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FILED: KINGS COUNTY CLERK 08/11/2020 10:05 AM INDEX NO. 514577/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/11/2020
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS Date Purchased:
-------------------------------------------X
BARBARA SACKAROFF, Plaintiff designates
Plaintiff, KINGS
- against -
County as the place of trial
SUDHIR DIWAN, M.D.,
SUDHIR DIWAN, MD LLC, The basis of the venue is
ADVANCED SPINE ON PARK AVENUE MSO, LLC, Per CPLR Section 509
MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC,
IGOR AMIGUD, M.D., SUl@IONS
JANDE WEEKS, CRNA,
IGOR AMIGUD PHYSICIAN P.C., Plaintiff resides at
FIFTH AVENUE SURGERY CENTER, LLC, 9322 Third Ave
Brooklyn, New York
Defendants.
To the above named Defendant(s)
You are hereby smnmaned to answer the complaint in this
action and to serve a copy of your answer, or, if the complaint is
not served with this summons, to serve a notice of appearance, on
Plaintiff'
the Attorney(s) within twenty days after the service of
this summons, exclusive of the day of service (or within 30 days
after the 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: Seaford, New York
August 10, 2020
THE SELVIN LAW FIRM, PLLC
Sabrina E ub, Esq.
Attorne for Plaintiff
3956 Merrick Road
Seaford, New York 11783
(516)992-0805
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Service Lis t :
• SUDHIR DIWAN, M. D . -115 E.57th Suite 610 New York NY 10022;
Street, , ,
• SUDHIR DIWAN, MD LLC-115 E.57th Suite 610 New York NY
Street, , ,
10022 or Secretary of State;
• ADVANCED SPINE ON PARK AVENUE LLC-115 E.57th Suite
MSO, Street, 610,
New York , NY 10022 or Secretary of State;
• MANHATTAN SPINE AND PAIN MANAGEMENT PLLC-133 E.58* Suite
, Street,
811, New York, NY, 10022;
• IGOR AMIGUD M. D.- 1049
58 Avenue New York NY
, , , 10028;
• JANDE WEEKS CRNA- 1049 5th Avenue New York NY
, , , 10028;
• IGOR AMIGUD PHYSICIAN E.53rd
P . C.-211 Street , Suite 3K , New York , NY
10022;
• FIFTH AVENUE SURGERY LLC-1049 5th Avenue New York NY
CENTER, , ,
10028;
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------X Index No.:
BARBARA SACKAROFF,
Verified
Plaintiff, COMPLAINT
- against -
SUDHIR DIWAN, M.D.,
SUDHIR DIWAN, MD LLC,
ADVANCED SPINE ON PARK AVENUE MSO, LLC,
MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC,
IGOR AMIGUD, M.D.,
JANDE WEEKS, CRNA,
IGOR AMIGUD PHYSICIAN P.C.,
FIFTH AVENUE SURGERY CENTER, LLC,
Defendants.
-------------------------------------------X
Plaintiff, by her attorneys, THE SELVIN LAW FIRM, PLLC,
complaining of the Defendants, alleges:
BACKGROUND
1. Plaintiff, BARBARA SACKAROFF, is an individual residing
in the County of Kings, State of New York.
2. On information and belief, from on or about September
1, 2019 through and until a continuous course of treatment
including January 7, 2020, the Defendant, SUDHIR DIWAN, M.D. was,
and still is, a doctor licensed to practice medicine in the
State of New York.
3. From on or about September 1, 2019 through and until a
continuous course of treatment including January 7, 2020, the
defendant SUDHIR DIWAN, M.D. entered into a physician-patient
relationship with BARBARA SACKAROFF.
4. On information and belief, from on or about September 1,
2019 through and until a continuous course of treatment including
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January 7, 2020, the defendant, SUDHIR DIWAN, M.D., was an
employee of defendant SUDHIR DIWAN, MD LLC.
