Preview
FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021
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00016-087258
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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WILLIAM MARTINEZ and VIVIANA CABRAL, as
Parents and Natural Guardians of S.M., Infant, and VERIFIED ANSWER
WILLIAM MARTINEZ and VIVIAN CABRAL,
Individually, Index No.: 35149/2020E
Plaintiffs,
-against-
DENISE UMPIERREZ-MORLEY, M.D.,TIFFANY SIA,
M.D., CHRISTINA SANDERS MANICE, M.D.,
THOMAS DONG YOON SHIN, M.D., AMY WANG,
M.D., MINI KALLARACKAL, N.P., SANDRA
INFANTINO, N.P., SARAH MILBURN, M.D., SUDHA
KASHYAP, M.D., COLUMBIA UNIVERSITY
DEPARTMENT OF OBSTETRICS AND
GYNECOLOGY, NEW YORK-PRESBYTERIAN THE
UNIVERSITY HOSPITAL OF COLUMBIA AND
CORNELL, COLUMBIA DOCTORS, and THE
TRUSTEES OF COLUMBIA UNIVERSITY IN THE
CITY OF NEW YORK,
Defendants.
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Defendant TIFFANY SIA, M.D., by her attorneys, MARTIN CLEARWATER & BELL
LLP, answers the plaintiffs’ complaint as follows, upon information and belief:
AS TO THE FIRST CAUSE OF ACTION
1. Denies knowledge or information sufficient to form a belief as to each and every
allegation contained in the paragraphs of the complaint designated “1”, “104”, “105”, “106”,
“116”, “117”, “118”, “128”, “129” and “130” except begs leave to refer all questions of fact to the
trier of fact and all questions of law to the Court.
2. Denies knowledge or information sufficient to form a belief as to each and every
allegation contained in the paragraphs of the complaint designated “2”, “4”, “5”, “6”, “7”, “8”,
“9”, “10”, “11”, “12”, “13”, “14”, “15”, “16”, “20”, “21”, “22”, “23”, “24”, “25”, “26”, “27”,
“28”, “29”, “30”, “31”, “32”, “33”, “34”, “35”, “36”, “37”, “38”, “39”, “40”, “41”, “42”, “43”,
“47”, “48”, “49”, “50”, “51”, “52”, “53”, “54”, “55”, “56”, “57”, “58”, “59”, “60”, “61”, “62”,
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“63”, “64”, “65”, “66”, “67”, “68”, “69”, “70”, “74”, “75”, “76”, “77”, “78”, “79”, “80”, “81”,
“82”, “83”, “84”, “85”, “86”, “87”, “88”, “89”, “90”, “91”, “92”, “93”, “94”, “95”, “97”, “98”,
“99”, “100”, “101”, “102”, “103”, “107”, “109”, “110”, “111”, “112”, “113”, “114”, “115”, “116”,
“119”, “121”, “122”, “123”, “124”, “125”, “126” and “127”.
3. Denies each and every allegation contained in the paragraph of the complaint
designated “3” except admits that the defendant is a physician duly licensed to practice medicine
in the State of New York.
4. Denies each and every allegation contained in the paragraph of the complaint
designated “17” and “18” except admits that said defendant was, and still is, associated with the
defendant Hospital.
5. Denies each and every allegation contained in the paragraph of the complaint
designated “19” except admits that said defendant was, and still is, associated with the defendant
Hospital and admits that defendant rendered certain professional services in accordance with
acceptable medical standards and due care.
6. Denies each and every allegation contained in the paragraph of the complaint
designated “44”, “45”, “71” and “72” except admits that defendant was and is associated with the
defendant institution at the time of the dates alleged in the Complaint and begs leave to refer all
questions of fact to the trier of fact and all questions of law to the Court.
7. Denies each and every allegation contained in the paragraph of the complaint
designated “46” and “73” except admits that defendant rendered certain professional services in
accordance with acceptable medical standards and due care, admits that defendant was and is
associated with the defendant institution at the time of the dates alleged in the Complaint and begs
leave to refer all questions of fact to the trier of fact and all questions of law to the Court.
8. Denies each and every allegation contained in the paragraph of the complaint
designated “96”, “108” and “120” except admits that defendant rendered certain professional
services in accordance with acceptable medical standards and due care.
9. Denies each and every allegation contained in the paragraph of the complaint
designated “131” and “132”.
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10. Denies each and every allegation contained in the paragraph of the complaint
designated “133” and “134” except begs leave to refer all questions of fact to the trier of fact and
all questions of law to the Court.
AS TO THE SECOND CAUSE OF ACTION
11. Denies knowledge or information sufficient to form a belief as to each and every
allegation contained in the paragraphs of the complaint designated “135” except begs leave to refer
all questions of fact to the trier of fact and all questions of law to the Court.
12. Denies each and every allegation contained in the paragraph of the complaint
designated “136”.
13. Denies each and every allegation contained in the paragraph of the complaint
designated “137”, “138” and “139” except begs leave to refer all questions of fact to the trier of
fact and all questions of law to the Court.
AS A FIRST AFFIRMATIVE DEFENSE
14. Defendant TIFFANY SIA, M.D. denies liability, but if liability is found against this
defendant and the liability is found to be 50% or less of the total liability assigned to all persons
liable, then this defendant invokes the limits on liability for noneconomic loss set forth in
CPLR §1601.
AS A SECOND AFFIRMATIVE DEFENSE
15. That defendant asserts the terms, provisions, limitations and rights contained in
§4545 of the CPLR.
AS A THIRD AFFIRMATIVE DEFENSE
16. Upon information and belief, that the alleged cause or causes of action, if any, stated
in the complaint, on behalf of the plaintiffs are barred by the applicable statute of limitations.
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AS A FOURTH AFFIRMATIVE DEFENSE
17. Whatever injuries plaintiffs may have sustained at the time and place alleged in the
complaint were caused in whole or in part or were contributed to by the culpable conduct and want
of care on the part of the plaintiffs.
AS A FIFTH AFFIRMATIVE DEFENSE
18. This Court lacks personal jurisdiction over defendant TIFFANY SIA, M.D. and
was not properly served with process.
WHEREFORE, defendant TIFFANY SIA, M.D. demands judgment dismissing the
complaint herein, together with the costs and disbursements of this action.
