Preview
FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021
Exhibit “A”
FILED: KINGS COUNTY CLERK 12/17/2013
08/24/2021 04:57 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 1
143 RECEIVED NYSCEF: 12/17/2013
08/24/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------------x Index No.
NATHANIEL GRA YTON, an Infant, by his mother and Date purchased:
natural guardian, SHERRI SKIDMORE, Plaintiff designates
KINGS COUNTY
Plaintiff, as the place of trial.
-against- The basis of the venue is
Defendants' place of
VASUDHA VISWANATHAN, M.D., CALIXTO Business
CAZANO, M.D., RAJENDRA BHAYANI, M.D.,
FERNANDO GINEBRA, M.D., SONY LOISEAU, M.D., SUMMONS
and WYCKOFF HEIGHTS MEDICAL CENTER,
Defendants.
-------------------------------------------------------------------------x
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
a copy of your Answer on the Plaintiffs Attorney within 20 days after the service of this
Summons, exclusive of the day of service (or within 30 days after 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: December 5, 2013
By:..,,L------'~1--~"-J,..-----
Je6TT D.
Attorneys for Plaintiff
114 Old Country Road
Mineola, New York 11501
(516) 248-7575
Defendants' addresses:
374 Stockholm Street
Brooklyn, NY 11237
FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
NATHANIEL GRA YTON, an Infant, by his mother
and natural guardian, SHERRI SKIDMORE,
Plaintiff, CERTIFICATE
OF MERIT
-against-
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,
Defendants.
SCOTT D. RUBIN, an attorney duly admitted to practice law in the State of New York,
hereby affirms the following under the penalties of perjury:
That I have reviewed the facts of this case and have consulted with at least one physician
who is duly licensed to practice medicine and who I reasonably believe is knowledgeable with
regard to the relevant issues involved herein and I have concluded on the basis of such review
and consultation that there is a reasonable basis for the commencement of this action.
Duly affirmed this 5th
day of December, 2013
FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
NATHANIEL GRA YTON, an Infant, by his mother
and natural guardian, SHERRI SKIDMORE,
VERIFIED COMPLAINT
Plaintiff,
-against-
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,
Defendants.
x
Plaintiff, above-named, complaining of the defendants, by her attorneys, LEVINE &
GROSSMAN, respectfully alleges:
AS AND FOR A FIRST CAUSE OF ACTION
I. At all times herein mentioned, defendant, VASUDHA VISWANATHAN, M.D.
was a physician duly licensed to practice medicine in the State of New York.
2. At all times herein mentioned, infant plaintiff, NATHANIEL GRAYTON, was a
patient of defendant, VASUDHA VISWANATHAN, M.D.
3. At all times herein mentioned, defendant, CALIXTO CAZANO, M.D., was a
physician duly licensed to practice medicine in the State of New York.
4. At all times herein mentioned, infant plaintiff, NATHANIEL GRAYTON, was a
patient of defendant, CALIXTO CAZANO, M.D.
5. At all times herein mentioned, defendant, RAJENDRA BHAYANI, M.D., was a
physician duly licensed to practice medicine in the State of New York.
6. At all times herein mentioned, infant plaintiff, NATHANIEL GRAYTON, was a
FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021
patient of defendant, RAJENDRA BHAYANI, M.D.
7. At all times herein mentioned, defendant, FERNANDO GINEBRA, M.D., was a
physician duly licensed to practice medicine in the State of New York.
8. At all times herein mentioned, infant plaintiff, NATHANIEL GRAYTON, was a
patient of defendant, FERNANDO GINEBRA, M.D.
9. At all times herein mentioned, defendant, SONY LOISEAU, M.D., was a
physician duly licensed to practice medicine in the State ofNew York.
10. At all times herein mentioned, infant plaintiff, NATHANIEL GRAYTON, was a
patient of defendant, SONY LOISEAU, M.D.
