATIONS,DEMAND FORVBRIFIEDBILL OF PARTICULARS,COMBINEDDBMANDS,NOTTCBOF
DISCOVERYAND INSPECTION,DEMAND FORTOTAL DAMAGES,NOTICETO TAKE DEPOSrnONUPONORAL HXAMINATION,EXPERTWITNESS
DBMAND, DBMAND FOR BCONOMICEXPERT,NOTICBREGARDINGSERVICE,DEMAND FORPARTIESAND ATTORNEYS,DEMANDFOR
DIMOSUFE OFMEDICARF/MEDICAIDLIEN INFORMATIONAND DEMANDFORTRIAL AUTHORIZATIONS
LAW OFFICES OF CAITL E. VETTER, ESQ.
SANTANGELO, BENVENUTO & SLATTERY
Attorney(s)for
Defendant RAJBNDRA BHAYANI,
Office and Post Office Address, TelephòneM.D.
1800 NORTHERN BOULEVARD
ROSLYN, NEW YORK 11576
(516) 775-2 236
Service of a copy of the within
To ishereby admitted
Dated:.................................20........
Attorney(s) for
:
PLEASE TAKE NOTICE:
O No-UcJiLQEJiiNTIDf .
that the within is a (certified)true copy of a
enterered in the office of the clerk of the within named court on 20
duly
O NOTICE OF SETTLEMENT
thatan order of of which the within is a true copy
will be presented for settlement to the HON, one of the judges of the
within named Court, at
on 20 at M.
Dated,
Yours, etc.
Preview
FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 02/22/2021 EXHIBIT B FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 115 RECEIVEDINDEX NYSCEF: NO. 02/22/2021 508009/2013 FILED : KINGS COUNTY CLERK 01/31/ 2014| NYSCEF DOC. NO, 12 RECEIVED NYSCEF: 01/31/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ,-..--- --- --------------x NATHANIEL GRAYTON, an Infant, by his mother and natural guardian, SHERRI SKIDMORE, Plaintiff(s), VERIFIED ANSWER -against- Index No,: 508009/13 VASUDHA VISWANATHAN, M.D., CALIXTO CAZANO, M.D., RAJENDRA BHAYANI, M.D., FERNANDO GINEBRA, M.D., SONY LOISEAU, M.D., and WYCKOFF HEIGHTS MEDICAL CENTER, Defendant(s). .--------=.------------ ----x The defendant, RAJENDRA BHAYANI, M.D., by his attorneys, LAW OFFICES OF SANTANGELO, BENVENUTO & SLATTERY, answering the complaint ofthe plaintiff(s),upon infortnation and belief, respectfully shows to this Court and alleges: ANSWERING THE FIRST CAUSF, OF ACTION: 1. Denies any knGwledge or information sufficient to form a belief as to the truthof the allegations contained in paragraphs "1", "2", "3", "4", "7", "8", "9", "10", "11", "12", "13", "14", "18" "19" plaintiff(s)' "15", "17", and of the complaint. 2, Denies any·knowledge or information sufficient to form a belief as to the truth of the "5" plaintiff(s)' allegations contained in paragraph of the complaint in the form alleged, except admits that defendant RAJENDRA BHAYANI, M.D. was and is a physician duly licensed to practice medicine in the State of New York, 3. Denies knowledge and Information sufficient to form a belief as to the truth of the "6" "I6" plaintiff(s)' allegatioñs contained in paragraphs and of the complaint in the form alleged, except begs leave to refer allquestions of fact to trier of fact and allquestions of law to the Court, h FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 02/22/2021 "20" plaintiff(s)' 4, Denies each and every allegation contained in paragraph of the complaint in the form alleged. . . "23" "24" 5, Denies each and every allegation contained in paragraphs "21", "22", and plaintiff(8)' of the complaint, ANSWERING TEIE SECOND CA_ILSE OF ACTION: . "25" plaintiff(s)' 6, Answering paragraph of the complaint, the answering defendant repeats, reiterates and realleges each and every denial heretofore made in regard to each and every plaintiff(s)' "1" "24" paragraph contained in the complaint, designated as paragraphs through inclusive, with the same force and effect as ifmore fully set forth at length herein, "26" "27" 7, Denies each and every allegation contained in paragraph and of the . ... plaintiff(s)' complaint in the form alleged, "29" "30" 8, Denies each and every allegation contained in paragraphs "28", and of the plaintiff(s)' complaint, ANSWERING THE THIRD CAUSE OF ACTION: "31" plaintiff(s)' 9, Answering paragraph of the cõmpkint, the answering defêñdant repeats, reiterates and realleges each and every denial heretofore made in regard to each and plaintiff(s)' "1" every paragraph contained in the complaint, designated as paragraphs through "30" inclusive, with the same force and effect as ifmore fully set forth at length herein. "33" "34" 10, Denies each and every allegation contained in paragraphs "32", and of plaintiff(s)' the complaint in the form alleged. "35" plaintiff(s)' 11. Denies each and every allegation contained in paragraph of the complaint. FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 