Dated: East Meadow, New York
January 21, 2021
Yours, etc.
MARTIN CLEARWATER & BELL LLP
By:
Matthew M. Frank
Attorneys for Defendant
TIFFANY SIA, M.D.
90 Merrick Avenue
East Meadow, NY 11554
(516) 222-8500
TO:
Sullivan Papain Block McGrath Coffinas & Cannavo, PC
Attorneys for Plaintiffs
120 Broadway, 27th Floor
New York, New York 10271
(212) 732-9000
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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WILLIAM MARTINEZ and VIVIANA CABRAL, as
Parents and Natural Guardians of S.M., Infant, and DEMAND FOR A
WILLIAM MARTINEZ and VIVIAN CABRAL, VERIFIED BILL
Individually, OF PARTICULARS
Plaintiffs, Index No.: 35149/2020E
-against-
DENISE UMPIERREZ-MORLEY, M.D.,TIFFANY SIA,
M.D., CHRISTINA SANDERS MANICE, M.D.,
THOMAS DONG YOON SHIN, M.D., AMY WANG,
M.D., MINI KALLARACKAL, N.P., SANDRA
INFANTINO, N.P., SARAH MILBURN, M.D., SUDHA
KASHYAP, M.D., COLUMBIA UNIVERSITY
DEPARTMENT OF OBSTETRICS AND
GYNECOLOGY, NEW YORK-PRESBYTERIAN THE
UNIVERSITY HOSPITAL OF COLUMBIA AND
CORNELL, COLUMBIA DOCTORS, and THE
TRUSTEES OF COLUMBIA UNIVERSITY IN THE
CITY OF NEW YORK,
Defendants.
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C O U N S E L O R S:
PLEASE TAKE NOTICE, that pursuant to Rule 3041 et seq. of the Civil Practice Law and
Rules, you are hereby required to serve upon MARTIN CLEARWATER & BELL LLP , attorneys
for defendant TIFFANY SIA, M.D., within twenty (20) days after the service of a copy of this
Demand, a Verified Bill of Particulars of the Complaint, setting forth in detail the following:
1. The manner and respect in which it is claimed defendant TIFFANY SIA, M.D.,
(hereinafter referred to as "defendant"), was negligent, careless and unskillful, including but not
limited to the following:
A. State each test or procedure which it will be claimed should not have been
performed by the defendant.
B. State each test or procedure which it will be claimed was performed
improperly by the defendant and in what respect.
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C. State each additional test or procedure which it will be claimed should have
been performed by the defendant.
D. State each drug or medication which it will be claimed should not have been
administered by the defendant.
E. State each drug or medication which it will be claimed was administered in
an improper dosage or manner, or both, by the defendant and in what
respect.
F. State each additional drug which it will be claimed should have been
administered by the defendant.
G. If it will be claimed that a misdiagnosis was made by the defendant, state
what the misdiagnosis was and state what the proper diagnosis should have
been.
H. If it will be claimed that there was a lack of adequate consultation by the
defendant, state each specialist who should have been consulted, and at what
point in the treatment.
I. If it will be claimed that improper preoperative procedures were performed
by the defendant, state which procedures were improper and what the proper
preoperative procedures are claimed to be.
J. If it will be claimed that improper postoperative procedures were performed
by the defendant, state which procedures were improper and what the proper
postoperative procedures are claimed to be.
K. If it will be claimed that improper operative procedures were performed by
the defendant, state which procedures were improper and what the proper
operative procedures are claimed to be.
L. If it will be claimed that defendant ignored any signs, symptoms, complaints
or past history, identify the signs, symptoms, complaints or past history
which were ignored.
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M. If it will be claimed that there was improper treatment in any other respect,
state what the proper treatment should have been.
2. Did the defendant's alleged malpractice occur in the course of an emergency
treatment, procedure or surgery?
3. If it will be claimed that any of the acts or omissions particularized in item[s] 1
[and 2] above were performed by another for whose acts or omissions the defendant has legal
responsibility, state as to each such act or omission the name of the person who performed it, and
that person's legal relationship to the defendant.
4. If it is claimed that any equipment or other medical instruments were defective or
otherwise improper, identify the equipment or instruments, the manufacturer, set forth in what
respects they were defective or improper, and identify the person(s) who used, owned and
controlled the equipment or instruments at the time of the patient's treatment.
5. Set forth the following:
A. The date of each treatment claimed to have been rendered by defendant.
B. The date of each act of negligence claimed to have been committed by
defendant.
C. The place of each treatment claimed to have been rendered by defendant.
6. Set forth the following:
A. The nature, location and extent of each injury which it will be claimed was
caused by the negligence of defendant.
B. If any injuries are claimed to be permanent, so state.
C. State how it will be claimed each of said injuries was caused by the alleged
negligence.
7. If it will be claimed that the aforesaid injuries necessitated treatment at any
institutions, set forth:
A. The name of each institution.
B. The dates of confinement or outpatient treatment at each institution.
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8. If it will be claimed that the aforesaid injuries necessitated confinement to bed or
home, set forth the following:
A. The dates of confinement to home.
B. The dates of confinement to bed.
9. If it is reasonably anticipated that the claimed aforesaid injuries will necessitate
future confinement to bed or home, set forth the following:
A. Anticipated period of time of confinement to home.
B. Anticipated period of time of confinement to bed.
10. If it will be claimed that the aforesaid injuries necessitated treatment by any
physicians, psychologists or other therapists, set forth:
A. The name of each such person.
B. That person's address.
C. The dates of the patient's treatment.
11. If loss of earnings will be claimed to have resulted from the alleged negligence, set
forth the following:
A. The loss of earnings that will be claimed.
B. The name and address of the employer at the time of the alleged negligence.
C. The claimant's occupation at the time of the alleged negligence.
D. The claimant's gross earnings for the last calendar year prior to the alleged
negligence.
E. The claimant's gross earnings for any calendar year(s) during which it will
be claimed the claimant was incapacitated from work.
F. If the claimant was employed by another immediately prior to the alleged
incapacitation, state:
(1) The name and address of the employer.
(2) The claimant's weekly gross salary at that time.