11. At all times herein mentioned, defendant, WYCKOFF HEIGHTS MEDICAL
CENTER was a domestic corporation, duly organized and existing under and by virtue of the
laws of the State of New York.
12. At all times herein mentioned, defendant, WYCKOFF HEIGHTS MEDICAL
CENTER was the owner of a hospital known as WYCKOFF HEIGHTS MEDICAL
CENTER located at 374 Stockholm Street, Brooklyn, New York.
13. At all times herein mentioned, defendant WYCKOFF HEIGHTS MEDICAL
CENTER operated, managed and controlled the aforesaid hospital.
14. At all times herein mentioned, defendant VASUDHA VISWANATHAN, M.D.,
was an agent, servant and/or employee of defendant, WYCKOFF HEIGHTS MEDICAL
CENTER.
15. At all times herein mentioned, defendant CALIXTO CAZANO, M.D., was an
agent, servant and/or employee of defendant, WYCKOFF HEIGHTS MEDICAL CENTER.
16. At all times herein mentioned, defendant RAJENDRA BHAYANI, M.D., was an
FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021
agent, servant and/or employee of defendant, WYCKOFF HEIGHTS MEDICAL CENTER.
17. At all times herein mentioned, defendant FERNANDO GINEBRA, M.D., was
an agent, servant and/or employee of defendant, WYCKOFF HEIGHTS MEDICAL
CENTER.
18. At all times herein mentioned, defendant SONY LOISEAU, M.D., was an
agent, servant and/or employee of defendant, WYCKOFF HEIGHTS MEDICAL CENTER.
19. At all times herein mentioned, infant plaintiff, NATHANIEL GRAYTON, was a
patient of defendant, WYCKOFF HEIGHTS MEDICAL CENTER.
20. Beginning on or about February 28, 2009, and continuing, during a continuous
course of treatment, through on or about April 2, 2009, infant plaintiff was a patient of the
defendants, and under their medical diagnosis, care and treatment, and as a result of the failure of
these defendants to properly and carefully diagnose, care for and treat infant plaintiff, including
but not limited to: the failure to properly intubate the patient; the failure to appropriately
medicate infant plaintiff; in improperly making several attempts at intubation; in improperly
intubating infant plaintiff; the failure to timely and properly diagnose the infant's true condition;
the failure to timely and properly recognize the significance of, determine the etiology of and act
upon the patient's signs and symptoms; the failure to possess the skill and qualifications
necessary to care for infant plaintiff; and, the failure to order appropriate consultations, infant
plaintiff sustained severe injuries and complications, some of which were not diagnosed and
recognized by defendants.
21. Said occurrence was due to the carelessness and negligence of the defendants in
failing to treat the infant plaintiff in the accepted and proper medical manner, all without any
fault or lack of care on the part of the plaintiff herein.
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NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021
22. By reason of the foregoing, the infant plaintiff sustained severe and serious
personal injuries, sustained serious and severe permanent injuries and was caused to undergo
hospital and medical care and treatment.
23. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
24. This action falls within one or more of the exceptions to Article 16 of the New
York Civil Practice Law and Rules.
AS AND FOR A SECOND CAUSE OF ACTION
FOR LACK OF INFORMED CONSENT
25. Plaintiff repeats, reiterates and re-alleges each and every allegation enumerated in
those paragraphs of the complaint marked and designated "l." through "24." inclusive with the
same force and effect as if hereinafter set forth at length.
26. Defendants failed to inform the plaintiff of the risks, benefits, hazards and
alternatives associated with the treatment rendered and procedures performed, so that an
informed consent could be given.
27. A reasonable prudent person in the plaintiffs position would not have undergone
the treatment rendered and procedures performed, if she had been fully informed of the risks,
benefits, hazards and alternatives connected with said treatment.
28. The failure to adequately and fully inform the plaintiff of the risks, benefits,
hazards and alternatives of the treatment rendered and procedures performed, is a proximate
cause of the injury plaintiff sustained.
29. As a consequence of the foregoing there was no informed consent to the treatment
rendered and procedures performed.
FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021
30. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
AS AND FOR A THIRD CAUSE OF ACTION
WYCKOFF HEIGHTS MEDICAL CENTER
31. Plaintiff repeats, reiterates and re-alleges each and every allegation contained in
those paragraphs of the complaint marked and designated "1." through "30." inclusive, with the
same force and effect as if hereinafter set forth at length.
32. Defendant, WYCKOFF HEIGHTS MEDICAL CENTER, prior to the granting
or renewing of privileges or employment to the defendants, residents, nurse practitioners, nurses
and others involved in the plaintiffs care failed to investigate the qualifications, competence,
capacity, abilities and capabilities of said defendants, residents, nurse practitioners, nurses and
other employees, including, but not limited to, obtaining the following information: patient
grievances; negative health care outcomes; incidents injurious to patients; medical malpractice
actions commenced against said persons, including the outcome thereof; any history of
association, privilege and/or practice at other institutions; any discontinuation of said association,
employment privilege and/or practice at other institutions; any pending professional misconduct
proceeding in this State or another State and the substance of the allegations in such proceedings;
any additional information concerning such proceedings; and, the hospital failed to make
sufficient inquiry of those who should and did have information relevant to the capacity,
capability, ability and competence of said persons rendering treatment.
33. Had defendant, WYCKOFF HEIGHTS MEDICAL CENTER, made the above
stated inquiry or, in the alternative, had this defendant hospital reviewed and analyzed the
information obtained in a proper manner, privileges and/or employment would not have been
FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021
granted and/or renewed.
34. By reason of this defendant's failure to meet the aforementioned obligation, the
plaintiff was treated by physicians, nurse practitioners, nurses and/or other employees who were
lacking the requisite skills, abilities, competence and capacity, as a result of which plaintiff
sustained severe injuries and complications.
35. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
WHEREFORE, by reason of the foregoing, plaintiff demands judgment against the
defendants on the First through Third Causes of Action in such sums as a Court and/or jury may
find to be fair, adequate and just, together with interest and costs and disbursements of this
action.
Yours, etc.,
BY: ~,.--~~~""+-~~~~~
SCGTI D. RUBIN
114 Old Country Road
Mineola, NY 11501
516-248-7575
FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021
ATTORNEY'S VERIFICATION
STATEOFNEWYORK )
)ss.:
COUNTY OF NASSAU )
I, the undersigned, am an attorney admitted to practice in the courts ofNew York
State, and say that:
I am the attorney of record, or of counsel to the attorney of record, for plaintiff(s).
I have read the annexed COMPLAINT and know the contents thereof and the same is true
to my own knowledge, except those matters therein which are stated to be alleged on
information and belief, and as to those matters I believe them to be true. My belief, as to
those matters therein not stated upon knowledge, is based upon the following:
investigation, materials in the file and conversations with the plaintiff(s).
The reason I make this affirmation instead of plaintiff(s) is that the plaintiff(s)
reside outside of the county in which I maintain my office.
I affirm that the foregoing statements are true---und f'therpenalties of perjury.
' '
C/SCOTT D. RUBIN
Dated: Mineola, New York
December 5, 2013
FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021
Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
NATHANIEL GRAYTON, an Infant, by his mother and natural guardian,
SHERRI SKIDMORE,
Plaintiff(s),
-against-
VASUDHA VISWANATHAN, M.D . , et al,
Defendant(s).
SUMMONS, CERTIFICATE OF MERIT AND VERIFIED COMPLAINT
LEVINE & GROSSMAN
Attorneys for Plaintiff Cs)
114 Old Country Road
Mineola, New York 11501
(516) 248-7575
-----------------------------------------------------------------
To:
Attorney(s) for
-----------------------------------------------------------------
Service of a copy of the within is
hereby admitted.
Dated:
Attorney(s) for
-----------------------------------------------------------------
PLEASE TAKE NOTICE
That the within is a true copy of an
entered in the office of the clerk of the within named Court on
That an Order 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 , N.Y., on
at 9:30 a.m.