5. On information and belief, from on or about September 1,
2019 through and until a continuous course of treatment including
January 7, 2020, the defendant, SUDHIR DIWAN, M.D., was an
independent contractor working at the defendant SUDHIR DIWAN, MD
LLC.
6. On information and belief, from on or about September 1,
2019 through and until a continuous course of treatment including
January 7, 2020, defendant SUDHIR DIWAN, M.D. was an
owner/shareholder of defendant SUDHIR DIWAN, MD LLC.
7. On information and belief, from on or about September 1,
2019 through and until a continuous course of treatment including
January 7, 2020, the defendant, SUDHIR DIWAN, M.D., was an
employee of defendant ADVANCED SPINE ON PARK AVENUE MSO, LLC.
8. On information and belief, from on or about September 1,
2019 through and until a continuous course of treatment including
January 7, 2020, the defendant, SUDHIR DIWAN, M.D., was an
independent contractor working at the defendant ADVANCED SPINE ON
PARK AVENUE MSO, LLC.
9. On information and belief, from on or about September 1,
2019 through and until a continuous course of treatment including
January 7, 2020, defendant SUDHIR DIWAN, M.D. was an
owner/shareholder of defendant ADVANCED SPINE ON PARK AVENUE MSO,
LLC.
10. On information and belief, from on or about September 1,
2019 through and until a continuous course of treatment including
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January 7, 2020, the defendant, SUDHIR DIWAN, M.D., was and still
is an employee of defendant MANHATTAN SPINE AND PAIN MANAGEMENT,
PLLC.
11. On information and belief, from on or about September 1,
2019 through and until a continuous course of treatment including
January 7, 2020, the defendant, SUDHIR DIWAN, M.D., was and still
is an independent contractor working at the defendant MANHATTAN
SPINE AND PAIN MANAGEMENT, PLLC.
12. On information and belief, from on or about September 1,
2019 through and until a continuous course of treatment including
January 7, 2020, defendant SUDHIR DIWAN, M.D. was and still is an
owner/shareholder of defendant MANHATTAN SPINE AND PAIN
MANAGEMENT, PLLC.
13. On information and belief, from on or about September 1,
2019 through and until a continuous course of treatment including
January 7, 2020, defendant SUDHIR DIWAN, MD LLC was and still is a
foreign professional service limited liability company, organized
and existing pursuant to the laws of the State of New York.
14. On information and belief, from on or about September 1,
2019 through and until a continuous course of treatment including
BARBARA SACKAROFF was involved in a physician-
January 7, 2020,
patient relationship with defendant SUDHIR DIWAN, MD LLC.
15. On information and belief, from on or about September 1,
2019 through and until a continuous course of treatment including
January 7, 2020, defendant ADVANCED SPINE ON PARK AVENUE MSO, LLC,
was and still is a domestic professional limited liability
company, organized and existing pursuant to the laws of the State
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of New York.
16. On information and belief, from on or about September 1,
2019 through and until a continuous course of treatment including
BARBARA SACKAROFF was involved in a physician-
January 7, 2020,
patient relationship with defendant ADVANCED SPINE ON PARK AVENUE
MSO, LLC.
17. On information and belief, from on or about September 1,
2019 through and until a continuous course of treatment including
January 7, 2020, defendant MANHATTAN SPINE AND PAIN MANAGEMENT,
PLLC was and still is a domestic professional limited liability
company, organized and existing pursuant to the laws of the State
of New York.
18. On information and belief, from on or about September 1,
2019 through and until a continuous course of treatment including
BARBARA SACKAROFF was involved in a physician-
January 7, 2020,
patient relationship with defendant MANHATTAN SPINE AND PAIN
MANAGEMENT, PLLC.
19. On information and belief, on January 7, 2020, the
Defendant, IGOR AMIGUD, M.D. was, and still is, a doctor licensed
to practice medicine in the State of New York.
20. On January 7, 2020, the defendant IGOR AMIGUD, M.D.
entered into a physician-patient relationship with BARBARA
SACKAROFF.