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G. If the claimant was in whole or in part self-employed, state the claimant's
earnings from such self-employment for each of the three (3) years prior to
the alleged incapacitation.
H. The last date the claimant worked prior to the alleged incapacitation.
I. The dates the claimant worked prior to the alleged incapacitation.
J. The amount and source of any reimbursement to the claimant or others for
the alleged loss of earnings.
K. The name and address of the claimant's present employer.
12. If it is reasonably anticipated that further loss of earnings will be incurred in the
future as a result of the alleged negligence, set forth:
A. Anticipated future loss of earnings, stating the reason for said further loss
of earnings.
B. Anticipated period of time that future loss of earnings will be incurred.
13. If any special damages are claimed as a result of the alleged malpractice, set forth
the following:
A. The charges for the above-named hospitals, separately listing each hospital
bill.
B. Physicians' charges.
C. Charges for medicine, itemizing the medicines charged for.
D. Other (specify).
14. If anyone other than the patient has paid or has incurred the expenses claimed in
the preceding paragraph, state the amount or extent of such reimbursement and that person's
address and relationship, if any, to the patient.
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15. If anyone has, or can reasonably be expected to reimburse the patient or others for
the expenses claimed above in Paragraph 14, state the amount or extent of such reimbursement
and the name and address of the reimbursor.
16. If it is reasonably anticipated that further expenses will be incurred in the future as
a result of the alleged negligence, set forth such expenses, stating the reason for said expenses and
the anticipated period of time that said expenses will be incurred, including but not limited to:
A. Anticipated physicians' charges.
B. Anticipated hospital charges.
C. Anticipated charges for medicine.
D. Anticipated nursing charges.
E. Other (specify).
17. If anyone can be reasonably expected to pay or provide reimbursement for any
anticipated expenses detailed in the foregoing paragraph, state that reimbursor's name, address and
the amount and extent of such payment or reimbursement.
18. State the residence of the plaintiffs at the time this action was commenced.
19. State the date of birth of the plaintiff s.
20. State the Social Security number of the plaintiffs.
21. If it will be claimed that the limitations on liability set forth in CPLR Article 16 do
not apply, state specifically each and every exception to Article 16 set forth in CPLR § 1602 which
applies to the cause or causes of action herein and the basis for invoking such exemptions.
22. If loss of services on behalf of a parent is claimed, please state:
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A. the allegations as to the services of which plaintiffs has been deprived; and
B. the length of time that plaintiffs has been and/or will be deprived of each
such service.
Dated: East Meadow, New York
January 21, 2021
Yours, etc.
MARTIN CLEARWATER & BELL LLP
By:
Matthew M. Frank
Attorneys for Defendant
TIFFANY SIA, M.D.
90 Merrick Avenue
East Meadow, NY 11554
(516) 222-8500
TO:
Sullivan Papain Block McGrath Coffinas & Cannavo, PC
Attorneys for Plaintiffs
120 Broadway, 27th Floor
New York, New York 10271
(212) 732-9000
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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WILLIAM MARTINEZ and VIVIANA CABRAL, as
Parents and Natural Guardians of S.M., Infant, and NOTICE TO TAKE
WILLIAM MARTINEZ and VIVIAN CABRAL, DEPOSITION UPON
Individually, ORAL EXAMINATION
Plaintiffs, Index No.: 35149/2020E
-against-
DENISE UMPIERREZ-MORLEY, M.D.,TIFFANY SIA,
M.D., CHRISTINA SANDERS MANICE, M.D.,
THOMAS DONG YOON SHIN, M.D., AMY WANG,
M.D., MINI KALLARACKAL, N.P., SANDRA
INFANTINO, N.P., SARAH MILBURN, M.D., SUDHA
KASHYAP, M.D., COLUMBIA UNIVERSITY
DEPARTMENT OF OBSTETRICS AND
GYNECOLOGY, NEW YORK-PRESBYTERIAN THE
UNIVERSITY HOSPITAL OF COLUMBIA AND
CORNELL, COLUMBIA DOCTORS, and THE
TRUSTEES OF COLUMBIA UNIVERSITY IN THE
CITY OF NEW YORK,
Defendants.
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C O U N S E L O R S:
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules
the testimony, upon oral examination of plaintiffs, WILLIAM MARTINEZ and VIVIANA
CABRAL, as adverse parties, will be taken before a Notary Public who is not an attorney, or an
employee of an attorney, for any party or prospective party herein and is not a person who would
be disqualified to act as juror because of interest or because of consanguinity or affinity to any
party herein, at the Courthouse, located at 851 Grand Concourse, Bronx, New York, on the 11th
day of February 2021 at 10:00 o'clock in the forenoon of that day, with respect to evidence material
and necessary in the defense of this action, including negligence, contributory negligence, liability
and damages.
That each said deponent to be examined is required to produce at such examination the
following:
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1. Any and all bills, books, diaries, writings and other memoranda in his/her
possession or in the possession of his/her attorneys relating to the events in issue or any element
of the claimed damages.
2. Any document reviewed by the deponent, prior to the commencement of the
deposition, to prepare for the deposition and/or to refresh the deponent's recollection regarding the
facts of this case.
Dated: East Meadow, New York
January 21, 2021
Yours, etc.
MARTIN CLEARWATER & BELL LLP
By:
Matthew M. Frank
Attorneys for Defendant
TIFFANY SIA, M.D.
90 Merrick Avenue
East Meadow, NY 11554
(516) 222-8500
TO:
Sullivan Papain Block McGrath Coffinas & Cannavo, PC
Attorneys for Plaintiffs
120 Broadway, 27th Floor
New York, New York 10271
(212) 732-9000
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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WILLIAM MARTINEZ and VIVIANA CABRAL, as
Parents and Natural Guardians of S.M., Infant, and DEMAND FOR
WILLIAM MARTINEZ and VIVIAN CABRAL, MEDICAID/MEDICARE
Individually, LIEN INFORMATION
Plaintiffs, Index No.: 35149/2020E
-against-
DENISE UMPIERREZ-MORLEY, M.D.,TIFFANY SIA,
M.D., CHRISTINA SANDERS MANICE, M.D.,
THOMAS DONG YOON SHIN, M.D., AMY WANG,
M.D., MINI KALLARACKAL, N.P., SANDRA
INFANTINO, N.P., SARAH MILBURN, M.D., SUDHA
KASHYAP, M.D., COLUMBIA UNIVERSITY
DEPARTMENT OF OBSTETRICS AND
GYNECOLOGY, NEW YORK-PRESBYTERIAN THE
UNIVERSITY HOSPITAL OF COLUMBIA AND
CORNELL, COLUMBIA DOCTORS, and THE
TRUSTEES OF COLUMBIA UNIVERSITY IN THE
CITY OF NEW YORK,
Defendants.