Dated: Mineola, NY LEVINE & GROSSMAN
Attorney(s) for Plaintiff (s)
114 Old Country Road
Mineola, New York 11501
TO:
Attorneys for Defendants
Preview
FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021 Exhibit “A” FILED: KINGS COUNTY CLERK 12/17/2013 08/24/2021 04:57 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 1 143 RECEIVED NYSCEF: 12/17/2013 08/24/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------------x Index No. NATHANIEL GRA YTON, an Infant, by his mother and Date purchased: natural guardian, SHERRI SKIDMORE, Plaintiff designates KINGS COUNTY Plaintiff, as the place of trial. -against- The basis of the venue is Defendants' place of VASUDHA VISWANATHAN, M.D., CALIXTO Business CAZANO, M.D., RAJENDRA BHAYANI, M.D., FERNANDO GINEBRA, M.D., SONY LOISEAU, M.D., SUMMONS and WYCKOFF HEIGHTS MEDICAL CENTER, Defendants. -------------------------------------------------------------------------x TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer on the Plaintiffs Attorney within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after 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: December 5, 2013 By:..,,L------'~1--~"-J,..----- Je6TT D. Attorneys for Plaintiff 114 Old Country Road Mineola, New York 11501 (516) 248-7575 Defendants' addresses: 374 Stockholm Street Brooklyn, NY 11237 FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NATHANIEL GRA YTON, an Infant, by his mother and natural guardian, SHERRI SKIDMORE, Plaintiff, CERTIFICATE OF MERIT -against- 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, Defendants. SCOTT D. RUBIN, an attorney duly admitted to practice law in the State of New York, hereby affirms the following under the penalties of perjury: That I have reviewed the facts of this case and have consulted with at least one physician who is duly licensed to practice medicine and who I reasonably believe is knowledgeable with regard to the relevant issues involved herein and I have concluded on the basis of such review and consultation that there is a reasonable basis for the commencement of this action. Duly affirmed this 5th day of December, 2013 FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NATHANIEL GRA YTON, an Infant, by his mother and natural guardian, SHERRI SKIDMORE, VERIFIED COMPLAINT Plaintiff, -against- 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, Defendants. x Plaintiff, above-named, complaining of the defendants, by her attorneys, LEVINE & GROSSMAN, respectfully alleges: AS AND FOR A FIRST CAUSE OF ACTION I. At all times herein mentioned, defendant, VASUDHA VISWANATHAN, M.D. was a physician duly licensed to practice medicine in the State of New York. 2. At all times herein mentioned, infant plaintiff, NATHANIEL GRAYTON, was a patient of defendant, VASUDHA VISWANATHAN, M.D. 3. At all times herein mentioned, defendant, CALIXTO CAZANO, M.D., was a physician duly licensed to practice medicine in the State of New York. 4. At all times herein mentioned, infant plaintiff, NATHANIEL GRAYTON, was a patient of defendant, CALIXTO CAZANO, M.D. 5. At all times herein mentioned, defendant, RAJENDRA BHAYANI, M.D., was a physician duly licensed to practice medicine in the State of New York. 6. At all times herein mentioned, infant plaintiff, NATHANIEL GRAYTON, was a FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021 patient of defendant, RAJENDRA BHAYANI, M.D. 7. At all times herein mentioned, defendant, FERNANDO GINEBRA, M.D., was a physician duly licensed to practice medicine in the State of New York. 8. At all times herein mentioned, infant plaintiff, NATHANIEL GRAYTON, was a patient of defendant, FERNANDO GINEBRA, M.D. 9. At all times herein mentioned, defendant, SONY LOISEAU, M.D., was a physician duly licensed to practice medicine in the State ofNew York. 10. At all times herein mentioned, infant plaintiff, NATHANIEL GRAYTON, was a patient of defendant, SONY LOISEAU, M.D. 11. At all times herein mentioned, defendant, WYCKOFF HEIGHTS MEDICAL CENTER was a domestic corporation, duly organized and existing under and by virtue of the laws of the State of New York. 12. At all times herein mentioned, defendant, WYCKOFF HEIGHTS MEDICAL CENTER was the owner of a hospital known as WYCKOFF HEIGHTS MEDICAL CENTER located at 374 Stockholm Street, Brooklyn, New York. 13. At all times herein mentioned, defendant WYCKOFF HEIGHTS MEDICAL CENTER operated, managed and controlled the aforesaid hospital. 