21. On information and belief, on or about January 7, 2020,
the defendant, IGOR AMIGUD, M.D., was and still is an employee of
defendant IGOR AMIGUD PHYSICIAN P.C.,
22. On information and belief, on or about January 7, 2020,
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the defendant, SUDHIR DIWAN, M.D., was and still is an independent
contractor working at the defendant IGOR AMIGUD PHYSICIAN P.C.
23. On or about January 7, 2020, defendant SUDHIR DIWAN,
M.D. was and still is an owner/shareholder of defendant IGOR
AMIGUD PHYSICIAN P.C.
24. On information and belief, on or about January 7, 2020,
the defendant, IGOR AMIGUD, M.D., was and still is an employee of
defendant FIFTH AVENUE SURGERY CENTER, LLC.
25. On information and belief, on or about January 7, 2020,
the defendant, IGOR AMIGUD, M.D., was and still is an independent
contractor working at the defendant FIFTH AVENUE SURGERY CENTER,
LLC.
26. On information and belief, on or about January 7, 2020,
defendant IGOR AMIGUD, M.D. was and still is an owner/shareholder
of defendant FIFTH AVENUE SURGERY CENTER, LLC.
27. On information and belief, on January 7, 2020, the
Defendant, JANDE WEEKS, CRNA was, and still is, a certified
registered nurse anesthetist licensed to practice as such in the
State of New York.
28. On January 7, 2020, the defendant JANDE WEEKS, CRNA
entered into a physician-patient relationship with BARBARA
SACKAROFF.
29. On information and belief, on or about January 7, 2020,
the defendant, JANDE WEEKS, CRNA, was and still is an employee of
defendant IGOR AMIGUD PHYSICIAN P.C.,
30. On information and belief, on or about January 7, 2020,
the defendant, JANDE WEEKS, CRNA, was and still is an independent
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contractor working at the defendant IGOR AMIGUD PHYSICIAN P.C.
31. On information and belief, on or about January 7, 2020,
defendant JANDE WEEKS, CRNA was and still is an owner/shareholder
of defendant IGOR AMIGUD PHYSICIAN P.C.
32. On information and belief, on January 7, 2020, the
defendant, JANDE WEEKS, CRNA, was and still is an employee of
defendant FIFTH AVENUE SURGERY CENTER, LLC.
33. On information and belief, on or about January 7, 2020,
the defendant, JANDE WEEKS, CRNA, was and still is an independent
contractor working at the defendant FIFTH AVENUE SURGERY CENTER,
LLC.
34. On information and belief, on or about January 7, 2020,
defendant JANDE WEEKS, CRNA was and still is an owner/shareholder
of defendant FIFTH AVENUE SURGERY CENTER, LLC.
35. On information and belief, on or about January 7, 2020,
defendant IGOR AMIGUD PHYSICIAN P.C., was and still is a domestic
professional corporation, organized and existing pursuant to the
laws of the State of New York.
36. On information and belief, on or about January 7, 2020,
BARBARA SACKAROFF was involved in a physician-patient relationship
with defendant IGOR AMIGUD PHYSICIAN P.C..
37. On information and belief, on or about January 7, 2020,
defendant FIFTH AVENUE SURGERY CENTER, LLC was and still is a
domestic limited liability company, organized and existing
pursuant to the laws of the State of New York.
38. On information and belief, on or about January 7, 2020,
BARBARA SACKAROFF was involved in a physician-patient relationship
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with defendant FIFTH AVENUE SURGERY CENTER, LLC.
AS AND FOR A FIRST CAUSE OF ACTION AS AGAINST
DEFENDANTS SUDHIR DIWAN, M.D., SUDHIR DIWAN, MD
LLC, ADVANCED SPINE ON PARK AVENUE MSO, LLC and
MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC,
39. Plaintiff repeats and realleges each and every
allegation contained hereinabove as though fully set forth herein.