02/22/2021 AS AND FOR A FIRST DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 12. The alleged causes of action set forth in the complaint did not accrue within the applicable statutory period preceding the commeñeement of said actions, and said actions are barred by the statute of limitations, AS AND FOR A SECOND DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 13. In the event plaintiffs recover a verdict or judgement against defendants, such verdict or judgment must be reduced pursuant to §4545 of the CPLR by those amounts which have been, or will, with icasonable certainty replace or indemnify plaintiffs in whole or in part, for any past or future claimed economic loss, from any collateral source, AS AND FOR A THIRD DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 14. That the answering defendâñt(s) reserve(s) the right to claim the limitations of pursuant to Article 16 of the for herein the plaintiff for non- liability CPLR, any recovery by econornic loss. AS AND FOR A FOURTH DEFENSE, . . THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: .. 15, The defendant asserts the defense of set-off to reduce the plaintiff's claims under §l5-108 of the General Obligations Law. AS AND FOR A FIFTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF1 16, If the plaintiff was caused to sustain personal injuries and resulting damages at the time and place set forth in the plaintiff's complaiñt and in the nmññer alleged therein through any carelessness, recldessness, acts, omissions, negligence and/or breaches of duty and/or warranty FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 02/22/2021 and/or contract other than of the plaintiff then the said injuries and dmrmges arose out of the several. and joint carelessness, recldessness, acts, omissions, negligence and breaches of duty upon· and/or obligetion and/or statute, and/or warranty, and/or contract in fact or implied in law, the part of non-parties subject to in-personatn jurisdiction, and ifthis pleading defendant is formd negligent as to the plaintiff for the injuries and damages set forth in the plaintiff's complaint, then and in that event, the relative responsibilities of said pleading defendant must be apportioned by the percentage of liability of said non-parties subject to in-pemonam jurisdiction, AS AND FOR A SIXTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF; . 17, If plaintiff is entitled to recover damages for loss of earnings or impairment of earning ability as against defendant RAJFNDRA BHAYANI, M.D. by reason of the matters alleged in the Cornplaint, liabilityfor which is hereby denied, then pursuant to CPLR §4546 the amount of damages recoverable against said defendant, if any, shall be reduced by the amount of federal, state ind local income taxes which the plaintiff would have been obligated by law to pay. AS AND FOR A SEVENTH DEFENSE, THIS ANSWERING DEFEND ANT ALIgEGES UPON INF ORMATION AND BELIF,F: 18, That any injuries sustained by plaintiff(s) at the time and place mentioned in the complaint were caused solely and wholly by reason of the carelessñêss, negligence, recldessness and acts or omissions on the part of the plaintiff and were not cà used or contri.buted to by reaseil of any carelcssñess, negligence, recklessness or acts or omissions on the part of this answering defendant. AS AND FOR A EIGHTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF; FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 02/22/2021 19. That the defendant acted in accordance with the appropriate provisions of Section 2805.-d of the.Public Hpalth Law and relies on the defenses set out therein. . .. AS AND FOR A NINTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGEEUPON INFORMATION AND BELIEF: 20. . Defendant, RAJENDI$A STIAVANI, M.D., was not properly served with a summons and complaint; therefore, the court lacks personal jurisdiction over defendant, RAJENDRA BHAYANI, M.D. AS AND FOR A TENTH DEFENSE, HL1ANS__WE-RING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 21, The plaintiff(s) as set forth in the caption lack(s) the legal capacity to commence this action. Therefore the complaint should be dismissed. . *' -‡· .. AS AND FOR A ELEVENTH DEFENSE, 11Jg8 ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIFA 22. The plaintiffs complaint failsto state a cause of action as agaiñst this answeriñg defendant upon which reliefcan be granted. WHEREFORE, the defendant, RAJENDRA BHAYANI, M.D., demands plaintiff(s)' judgment dismissing the complaint with the costs and disbursemcats of this action. Dated: Roslyn, New York January 30, 2014 Yours, eto., LAW OFFICES OF SANTANGELO, u . . . BENVENUTO & SLATTERY Attorneys for Defendant fBNDRA BHAYANI, M.D. . .1800 Ndrtliern Boulevard Roslyn, New York 11576 . 