On September 12, 2016 a
Exhibit,Appendix
was filed
involving a dispute between
Cheryl Kausner,
Thomas Kausner,
and
Andrew Cappuccino M.D.,
Buffalo Spine Surgery, Pllc,
Eastern Niagara Hospital, Inc.,
Eastern Niagara Radiology And Nuclear Medicine Associates Pc,
Eric Dean Rpa-C,
Harnath B. Clerk M.D.,
Harnath B. Clerk, M.D., P.C.,
Robert E. Lutnick M.D.,
for Torts - Medical, Dental, or Podiatrist Malpractice
in the District Court of Niagara County.
Preview
FILED: NIAGARA COUNTY CLERK 11/15/2017 01:04 PM INDEX NO. E159518/2016
NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 11/15/2017
FILED: NIAGARA COUNTY CLERK 11/15/2017 01:04 PM INDEX NO. E159518/2016
NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 11/15/2017
FITZGERALD & ROLLER, P .C.
ATTORNEYS AND COUNSELORS AT LAW
BRIAN P. FITZGERALD 509 LIBERTY BUILDING
DEREK]. ROLLER
424 MAIN STR EET
BUFFALO, NEW YORK 14202-3505
(716) 852-2000
TELEFAX: (716) 852-2002
July 14, 2017
Joseph V. McCarthy, Esq.
Roach Brown McCarthy & Gruber PC
1920 Liberty Building
424 Main Street
Buffalo, New York 14202
Re: Kausner v. Cappuccino, et al.
PC File No. 6646
Dear Mr. McCarthy:
I write this letter with respect to the Bills of Particulars as to affirmative defenses
which you have served on behalf of Dr. Lutnick and Eastern Niagara Hospital. With
respect to the demands for the bills of particulars as to the culpable conduct defense,
injuries caused by unnamed parties, assumption of the risk, failure to state a cause of
action, and as to the negligence of co-defendants, you have failed to provide particulars.
A defendant may not claim that he cannot answer because he does not have the
particulars and reserve the right to serve a supplemental bill of particulars upon the
completion of discovery. McLean v. Huntington Hospital, 222 A.D.2d 533 (2 nd Dept.
th
1996); and Mahar v. Fichte, 298 A.D.2d 948 (4 Dept. 2002). Please withdraw those
defenses or we will move to preclude and strike.
Very truly yours,
Brian P. Fitzgerald
BPF/ec
cc: Brian J. Weidner, Esq.
Michael J. Roach, Esq.
Document Filed Date
November 15, 2017
Case Filing Date
September 12, 2016
Category
Torts - Medical, Dental, or Podiatrist Malpractice
Status
Disposed-Court Date/Application Pending
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Preview
FILED: NIAGARA COUNTY CLERK 11/15/2017 01:04 PM INDEX NO. E159518/2016 NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 11/15/2017 FILED: NIAGARA COUNTY CLERK 11/15/2017 01:04 PM INDEX NO. E159518/2016 NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 11/15/2017 FITZGERALD & ROLLER, P .C. ATTORNEYS AND COUNSELORS AT LAW BRIAN P. FITZGERALD 509 LIBERTY BUILDING DEREK]. ROLLER 424 MAIN STR EET BUFFALO, NEW YORK 14202-3505 (716) 852-2000 TELEFAX: (716) 852-2002 July 14, 2017 Joseph V. McCarthy, Esq. Roach Brown McCarthy & Gruber PC 1920 Liberty Building 424 Main Street Buffalo, New York 14202 Re: Kausner v. Cappuccino, et al. PC File No. 6646 Dear Mr. McCarthy: I write this letter with respect to the Bills of Particulars as to affirmative defenses which you have served on behalf of Dr. Lutnick and Eastern Niagara Hospital. With respect to the demands for the bills of particulars as to the culpable conduct defense, injuries caused by unnamed parties, assumption of the risk, failure to state a cause of action, and as to the negligence of co-defendants, you have failed to provide particulars. A defendant may not claim that he cannot answer because he does not have the particulars and reserve the right to serve a supplemental bill of particulars upon the completion of discovery. McLean v. Huntington Hospital, 222 A.D.2d 533 (2 nd Dept. th 1996); and Mahar v. Fichte, 298 A.D.2d 948 (4 Dept. 2002). Please withdraw those defenses or we will move to preclude and strike. Very truly yours, Brian P. Fitzgerald BPF/ec cc: Brian J. Weidner, Esq. Michael J. Roach, Esq.