40. The Defendants SUDHIR DIWAN, M.D., SUDHIR DIWAN, MD LLC,
ADVANCED SPINE ON PARK AVENUE MSO, LLC and MANHATTAN SPINE AND
PAIN MANAGEMENT, PLLC were negligent, careless and committed
medical malpractice in the care and treatment of BARBARA
SACKAROFF.
41. At all times hereinafter mentioned, the defendants
SUDHIR DIWAN, M.D., SUDHIR DIWAN, MD LLC, ADVANCED SPINE ON PARK
AVENUE MSO, LLC and MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC
agreed to and undertook to faithfully, carefully, skillfully,
competently, and in accordance with approved and accepted
standards of skill, knowledge and proficiency prevailing and
ordinarily possessed by others of their profession and specialty
in the community, to render professional care, aid, attention,
treatment and advice in the field of medicine to those persons
receiving their services, including plaintiff.
42. Plaintiff relied on the accreditation of defendants and
on the protection, safeguards, skill and competence, which
defendants agreed and undertook to furnish and supply.
43. The Defendants SUDHIR DIWAN, M.D., SUDHIR DIWAN, MD
LLC,ADVANCED SPINE ON PARK AVENUE MSO,LLC,MANHATTAN SPINE AND PAIN
MANAGEMENT, PLLC, negligently and carelessly performed surgery on
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SACKAROFF'
BARBARA s right sacroiliac joint.
44. The Defendants SUDHIR DIWAN, M. D. , SUDHIR DIWAN, MD
LLC, ADVANCED SPINE ON PARK AVENUE MSO, LLC, MANHATTAN SPINE AND PAIN
MANAGEMENT, PLLC, performed an unnecessary sacroiliac joint
fusion.
45. The Defendants SUDHIR DIWAN, M. D. , SUDHIR DIWAN, MD
LLC, ADVANCED SPINE ON PARK AVENUE MSO, LLC, MANHATTAN SPINE AND PAIN
MANAGEMENT, PLLC, performed a sacroiliac j oint fusion surgery,
which was contraindicated due to pre-existing
Preview
FILED: KINGS COUNTY CLERK 08/11/2020 10:05 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/11/2020 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS Date Purchased: -------------------------------------------X BARBARA SACKAROFF, Plaintiff designates Plaintiff, KINGS - against - County as the place of trial SUDHIR DIWAN, M.D., SUDHIR DIWAN, MD LLC, The basis of the venue is ADVANCED SPINE ON PARK AVENUE MSO, LLC, Per CPLR Section 509 MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC, IGOR AMIGUD, M.D., SUl@IONS JANDE WEEKS, CRNA, IGOR AMIGUD PHYSICIAN P.C., Plaintiff resides at FIFTH AVENUE SURGERY CENTER, LLC, 9322 Third Ave Brooklyn, New York Defendants. To the above named Defendant(s) You are hereby smnmaned to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on Plaintiff' the Attorney(s) within twenty days after the service of this summons, exclusive of the day of service (or within 30 days after the 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: Seaford, New York August 10, 2020 THE SELVIN LAW FIRM, PLLC Sabrina E ub, Esq. Attorne for Plaintiff 3956 Merrick Road Seaford, New York 11783 (516)992-0805 1 of 16 FILED: KINGS COUNTY CLERK 08/11/2020 10:05 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/11/2020 Service Lis t : • SUDHIR DIWAN, M. D . -115 E.57th Suite 610 New York NY 10022; Street, , , • SUDHIR DIWAN, MD LLC-115 E.57th Suite 610 New York NY Street, , , 10022 or Secretary of State; • ADVANCED SPINE ON PARK AVENUE LLC-115 E.57th Suite MSO, Street, 610, New York , NY 10022 or Secretary of State; • MANHATTAN SPINE AND PAIN MANAGEMENT PLLC-133 E.58* Suite , Street, 811, New York, NY, 10022; • IGOR AMIGUD M. D.- 1049 58 Avenue New York NY , , , 10028; • JANDE WEEKS CRNA- 1049 5th Avenue New York NY , , , 10028; • IGOR AMIGUD PHYSICIAN E.53rd P . C.