14. At all times herein mentioned, defendant VASUDHA VISWANATHAN, M.D., was an agent, servant and/or employee of defendant, WYCKOFF HEIGHTS MEDICAL CENTER. 15. At all times herein mentioned, defendant CALIXTO CAZANO, M.D., was an agent, servant and/or employee of defendant, WYCKOFF HEIGHTS MEDICAL CENTER. 16. At all times herein mentioned, defendant RAJENDRA BHAYANI, M.D., was an FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021 agent, servant and/or employee of defendant, WYCKOFF HEIGHTS MEDICAL CENTER. 17. At all times herein mentioned, defendant FERNANDO GINEBRA, M.D., was an agent, servant and/or employee of defendant, WYCKOFF HEIGHTS MEDICAL CENTER. 18. At all times herein mentioned, defendant SONY LOISEAU, M.D., was an agent, servant and/or employee of defendant, WYCKOFF HEIGHTS MEDICAL CENTER. 19. At all times herein mentioned, infant plaintiff, NATHANIEL GRAYTON, was a patient of defendant, WYCKOFF HEIGHTS MEDICAL CENTER. 20. Beginning on or about February 28, 2009, and continuing, during a continuous course of treatment, through on or about April 2, 2009, infant plaintiff was a patient of the defendants, and under their medical diagnosis, care and treatment, and as a result of the failure of these defendants to properly and carefully diagnose, care for and treat infant plaintiff, including but not limited to: the failure to properly intubate the patient; the failure to appropriately medicate infant plaintiff; in improperly making several attempts at intubation; in improperly intubating infant plaintiff; the failure to timely and properly diagnose the infant's true condition; the failure to timely and properly recognize the significance of, determine the etiology of and act upon the patient's signs and symptoms; the failure to possess the skill and qualifications necessary to care for infant plaintiff; and, the failure to order appropriate consultations, infant plaintiff sustained severe injuries and complications, some of which were not diagnosed and recognized by defendants. 21. Said occurrence was due to the carelessness and negligence of the defendants in failing to treat the infant plaintiff in the accepted and proper medical manner, all without any fault or lack of care on the part of the plaintiff herein. FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021 22. By reason of the foregoing, the infant plaintiff sustained severe and serious personal injuries, sustained serious and severe permanent injuries and was caused to undergo hospital and medical care and treatment. 23. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. 24. This action falls within one or more of the exceptions to Article 16 of the New York Civil Practice Law and Rules. AS AND FOR A SECOND CAUSE OF ACTION FOR LACK OF INFORMED CONSENT 25. Plaintiff repeats, reiterates and re-alleges each and every allegation enumerated in those paragraphs of the complaint marked and designated "l." through "24." inclusive with the same force and effect as if hereinafter set forth at length. 26. Defendants failed to inform the plaintiff of the risks, benefits, hazards and alternatives associated with the treatment rendered and procedures performed, so that an informed consent could be given. 27. A reasonable prudent person in the plaintiffs position would not have undergone the treatment rendered and procedures performed, if she had been fully informed of the risks, benefits, hazards and alternatives connected with said treatment. 28. The failure to adequately and fully inform the plaintiff of the risks, benefits, hazards and alternatives of the treatment rendered and procedures performed, is a proximate cause of the injury plaintiff sustained. 29. As a consequence of the foregoing there was no informed consent to the treatment rendered and procedures performed. FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021 30. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. AS AND FOR A THIRD CAUSE OF ACTION WYCKOFF HEIGHTS MEDICAL CENTER 31. Plaintiff repeats, reiterates and re-alleges each and every allegation contained in those paragraphs of the complaint marked and designated "1." through "30." inclusive, with the same force and effect as if hereinafter set forth at length. 