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C O U N S E L O R S:
PLEASE TAKE NOTICE, that pursuant to 3101 et seq. of the Civil Practice Law and
Rules, you are hereby required to provide MARTIN CLEARWATER & BELL , attorneys for
LLP
defendants, TIFFANY SIA, M.D., within twenty (20) days from the date of service of this demand,
the following items:
A sworn statement as to whether the plaintiff received benefits from Medicaid at any time,
for any reason, not limited to the injuries and treatment alleged in the present action. If so, demand
is further made that plaintiff provide the following:
(a) Plaintiff’s date of birth;
(b) Plaintiff’s Social Security number;
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(c) The Medicaid file and/or identification number;
(d) The name and address of the office handling the Medicaid file;
(e) Copies of all documents in the possession of plaintiff or plaintiff’s attorneys
relating to plaintiff’s receipt of Medicaid benefits, including but not limited
to, claim forms, accompanying checks sent by Medicaid, lien papers, and
all other papers received from Medicaid or the agency handling the
Medicaid claim; and
(f) A duly executed HIPAA compliant authorization bearing plaintiff’s date of
birth and Social Security number and the Medicaid file number permitting
MARTIN CLEARWATER & BELL LLP, or its designee, to obtain copies
of plaintiff’s Medicaid records.
A sworn statement as to whether the plaintiff received benefits from Medicare at any time,
for any reason, not limited to the injuries and treatment alleged in the present action. If so, demand
is further made that plaintiff provide the following:
(a) Plaintiff’s date of birth;
(b) Plaintiff’s Social Security number;
(c) The Medicare file and/or identification number;
(d) The name and address of the office handling the Medicare file;
(e) Copies of all documents in the possession of plaintiff or plaintiff’s attorneys
relating to plaintiff’s receipt of Medicare benefits, including but not limited
to, claim forms, accompanying checks sent by Medicare, lien papers, and
all other papers received from Medicare or the agency handling the
Medicare claim; and
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(f) A duly executed HIPAA compliant authorization bearing plaintiff’s date of
birth and Social Security number and the Medicare file number permitting
MARTIN CLEARWATER & BELL , or its designee, to obtain copies of
LLP
plaintiff’s Medicare records.
PLEASE TAKE FURTHER NOTICE, that the foregoing demands are continuing. In the
event that any of the items are obtained after service of this demand, they are to be furnished to
this office within 30 days of receipt by the plaintiff.
PLEASE TAKE FURTHER NOTICE, that if the demanded information is not known, it
must be so stated in a sworn reply. Defendants will object at the time of trial to the testimony of
any witness not supplied in accordance with this Notice and will take all steps permitted by CPLR
to preserve its rights as to all of the demands.
PLEASE TAKE FURTHER NOTICE, that compliance can be made by forwarding a copy
of these documents through the United States Postal Service within the time allowed.
Dated: East Meadow, New York
January 21, 2021
Yours, etc.
MARTIN CLEARWATER & BELL LLP
By:
Matthew M. Frank
Attorneys for Defendant
TIFFANY SIA, M.D.
90 Merrick Avenue
East Meadow, NY 11554
(516) 222-8500
TO:
Sullivan Papain Block McGrath Coffinas & Cannavo, PC
Attorneys for Plaintiffs
120 Broadway, 27th Floor
New York, New York 10271
(212) 732-9000
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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WILLIAM MARTINEZ and VIVIANA CABRAL, as
Parents and Natural Guardians of S.M., Infant, and DEMAND FOR
WILLIAM MARTINEZ and VIVIAN CABRAL, AUTHORIZATIONS
Individually,
Index No.: 35149/2020E
Plaintiffs,
-against-
DENISE UMPIERREZ-MORLEY, M.D.,TIFFANY SIA,
M.D., CHRISTINA SANDERS MANICE, M.D.,
THOMAS DONG YOON SHIN, M.D., AMY WANG,
M.D., MINI KALLARACKAL, N.P., SANDRA
INFANTINO, N.P., SARAH MILBURN, M.D., SUDHA
KASHYAP, M.D., COLUMBIA UNIVERSITY
DEPARTMENT OF OBSTETRICS AND
GYNECOLOGY, NEW YORK-PRESBYTERIAN THE
UNIVERSITY HOSPITAL OF COLUMBIA AND
CORNELL, COLUMBIA DOCTORS, and THE
TRUSTEES OF COLUMBIA UNIVERSITY IN THE
CITY OF NEW YORK,
Defendants.
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C O U N S E L O R S:
PLEASE TAKE NOTICE, that pursuant to CPLR Section 3121, you are hereby required
to forward to MARTIN CLEARWATER & BELL LLP , 90 Merrick Avenue, Suite 401, East
Meadow, New York 11554, attorneys for defendant TIFFANY SIA, M.D., on or before the 11th
day of February 2021, duly executed and acknowledged written authorizations which comply with
the requirements imposed by the Health Insurance Portability and Accountability Act of
1996 (HIPAA) permitting MARTIN CLEARWATER & BELL LLP to obtain photostatic copies
and have full disclosure of all records comprised of medical treatment.
1. All prior and subsequent treating physicians and institutions.
Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1)
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FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021
PLEASE TAKE FURTHER NOTICE, that your failure to comply with this Demand will
result, inter alia, in a motion to preclude any evidence or testimony at the trial of this action
regarding the plaintiff's mental or physical condition.
Dated: East Meadow, New York
January 21, 2021
Yours, etc.
MARTIN CLEARWATER & BELL LLP
By:
Matthew M. Frank
Attorneys for Defendant
TIFFANY SIA, M.D.