-211 Street , Suite 3K , New York , NY 10022; • FIFTH AVENUE SURGERY LLC-1049 5th Avenue New York NY CENTER, , , 10028; 2 of 16 FILED: KINGS COUNTY CLERK 08/11/2020 10:05 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/11/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------X Index No.: BARBARA SACKAROFF, Verified Plaintiff, COMPLAINT - against - SUDHIR DIWAN, M.D., SUDHIR DIWAN, MD LLC, ADVANCED SPINE ON PARK AVENUE MSO, LLC, MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC, IGOR AMIGUD, M.D., JANDE WEEKS, CRNA, IGOR AMIGUD PHYSICIAN P.C., FIFTH AVENUE SURGERY CENTER, LLC, Defendants. -------------------------------------------X Plaintiff, by her attorneys, THE SELVIN LAW FIRM, PLLC, complaining of the Defendants, alleges: BACKGROUND 1. Plaintiff, BARBARA SACKAROFF, is an individual residing in the County of Kings, State of New York. 2. On information and belief, from on or about September 1, 2019 through and until a continuous course of treatment including January 7, 2020, the Defendant, SUDHIR DIWAN, M.D. was, and still is, a doctor licensed to practice medicine in the State of New York. 3. From on or about September 1, 2019 through and until a continuous course of treatment including January 7, 2020, the defendant SUDHIR DIWAN, M.D. entered into a physician-patient relationship with BARBARA SACKAROFF. 4. On information and belief, from on or about September 1, 2019 through and until a continuous course of treatment including 3 of 16 FILED: KINGS COUNTY CLERK 08/11/2020 10:05 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/11/2020 January 7, 2020, the defendant, SUDHIR DIWAN, M.D., was an employee of defendant SUDHIR DIWAN, MD LLC. 5. On information and belief, from on or about September 1, 2019 through and until a continuous course of treatment including January 7, 2020, the defendant, SUDHIR DIWAN, M.D., was an independent contractor working at the defendant SUDHIR DIWAN, MD LLC. 6. On information and belief, from on or about September 1, 2019 through and until a continuous course of treatment including January 7, 2020, defendant SUDHIR DIWAN, M.D. was an owner/shareholder of defendant SUDHIR DIWAN, MD LLC. 7. On information and belief, from on or about September 1, 2019 through and until a continuous course of treatment including January 7, 2020, the defendant, SUDHIR DIWAN, M.D., was an employee of defendant ADVANCED SPINE ON PARK AVENUE MSO, LLC. 8. On information and belief, from on or about September 1, 2019 through and until a continuous course of treatment including January 7, 2020, the defendant, SUDHIR DIWAN, M.D., was an independent contractor working at the defendant ADVANCED SPINE ON PARK AVENUE MSO, LLC. 9. On information and belief, from on or about September 1, 2019 through and until a continuous course of treatment including January 7, 2020, defendant SUDHIR DIWAN, M.D. was an owner/shareholder of defendant ADVANCED SPINE ON PARK AVENUE MSO, LLC. 10. On information and belief, from on or about September 1, 2019 through and until a continuous course of treatment including 4 of 16 FILED: KINGS COUNTY CLERK 08/11/2020 10:05 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/11/2020 January 7, 2020, the defendant, SUDHIR DIWAN, M.D., was and still is an employee of defendant MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC. 11. On information and belief, from on or about September 1, 2019 through and until a continuous course of treatment including January 7, 2020, the defendant, SUDHIR DIWAN, M.D., was and still is an independent contractor working at the defendant MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC. 12. On information and belief, from on or about September 1, 2019 through and until a continuous course of treatment including January 7, 2020, defendant SUDHIR DIWAN, M.D. was and still is an owner/shareholder of defendant MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC. 13. On information and belief, from on or about September 1, 2019 through and until a continuous course of treatment including January 7, 2020, defendant SUDHIR DIWAN, MD LLC was and still is a foreign professional service