32. Defendant, WYCKOFF HEIGHTS MEDICAL CENTER, prior to the granting or renewing of privileges or employment to the defendants, residents, nurse practitioners, nurses and others involved in the plaintiffs care failed to investigate the qualifications, competence, capacity, abilities and capabilities of said defendants, residents, nurse practitioners, nurses and other employees, including, but not limited to, obtaining the following information: patient grievances; negative health care outcomes; incidents injurious to patients; medical malpractice actions commenced against said persons, including the outcome thereof; any history of association, privilege and/or practice at other institutions; any discontinuation of said association, employment privilege and/or practice at other institutions; any pending professional misconduct proceeding in this State or another State and the substance of the allegations in such proceedings; any additional information concerning such proceedings; and, the hospital failed to make sufficient inquiry of those who should and did have information relevant to the capacity, capability, ability and competence of said persons rendering treatment. 33. Had defendant, WYCKOFF HEIGHTS MEDICAL CENTER, made the above stated inquiry or, in the alternative, had this defendant hospital reviewed and analyzed the information obtained in a proper manner, privileges and/or employment would not have been FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021 granted and/or renewed. 34. By reason of this defendant's failure to meet the aforementioned obligation, the plaintiff was treated by physicians, nurse practitioners, nurses and/or other employees who were lacking the requisite skills, abilities, competence and capacity, as a result of which plaintiff sustained severe injuries and complications. 35. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. WHEREFORE, by reason of the foregoing, plaintiff demands judgment against the defendants on the First through Third Causes of Action in such sums as a Court and/or jury may find to be fair, adequate and just, together with interest and costs and disbursements of this action. Yours, etc., BY: ~,.--~~~""+-~~~~~ SCGTI D. RUBIN 114 Old Country Road Mineola, NY 11501 516-248-7575 FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021 ATTORNEY'S VERIFICATION STATEOFNEWYORK ) )ss.: COUNTY OF NASSAU ) I, the undersigned, am an attorney admitted to practice in the courts ofNew York State, and say that: I am the attorney of record, or of counsel to the attorney of record, for plaintiff(s). I have read the annexed COMPLAINT and know the contents thereof and the same is true to my own knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: investigation, materials in the file and conversations with the plaintiff(s). The reason I make this affirmation instead of plaintiff(s) is that the plaintiff(s) reside outside of the county in which I maintain my office. I affirm that the foregoing statements are true---und f'therpenalties of perjury. ' ' C/SCOTT D. RUBIN Dated: Mineola, New York December 5, 2013 FILED: KINGS COUNTY CLERK 08/24/2021 04:57 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 143 RECEIVED NYSCEF: 08/24/2021 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NATHANIEL GRAYTON, an Infant, by his mother and natural guardian, SHERRI SKIDMORE, Plaintiff(s), -against- VASUDHA VISWANATHAN, M.D . , et al, Defendant(s). SUMMONS, CERTIFICATE OF MERIT AND VERIFIED COMPLAINT LEVINE & GROSSMAN Attorneys for Plaintiff Cs) 114 Old Country Road Mineola, New York 11501 (516) 248-7575 ----------------------------------------------------------------- To: Attorney(s) for ----------------------------------------------------------------- Service of a copy of the within is hereby admitted. Dated: Attorney(s) for ----------------------------------------------------------------- PLEASE TAKE NOTICE That the within is a true copy of an entered in the office of the clerk of the within named Court on That an Order 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 , N.Y., on at 9:30 a.m. Dated: Mineola, NY LEVINE & GROSSMAN Attorney(s) for Plaintiff (s) 114 Old Country Road Mineola, New York 11501 TO: Attorneys for Defendants