90 Merrick Avenue
East Meadow, NY 11554
(516) 222-8500
TO:
Sullivan Papain Block McGrath Coffinas & Cannavo, PC
Attorneys for Plaintiffs
120 Broadway, 27th Floor
New York, New York 10271
(212) 732-9000
Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 2
18 of 40
FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021
MMF/lc
00016-087258
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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WILLIAM MARTINEZ and VIVIANA CABRAL, as
Parents and Natural Guardians of S.M., Infant, and NOTICE OF
WILLIAM MARTINEZ and VIVIAN CABRAL, DISCOVERY AND
Individually, INSPECTION OF
Preview
FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 MMF/lc 00016-087258 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X WILLIAM MARTINEZ and VIVIANA CABRAL, as Parents and Natural Guardians of S.M., Infant, and VERIFIED ANSWER WILLIAM MARTINEZ and VIVIAN CABRAL, Individually, Index No.: 35149/2020E Plaintiffs, -against- DENISE UMPIERREZ-MORLEY, M.D.,TIFFANY SIA, M.D., CHRISTINA SANDERS MANICE, M.D., THOMAS DONG YOON SHIN, M.D., AMY WANG, M.D., MINI KALLARACKAL, N.P., SANDRA INFANTINO, N.P., SARAH MILBURN, M.D., SUDHA KASHYAP, M.D., COLUMBIA UNIVERSITY DEPARTMENT OF OBSTETRICS AND GYNECOLOGY, NEW YORK-PRESBYTERIAN THE UNIVERSITY HOSPITAL OF COLUMBIA AND CORNELL, COLUMBIA DOCTORS, and THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Defendants. ---------------------------------------------------------------------X Defendant TIFFANY SIA, M.D., by her attorneys, MARTIN CLEARWATER & BELL LLP, answers the plaintiffs’ complaint as follows, upon information and belief: AS TO THE FIRST CAUSE OF ACTION 1. Denies knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs of the complaint designated “1”, “104”, “105”, “106”, “116”, “117”, “118”, “128”, “129” and “130” except begs leave to refer all questions of fact to the trier of fact and all questions of law to the Court. 2. Denies knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs of the complaint designated “2”, “4”, “5”, “6”, “7”, “8”, “9”, “10”, “11”, “12”, “13”, “14”, “15”, “16”, “20”, “21”, “22”, “23”, “24”, “25”, “26”, “27”, “28”, “29”, “30”, “31”, “32”, “33”, “34”, “35”, “36”, “37”, “38”, “39”, “40”, “41”, “42”, “43”, “47”, “48”, “49”, “50”, “51”, “52”, “53”, “54”, “55”, “56”, “57”, “58”, “59”, “60”, “61”, “62”, Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 1 of 40 FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 “63”, “64”, “65”, “66”, “67”, “68”, “69”, “70”, “74”, “75”, “76”, “77”, “78”, “79”, “80”, “81”, “82”, “83”, “84”, “85”, “86”, “87”, “88”, “89”, “90”, “91”, “92”, “93”, “94”, “95”, “97”, “98”, “99”, “100”, “101”, “102”, “103”, “107”, “109”, “110”, “111”, “112”, “113”, “114”, “115”, “116”, “119”, “121”, “122”, “123”, “124”, “125”, “126” and “127”. 3. Denies each and every allegation contained in the paragraph of the complaint designated “3” except admits that the defendant is a physician duly licensed to practice medicine in the State of New York. 4. Denies each and every allegation contained in the paragraph of the complaint designated “17” and “18” except admits that said defendant was, and still is, associated with the defendant Hospital. 5. Denies each and every allegation contained in the paragraph of the complaint designated “19” except admits that said defendant was, and still is, associated with the defendant Hospital and admits that defendant rendered certain professional services in accordance with acceptable medical standards and due care. 6. Denies each and every allegation contained in the paragraph of the complaint designated “44”, “45”, “71” and “72” except admits that defendant was and is associated with the defendant institution at the time of the dates alleged in the Complaint and begs leave to refer all questions of fact to the trier of fact and all questions of law to the Court. 7. Denies each and every allegation contained in the paragraph of the complaint designated “46” and “73” except admits that defendant rendered certain professional services in accordance with acceptable medical standards and due care, admits that defendant was and is associated with the defendant institution at the time of the dates alleged in the Complaint and begs leave to refer all questions of fact to the trier of fact and all questions of law to the Court. 8. Denies each and every allegation contained in the paragraph of the complaint designated “96”, “108” and “120” except admits that defendant rendered certain professional services in accordance with acceptable medical standards and due care. 9. Denies each and every allegation contained in the paragraph of the complaint designated “131” and “132”. Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 2 2 of 40 FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 10. Denies each and every allegation contained in the paragraph of the complaint designated “133” and “134” except begs leave to refer all questions of fact to the trier of fact and all questions of law to the Court. AS TO THE SECOND CAUSE OF ACTION 11. Denies knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs of the complaint designated “135” except begs leave to refer all questions of fact to the trier of fact and all questions of law to the Court. 12. Denies each and every allegation contained in the paragraph of the complaint designated “136”. 13. Denies each and every allegation contained in the paragraph of the complaint designated “137”, “138” and “139” except begs leave to refer all questions of fact to the trier of fact and all questions of law to the Court. AS A FIRST AFFIRMATIVE DEFENSE 14. Defendant TIFFANY SIA, M.D. denies liability, but if liability is found against this defendant and the liability is found to be 50% or less of the total liability assigned to all persons liable, then this defendant invokes the limits on liability for noneconomic loss set forth in CPLR §1601. AS A SECOND AFFIRMATIVE DEFENSE 15. That defendant asserts the terms, provisions, limitations and rights contained in §4545 of the CPLR. AS A THIRD AFFIRMATIVE DEFENSE 16. Upon information and belief, that the alleged cause or causes of action, if any, stated in the complaint, on behalf of the plaintiffs are barred by the applicable statute of limitations. Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 3 3 of 40 FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 AS A FOURTH AFFIRMATIVE DEFENSE 17. Whatever injuries plaintiffs may have sustained at the time and place alleged in the complaint were caused in whole or in part or were contributed to by the culpable conduct and want of care on the part of the plaintiffs. AS A FIFTH AFFIRMATIVE DEFENSE 18. This Court lacks personal jurisdiction over defendant TIFFANY SIA, M.D. and was not properly served with process. WHEREFORE, defendant TIFFANY SIA, M.D. demands judgment dismissing the complaint herein, together with the costs and disbursements of this action. Dated: East Meadow, New York January 21, 2021 Yours, etc. MARTIN CLEARWATER & BELL LLP By: Matthew M. Frank Attorneys for Defendant TIFFANY SIA, M.D. 90 Merrick Avenue East Meadow, NY 11554 (516) 222-8500 TO: Sullivan Papain Block McGrath Coffinas & Cannavo, PC Attorneys for Plaintiffs 120 Broadway, 27th Floor New York, New York 10271 (212) 732-9000 Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 4 4 of 40 FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 MMF/lc 00016-087258 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X WILLIAM MARTINEZ and VIVIANA CABRAL, as Parents and Natural Guardians of S.M., Infant, and DEMAND FOR A WILLIAM MARTINEZ and VIVIAN CABRAL, VERIFIED BILL Individually, OF PARTICULARS Plaintiffs, Index No.: 35149/2020E -against- DENISE UMPIERREZ-MORLEY, M.D.,TIFFANY SIA, M.D., CHRISTINA SANDERS MANICE, M.D., THOMAS DONG YOON SHIN, M.D., AMY WANG, M.D., MINI KALLARACKAL, N.P., SANDRA INFANTINO, N.P., SARAH MILBURN, M.D., SUDHA KASHYAP, M.D., COLUMBIA UNIVERSITY DEPARTMENT OF OBSTETRICS AND GYNECOLOGY, NEW YORK-PRESBYTERIAN THE UNIVERSITY HOSPITAL OF COLUMBIA AND CORNELL, COLUMBIA DOCTORS, and THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Defendants. ---------------------------------------------------------------------X C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to Rule 3041 et seq. of the Civil Practice Law and Rules, you are hereby required to serve upon MARTIN CLEARWATER & BELL LLP , attorneys for defendant TIFFANY SIA, M.D., within twenty (20) days after the service of a copy of this Demand, a Verified Bill of Particulars of the Complaint, setting forth in detail the following: 1. The manner and respect in which it is claimed defendant TIFFANY SIA, M.D., (hereinafter referred to as "defendant"), was negligent, careless and unskillful, including but not limited to the following: A. State each test or procedure which it will be claimed should not have been performed by the defendant. B. State each test or procedure which it will be claimed was performed improperly by the defendant and in what respect. Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 5 of 40 FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 C. State each additional test or procedure which it will be claimed should have been performed by the defendant. D. State each drug or medication which it will be claimed should not have been administered by the defendant. E. State each drug or medication which it will be claimed was administered in an improper dosage or manner, or both, by the defendant and in what respect. F. State each additional drug which it will be claimed should have been administered by the defendant. G. If it will be claimed that a misdiagnosis was made by the defendant, state what the misdiagnosis was and state what the proper diagnosis should have been. H. If it will be claimed that there was a lack of adequate consultation by the defendant, state each specialist who should have been consulted, and at what point in the treatment. I. If it will be claimed that improper preoperative procedures were performed by the defendant, state which procedures were improper and what the proper preoperative procedures are claimed to be. J. If it will be claimed that improper postoperative procedures were performed by the defendant, state which procedures were improper and what the proper postoperative procedures are claimed to be. K. If it will be claimed that improper operative procedures were performed by the defendant, state which procedures were improper and what the proper operative procedures are claimed to be. L. If it will be claimed that defendant ignored any signs, symptoms, complaints or past history, identify the signs, symptoms, complaints or past history which were ignored. Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 2 6 of 40 FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 M. If it will be claimed that there was improper treatment in any other respect, state what the proper treatment should have been. 2. Did the defendant's alleged malpractice occur in the course of an emergency treatment, procedure or surgery? 3. If it will be claimed that any of the acts or omissions particularized in item[s] 1 [and 2] above were performed by another for whose acts or omissions the defendant has legal responsibility, state as to each such act or omission the name of the person who performed it, and that person's legal relationship to the defendant. 4. If it is claimed that any equipment or other medical instruments were defective or otherwise improper, identify the equipment or instruments, the manufacturer, set forth in what respects they were defective or improper, and identify the person(s) who used, owned and controlled the equipment or instruments at the time of the patient's treatment. 5. Set forth the following: A. The date of each treatment claimed to have been rendered by defendant. B. The date of each act of negligence claimed to have been committed by defendant. C. The place of each treatment claimed to have been rendered by defendant. 6. Set forth the following: A. The nature, location and extent of each injury which it will be claimed was caused by the negligence of defendant. B. If any injuries are claimed to be permanent, so state. C. State how it will be claimed each of said injuries was caused by the alleged negligence. 7. If it will be claimed that the aforesaid injuries necessitated treatment at any institutions, set forth: A. The name of each institution. B. The dates of confinement or outpatient treatment at each institution. Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 3 7 of 40 FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 8. If it will be claimed that the aforesaid injuries necessitated confinement to bed or home, set forth the following: A. The dates of confinement to home. B. The dates of confinement to bed. 9. If it is reasonably anticipated that the claimed aforesaid injuries will necessitate future confinement to bed or home, set forth the following: A. Anticipated period of time of confinement to home. B. Anticipated period of time of confinement to bed. 10. If it will be claimed that the aforesaid injuries necessitated treatment by any physicians, psychologists or other therapists, set forth: A. The name of each such person. B. That person's address. C. The dates of the patient's treatment. 11. If loss of earnings will be claimed to have resulted from the alleged negligence, set forth the following: A. The loss of earnings that will be claimed. B. The name and address of the employer at the time of the alleged negligence. C. The claimant's occupation at the time of the alleged negligence. D. The claimant's gross earnings for the last calendar year prior to the alleged negligence. E. The claimant's gross earnings for any calendar year(s) during which it will be claimed the claimant was incapacitated from work. F. If the claimant was employed by another immediately prior to the alleged incapacitation, state: (1) The name and address of the employer. (2) The claimant's weekly gross salary at that time. Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 4 8 of 40 FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 G. If the claimant was in whole or in part self-employed, state the claimant's earnings from such self-employment for each of the three (3) years prior to the alleged incapacitation. H. The last date the claimant worked prior to the alleged incapacitation. I. The dates the claimant worked prior to the alleged incapacitation. J. The amount and source of any reimbursement to the claimant or others for the alleged loss of earnings. K. The name and address of the claimant's present employer. 12. If it is reasonably anticipated that further loss of earnings will be incurred in the future as a result of the alleged negligence, set forth: A. Anticipated future loss of earnings, stating the reason for said further loss of earnings. B. Anticipated period of time that future loss of earnings will be incurred. 13. If any special damages are claimed as a result of the alleged malpractice, set forth the following: A. The charges for the above-named hospitals, separately listing each hospital bill. B. Physicians' charges. C. Charges for medicine, itemizing the medicines charged for. D. Other (specify). 14. If anyone other than the patient has paid or has incurred the expenses claimed in the preceding paragraph, state the amount or extent of such reimbursement and that person's address and relationship, if any, to the patient. Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 5 9 of 40 FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 15. If anyone has, or can reasonably be expected to reimburse the patient or others for the expenses claimed above in Paragraph 14, state the amount or extent of such reimbursement and the name and address of the reimbursor. 16. If it is reasonably anticipated that further expenses will be incurred in the future as a result of the alleged negligence, set forth such expenses, stating the reason for said expenses and the anticipated period of time that said expenses will be incurred, including but not limited to: A. Anticipated physicians' charges. B. Anticipated hospital charges. C. Anticipated charges for medicine. D. Anticipated nursing charges. E. Other (specify). 17. If anyone can be reasonably expected to pay or provide reimbursement for any anticipated expenses detailed in the foregoing paragraph, state that reimbursor's name, address and the amount and extent of such payment or reimbursement. 18. State the residence of the plaintiffs at the time this action was commenced. 19. State the date of birth of the plaintiff s. 20. State the Social Security number of the plaintiffs. 21. If it will be claimed that the limitations on liability set forth in CPLR Article 16 do not apply, state specifically each and every exception to Article 16 set forth in CPLR § 1602 which applies to the cause or causes of action herein and the basis for invoking such exemptions. 22. If loss of services on behalf of a parent is claimed, please state: Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 6 10 of 40 FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 A. the allegations as to the services of which plaintiffs has been deprived; and B. the length of time that plaintiffs has been and/or will be deprived of each such service. Dated: East Meadow, New York January 21, 2021 Yours, etc. MARTIN CLEARWATER & BELL LLP By: Matthew M. Frank Attorneys for Defendant TIFFANY SIA, M.D. 90 Merrick Avenue East Meadow, NY 11554 (516) 222-8500 TO: Sullivan Papain Block McGrath Coffinas & Cannavo, PC Attorneys for Plaintiffs 120 Broadway, 27th Floor New York, New York 10271 (212) 732-9000 Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 7 11 of 40 FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 MMF/lc 00016-087258 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X WILLIAM MARTINEZ and VIVIANA CABRAL, as Parents and Natural Guardians of S.M., Infant, and NOTICE TO TAKE WILLIAM MARTINEZ and VIVIAN CABRAL, DEPOSITION UPON Individually, ORAL EXAMINATION Plaintiffs, Index No.: 35149/2020E -against- DENISE UMPIERREZ-MORLEY, M.D.,TIFFANY SIA, M.D., CHRISTINA SANDERS MANICE, M.D., THOMAS DONG YOON SHIN, M.D., AMY WANG, M.D., MINI KALLARACKAL, N.P., SANDRA INFANTINO, N.P., SARAH MILBURN, M.D., SUDHA KASHYAP, M.D., COLUMBIA UNIVERSITY DEPARTMENT OF OBSTETRICS AND GYNECOLOGY, NEW YORK-PRESBYTERIAN THE UNIVERSITY HOSPITAL OF COLUMBIA AND CORNELL, COLUMBIA DOCTORS, and THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Defendants. ---------------------------------------------------------------------X C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules the testimony, upon oral examination of plaintiffs, WILLIAM MARTINEZ and VIVIANA CABRAL, as adverse parties, will be taken before a Notary Public who is not an attorney, or an employee of an attorney, for any party or prospective party herein and is not a person who would be disqualified to act as juror because of interest or because of consanguinity or affinity to any party herein, at the Courthouse, located at 851 Grand Concourse, Bronx, New York, on the 11th day of February 2021 at 10:00 o'clock in the forenoon of that day, with respect to evidence material and necessary in the defense of this action, including negligence, contributory negligence, liability and damages. That each said deponent to be examined is required to produce at such examination the following: Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 12 of 40 FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 1. Any and all bills, books, diaries, writings and other memoranda in his/her possession or in the possession of his/her attorneys relating to the events in issue or any element of the claimed damages. 