limited liability company, organized and existing pursuant to the laws of the State of New York. 14. On information and belief, from on or about September 1, 2019 through and until a continuous course of treatment including BARBARA SACKAROFF was involved in a physician- January 7, 2020, patient relationship with defendant SUDHIR DIWAN, MD LLC. 15. On information and belief, from on or about September 1, 2019 through and until a continuous course of treatment including January 7, 2020, defendant ADVANCED SPINE ON PARK AVENUE MSO, LLC, was and still is a domestic professional limited liability company, organized and existing pursuant to the laws of the State 5 of 16 FILED: KINGS COUNTY CLERK 08/11/2020 10:05 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/11/2020 of New York. 16. On information and belief, from on or about September 1, 2019 through and until a continuous course of treatment including BARBARA SACKAROFF was involved in a physician- January 7, 2020, patient relationship with defendant ADVANCED SPINE ON PARK AVENUE MSO, LLC. 17. On information and belief, from on or about September 1, 2019 through and until a continuous course of treatment including January 7, 2020, defendant MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC was and still is a domestic professional limited liability company, organized and existing pursuant to the laws of the State of New York. 18. On information and belief, from on or about September 1, 2019 through and until a continuous course of treatment including BARBARA SACKAROFF was involved in a physician- January 7, 2020, patient relationship with defendant MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC. 19. On information and belief, on January 7, 2020, the Defendant, IGOR AMIGUD, M.D. was, and still is, a doctor licensed to practice medicine in the State of New York. 20. On January 7, 2020, the defendant IGOR AMIGUD, M.D. entered into a physician-patient relationship with BARBARA SACKAROFF. 21. On information and belief, on or about January 7, 2020, the defendant, IGOR AMIGUD, M.D., was and still is an employee of defendant IGOR AMIGUD PHYSICIAN P.C., 22. On information and belief, on or about January 7, 2020, 6 of 16 FILED: KINGS COUNTY CLERK 08/11/2020 10:05 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/11/2020 the defendant, SUDHIR DIWAN, M.D., was and still is an independent contractor working at the defendant IGOR AMIGUD PHYSICIAN P.C. 23. On or about January 7, 2020, defendant SUDHIR DIWAN, M.D. was and still is an owner/shareholder of defendant IGOR AMIGUD PHYSICIAN P.C. 24. On information and belief, on or about January 7, 2020, the defendant, IGOR AMIGUD, M.D., was and still is an employee of defendant FIFTH AVENUE SURGERY CENTER, LLC. 25. On information and belief, on or about January 7, 2020, the defendant, IGOR AMIGUD, M.D., was and still is an independent contractor working at the defendant FIFTH AVENUE SURGERY CENTER, LLC. 26. On information and belief, on or about January 7, 2020, defendant IGOR AMIGUD, M.D. was and still is an owner/shareholder of defendant FIFTH AVENUE SURGERY CENTER, LLC. 27. On information and belief, on January 7, 2020, the Defendant, JANDE WEEKS, CRNA was, and still is, a certified registered nurse anesthetist licensed to practice as such in the State of New York. 28. On January 7, 2020, the defendant JANDE WEEKS, CRNA entered into a physician-patient relationship with BARBARA SACKAROFF. 