516-775-2236 FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 02/22/2021 TO: LEVINE & GROSSMAN Attorneys for Plaintiffs 114 Old Country Road Mineola, New York 11501 .. 516-248-7575 FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 02/22/2021 ATTORNEY'S VERIFICATION CAITLYN E. VETTER, ESQ. an attorney duly admitted and licensed to practice in the courts of this State affnins the following pursuant to CPLR 2106: I am the attorney for the defendant, RAJENDRA BHAYANI, M.D., herein; and I have read the foregoing answer and know the contents thereof; that the same is true to my own knowledge except as to the matters therein stated to be alleged upon information and belief, and that as to those rnatters, I believe them to be true. That the reason this verification is made by your affirmant and not by the defendant personally is,that the defendant is not within the county where your affirmant has an office. That the sources of your affirmant's information and the grounds of his/her belief as to the matters so alleged herein are investigations had by the defendant, his/her agents, servants and representatives into the subject matter hereof and correspondence relating thereto, reports of which investigations and copies of which correspondence are in the possession of your affirmant, Dated: Roslyn, New York January 30, 2014 CAITLYN E. VETTER, ESQ. FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 02/22/2021 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) 8,s,: . COUNTY OF NASSAU ) Ann A. Gomez, being duly aworn, deposes and says: I am not a party to the within action, atn over 18 years of age and reside in New Hyde Park, New York. On January 30, 2014, deponent served the within VERIFIED ANSWER, DEMAND FOR AUTHORIZATIONS, DEMAND FOR VERIFIED BILL OF PARTICULARS, COMBINED DEMANDS, NOTICE OF DISCOVERY AND INSPECTION, DEMAND FOR TOTAL DAMAGES, NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION, EXPERT WITNESS DEMAND, DEMAND FOR ECONOMIC EXPERT, NOTICE REGARDING SERVICE, DEMAND FOR PARTIES AND ATTORNEYS, DEMAND FOR DISCLOSURE OF MEDICARE/MEDICAID LIEN INFORMATION and DEMAND FOR TRIAL AUTHORIZATIONSupon the following party by depositing a true copy of sarne in a post-paid properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within the State ofNew York. TO: LEVINE & GROSSMAN . Attorneys for Plaintiffs 114 Old Country Road Mineola, New York 11501 516-248-7575 O Storn to before me this 30t,da of January, '2014 . O AR. ÛÉLIC NANCY 0. VTERN d YOd . PUsitC-STATE OF NEW NOVARY No. 01WE 5 05Wi holrr,d M ac-n Commisefon FILED: KINGS COUNTY CLERK 02/22/2021 04:47 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 115 RECEIVED NYSCEF: 02/22/2021 SUPREME . . : COURT KINOS 508009/13 STATE. OF NEW·YORK,.COUNTY OF . Index No. Year 20 NATHANIEL GRAYTON, an Infant, by his mother and natural guardian, SHERRI SKIDMORE, Plaintiff(s), against- VASUDHA VISWANATHAN, M.D., CAL1XTO CAZANO, M.D., RAJENDRA BHAYANI, M.D., FBRNANDO GINEBRA, M.D., SONY LOISEAU, M.D., and WYCKOFF HEIGHTS MEDICAL CENTER, Defendant(s). VERLFIEDANSWER,DBMAND FORAUTHORIZATIONS,DEMAND FORVBRIFIEDBILL OF PARTICULARS,COMBINEDDBMANDS,NOTTCBOF DISCOVERYAND INSPECTION,DEMAND FORTOTAL DAMAGES,NOTICETO TAKE DEPOSrnONUPONORAL HXAMINATION,EXPERTWITNESS DBMAND, DBMAND FOR BCONOMICEXPERT,NOTICBREGARDINGSERVICE,DEMAND FORPARTIESAND ATTORNEYS,DEMANDFOR DIMOSUFE OFMEDICARF/MEDICAIDLIEN INFORMATIONAND DEMANDFORTRIAL AUTHORIZATIONS LAW OFFICES OF CAITL E. VETTER, ESQ. SANTANGELO, BENVENUTO & SLATTERY Attorney(s)for Defendant RAJBNDRA BHAYANI, Office and Post Office Address, TelephòneM.D. 1800 NORTHERN BOULEVARD ROSLYN, NEW YORK 11576 (516) 775-2 236 Service of a copy of the within To ishereby admitted Dated:.................................20........ Attorney(s) for : PLEASE TAKE NOTICE: O No-UcJiLQEJiiNTIDf . that the within is a (certified)true copy of a enterered in the office of the clerk of the within named court on 20 duly O NOTICE OF SETTLEMENT thatan order of of which the within is a true copy will be presented for settlement to the HON, one of the judges of the within named Court, at on 20 at M. Dated, Yours, etc.