2. Any document reviewed by the deponent, prior to the commencement of the deposition, to prepare for the deposition and/or to refresh the deponent's recollection regarding the facts of this case. Dated: East Meadow, New York January 21, 2021 Yours, etc. MARTIN CLEARWATER & BELL LLP By: Matthew M. Frank Attorneys for Defendant TIFFANY SIA, M.D. 90 Merrick Avenue East Meadow, NY 11554 (516) 222-8500 TO: Sullivan Papain Block McGrath Coffinas & Cannavo, PC Attorneys for Plaintiffs 120 Broadway, 27th Floor New York, New York 10271 (212) 732-9000 Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 2 13 of 40 FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 MMF/lc 00016-087258 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X WILLIAM MARTINEZ and VIVIANA CABRAL, as Parents and Natural Guardians of S.M., Infant, and DEMAND FOR WILLIAM MARTINEZ and VIVIAN CABRAL, MEDICAID/MEDICARE Individually, LIEN INFORMATION Plaintiffs, Index No.: 35149/2020E -against- DENISE UMPIERREZ-MORLEY, M.D.,TIFFANY SIA, M.D., CHRISTINA SANDERS MANICE, M.D., THOMAS DONG YOON SHIN, M.D., AMY WANG, M.D., MINI KALLARACKAL, N.P., SANDRA INFANTINO, N.P., SARAH MILBURN, M.D., SUDHA KASHYAP, M.D., COLUMBIA UNIVERSITY DEPARTMENT OF OBSTETRICS AND GYNECOLOGY, NEW YORK-PRESBYTERIAN THE UNIVERSITY HOSPITAL OF COLUMBIA AND CORNELL, COLUMBIA DOCTORS, and THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Defendants. ---------------------------------------------------------------------X C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to 3101 et seq. of the Civil Practice Law and Rules, you are hereby required to provide MARTIN CLEARWATER & BELL , attorneys for LLP defendants, TIFFANY SIA, M.D., within twenty (20) days from the date of service of this demand, the following items: A sworn statement as to whether the plaintiff received benefits from Medicaid at any time, for any reason, not limited to the injuries and treatment alleged in the present action. If so, demand is further made that plaintiff provide the following: (a) Plaintiff’s date of birth; (b) Plaintiff’s Social Security number; Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 14 of 40 FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 (c) The Medicaid file and/or identification number; (d) The name and address of the office handling the Medicaid file; (e) Copies of all documents in the possession of plaintiff or plaintiff’s attorneys relating to plaintiff’s receipt of Medicaid benefits, including but not limited to, claim forms, accompanying checks sent by Medicaid, lien papers, and all other papers received from Medicaid or the agency handling the Medicaid claim; and (f) A duly executed HIPAA compliant authorization bearing plaintiff’s date of birth and Social Security number and the Medicaid file number permitting MARTIN CLEARWATER & BELL LLP, or its designee, to obtain copies of plaintiff’s Medicaid records. A sworn statement as to whether the plaintiff received benefits from Medicare at any time, for any reason, not limited to the injuries and treatment alleged in the present action. If so, demand is further made that plaintiff provide the following: (a) Plaintiff’s date of birth; (b) Plaintiff’s Social Security number; (c) The Medicare file and/or identification number; (d) The name and address of the office handling the Medicare file; (e) Copies of all documents in the possession of plaintiff or plaintiff’s attorneys relating to plaintiff’s receipt of Medicare benefits, including but not limited to, claim forms, accompanying checks sent by Medicare, lien papers, and all other papers received from Medicare or the agency handling the Medicare claim; and Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 2 15 of 40 FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 (f) A duly executed HIPAA compliant authorization bearing plaintiff’s date of birth and Social Security number and the Medicare file number permitting MARTIN CLEARWATER & BELL , or its designee, to obtain copies of LLP plaintiff’s Medicare records. PLEASE TAKE FURTHER NOTICE, that the foregoing demands are continuing. In the event that any of the items are obtained after service of this demand, they are to be furnished to this office within 30 days of receipt by the plaintiff. PLEASE TAKE FURTHER NOTICE, that if the demanded information is not known, it must be so stated in a sworn reply. Defendants will object at the time of trial to the testimony of any witness not supplied in accordance with this Notice and will take all steps permitted by CPLR to preserve its rights as to all of the demands. PLEASE TAKE FURTHER NOTICE, that compliance can be made by forwarding a copy of these documents through the United States Postal Service within the time allowed. Dated: East Meadow, New York January 21, 2021 Yours, etc. MARTIN CLEARWATER & BELL LLP By: Matthew M. Frank Attorneys for Defendant TIFFANY SIA, M.D. 90 Merrick Avenue East Meadow, NY 11554 (516) 222-8500 TO: Sullivan Papain Block McGrath Coffinas & Cannavo, PC Attorneys for Plaintiffs 120 Broadway, 27th Floor New York, New York 10271 (212) 732-9000 Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 3 16 of 40 FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 MMF/lc 00016-087258 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X WILLIAM MARTINEZ and VIVIANA CABRAL, as Parents and Natural Guardians of S.M., Infant, and DEMAND FOR WILLIAM MARTINEZ and VIVIAN CABRAL, AUTHORIZATIONS Individually, Index No.: 35149/2020E Plaintiffs, -against- DENISE UMPIERREZ-MORLEY, M.D.,TIFFANY SIA, M.D., CHRISTINA SANDERS MANICE, M.D., THOMAS DONG YOON SHIN, M.D., AMY WANG, M.D., MINI KALLARACKAL, N.P., SANDRA INFANTINO, N.P., SARAH MILBURN, M.D., SUDHA KASHYAP, M.D., COLUMBIA UNIVERSITY DEPARTMENT OF OBSTETRICS AND GYNECOLOGY, NEW YORK-PRESBYTERIAN THE UNIVERSITY HOSPITAL OF COLUMBIA AND CORNELL, COLUMBIA DOCTORS, and THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Defendants. ---------------------------------------------------------------------X C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to CPLR Section 3121, you are hereby required to forward to MARTIN CLEARWATER & BELL LLP , 90 Merrick Avenue, Suite 401, East Meadow, New York 11554, attorneys for defendant TIFFANY SIA, M.D., on or before the 11th day of February 2021, duly executed and acknowledged written authorizations which comply with the requirements imposed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) permitting MARTIN CLEARWATER & BELL LLP to obtain photostatic copies and have full disclosure of all records comprised of medical treatment. 1. All prior and subsequent treating physicians and institutions. Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 17 of 40 FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 PLEASE TAKE FURTHER NOTICE, that your failure to comply with this Demand will result, inter alia, in a motion to preclude any evidence or testimony at the trial of this action regarding the plaintiff's mental or physical condition. Dated: East Meadow, New York January 21, 2021 Yours, etc. MARTIN CLEARWATER & BELL LLP By: Matthew M. Frank Attorneys for Defendant TIFFANY SIA, M.D. 90 Merrick Avenue East Meadow, NY 11554 (516) 222-8500 TO: Sullivan Papain Block McGrath Coffinas & Cannavo, PC Attorneys for Plaintiffs 120 Broadway, 27th Floor New York, New York 10271 (212) 732-9000 Martinez_Cabral - answer as to TIFFANY SIA_ M.D.(4014618.1) 2 18 of 40 FILED: BRONX COUNTY CLERK 01/21/2021 03:52 PM INDEX NO. 35149/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/21/2021 MMF/lc 00016-087258 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X WILLIAM MARTINEZ and VIVIANA CABRAL, as Parents and Natural Guardians of S.M., Infant, and NOTICE OF WILLIAM MARTINEZ and VIVIAN CABRAL, DISCOVERY AND Individually, INSPECTION OF