29. On information and belief, on or about January 7, 2020, the defendant, JANDE WEEKS, CRNA, was and still is an employee of defendant IGOR AMIGUD PHYSICIAN P.C., 30. On information and belief, on or about January 7, 2020, the defendant, JANDE WEEKS, CRNA, was and still is an independent 7 of 16 FILED: KINGS COUNTY CLERK 08/11/2020 10:05 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/11/2020 contractor working at the defendant IGOR AMIGUD PHYSICIAN P.C. 31. On information and belief, on or about January 7, 2020, defendant JANDE WEEKS, CRNA was and still is an owner/shareholder of defendant IGOR AMIGUD PHYSICIAN P.C. 32. On information and belief, on January 7, 2020, the defendant, JANDE WEEKS, CRNA, was and still is an employee of defendant FIFTH AVENUE SURGERY CENTER, LLC. 33. On information and belief, on or about January 7, 2020, the defendant, JANDE WEEKS, CRNA, was and still is an independent contractor working at the defendant FIFTH AVENUE SURGERY CENTER, LLC. 34. On information and belief, on or about January 7, 2020, defendant JANDE WEEKS, CRNA was and still is an owner/shareholder of defendant FIFTH AVENUE SURGERY CENTER, LLC. 35. On information and belief, on or about January 7, 2020, defendant IGOR AMIGUD PHYSICIAN P.C., was and still is a domestic professional corporation, organized and existing pursuant to the laws of the State of New York. 36. On information and belief, on or about January 7, 2020, BARBARA SACKAROFF was involved in a physician-patient relationship with defendant IGOR AMIGUD PHYSICIAN P.C.. 37. On information and belief, on or about January 7, 2020, defendant FIFTH AVENUE SURGERY CENTER, LLC was and still is a domestic limited liability company, organized and existing pursuant to the laws of the State of New York. 38. On information and belief, on or about January 7, 2020, BARBARA SACKAROFF was involved in a physician-patient relationship 8 of 16 FILED: KINGS COUNTY CLERK 08/11/2020 10:05 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/11/2020 with defendant FIFTH AVENUE SURGERY CENTER, LLC. AS AND FOR A FIRST CAUSE OF ACTION AS AGAINST DEFENDANTS SUDHIR DIWAN, M.D., SUDHIR DIWAN, MD LLC, ADVANCED SPINE ON PARK AVENUE MSO, LLC and MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC, 39. Plaintiff repeats and realleges each and every allegation contained hereinabove as though fully set forth herein. 40. The Defendants SUDHIR DIWAN, M.D., SUDHIR DIWAN, MD LLC, ADVANCED SPINE ON PARK AVENUE MSO, LLC and MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC were negligent, careless and committed medical malpractice in the care and treatment of BARBARA SACKAROFF. 41. At all times hereinafter mentioned, the defendants SUDHIR DIWAN, M.D., SUDHIR DIWAN, MD LLC, ADVANCED SPINE ON PARK AVENUE MSO, LLC and MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC agreed to and undertook to faithfully, carefully, skillfully, competently, and in accordance with approved and accepted standards of skill, knowledge and proficiency prevailing and ordinarily possessed by others of their profession and specialty in the community, to render professional care, aid, attention, treatment and advice in the field of medicine to those persons receiving their services, including plaintiff. 42. Plaintiff relied on the accreditation of defendants and on the protection, safeguards, skill and competence, which defendants agreed and undertook to furnish and supply. 43. The Defendants SUDHIR DIWAN, M.D., SUDHIR DIWAN, MD LLC,ADVANCED SPINE ON PARK AVENUE MSO,LLC,MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC, negligently and carelessly performed surgery on 9 of 16 FILED: KINGS COUNTY CLERK 08/11/2020 10:05 AM INDEX NO. 514577/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/11/2020 SACKAROFF' BARBARA s right sacroiliac joint. 44. The Defendants SUDHIR DIWAN, M. D. , SUDHIR DIWAN, MD LLC, ADVANCED SPINE ON PARK AVENUE MSO, LLC, MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC, performed an unnecessary sacroiliac joint fusion. 45. The Defendants SUDHIR DIWAN, M. D. , SUDHIR DIWAN, MD LLC, ADVANCED SPINE ON PARK AVENUE MSO, LLC, MANHATTAN SPINE AND PAIN MANAGEMENT, PLLC, performed a sacroiliac j oint fusion surgery, which was contraindicated due to pre-existing