Preview
FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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KEVIN LYNCH as Administrator of the Estate
of ROSE BOUKNIGHT,
Index No. 26889/2020E
Plaintiff,
-against- VERIFIED ANSWER
MONTEFIORE MEDICAL CENTER, GLEN ISLAND
CENTER FOR NURSING AND REHABILITATION and
JOPAL BRONX LLC d/b/a WORKMEN’S CIRCLE
MULTICARE CENTER,
Defendants.
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Defendant, MONTEFIORE MEDICAL CENTER, by its attorneys, TURKEN, HEATH
& McCAULEY, LLP, answers the plaintiff’s Verified Complaint as follows, upon information and
belief:
FIRST: Denies each and every allegation contained in the paragraph of the Verified
Complaint designated “1”, in the form alleged, and respectfully refers all questions of law to the
Honorable Court and questions of fact for determination by the trier(s) of the facts.
SECOND: Denies knowledge or information sufficient to form a belief as to each and
every allegation contained in the paragraphs of the Verified Complaint designated “2”, “3” and
“4”, and respectfully refers all questions of law to the Honorable Court and questions of fact for
determination by the trier(s) of the facts.
THIRD: Denies each and every allegation contained in the paragraph of the Verified
Complaint designated “5”.
AS AND FOR ITS RESPONSE TO PLAINTIFF’S “FIRST CAUSE OF ACTION”
FOURTH: As and for its response to the paragraph of the Verified Complaint
designated “6,” repeats, reiterates and re-alleges each and every response to paragraphs “1”
through “5” of the plaintiff’s Complaint, as if fully set forth hereat.
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FIFTH: Denies each and every allegation contained in the paragraph of the Verified
Complaint designated “7”, “10” and “11”, in the form alleged, and respectfully refers all questions
of law to the Honorable Court and questions of fact for determination by the trier(s) of the facts,
except affirmatively sets forth that, on certain dates in 2017 and 2018 stillto be determined and
confirmed, a patient identified as Mary Londono received medical care at MONTEFIORE
MEDICAL CENTER in a manner commensurate with the prevailing standards of such care.
SIXTH: Denies each and every allegation contained in the paragraph of the Verified
Complaint designated “8”, in the form alleged, except affirmatively sets forth that, at all times
relevant hereto, MONTEFIORE MEDICAL CENTER owned and operated the hospital and
medical center of the same name located at 111 East 210th Street, Bronx, New York 10467.
SEVENTH: Denies each and every allegation contained in the paragraph of the Verified
Complaint designated “9”, in the form alleged, and respectfully refers all questions of law to the
Honorable Court and questions of fact for determination by the trier(s) of the facts, except
affirmatively sets forth that, at all times relevant hereto, MONTEFIORE MEDICAL CENTER
employed doctors, nurses and other medical providers and hospital personnel who were competent
and qualified to render the patient care and services that they provided in a manner commensurate
with the prevailing standards of such care.
EIGHTH: Denies each and every allegation contained in the paragraphs of the Verified
Complaint designated “12”, “13”, “14”, “15”, “16”, “17”, “18”, “19” and “20”.
AS AND FOR ITS RESPONSE TO PLAINTIFF’S “SECOND CAUSE OF ACTION”
NINTH: As and for its response to the paragraph of the Verified Complaint
designated “21,” repeats, reiterates and re-alleges each and every response to paragraphs “1”
through “20” of the plaintiff’s Complaint, as if fully set forth hereat.
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TENTH: Denies each and every allegation contained in the paragraphs of the Verified
Complaint designated “22”, “23”, “24”, “25”, “26”.
AS AND FOR ITS RESPONSE TO PLAINTIFF’S “THIRD CAUSE OF ACTION”
ELEVENTH: As and for its response to the paragraph of the Verified Complaint
designated “27,” repeats, reiterates and re-alleges each and every response to paragraphs “1”
through “26” of the plaintiff’s Complaint, as if fully set forth hereat.
TWELFTH: Denies knowledge or information sufficient to form a belief as to each and
every allegation contained in the paragraphs of the Verified Complaint designated “28”, “29”,
“30”, “31’, “32”, “33”, “34”, “35”, “36”, “37”, “38”, “39”, “40”, “41’, “42”, “43”, “44”, “45” and
“46”.
AS AND FOR ITS RESPONSE TO PLAINTIFF’S “FOURTH CAUSE OF ACTION”
THIRTEENTH: As and for its response to the paragraph of the Verified Complaint
designated “47,” repeats, reiterates and re-alleges each and every response to paragraphs “1”
through “46” of the plaintiff’s Complaint, as if fully set forth hereat.
FOURTEENTH: Denies knowledge or information sufficient to form a belief as to each
and every allegation contained in the paragraphs of the Verified Complaint designated “48”, “49”,
“50”, “51’, “52”, “53”, “54”, “55”, “56”, “57”, “58” and “59”.
AS AND FOR ITS RESPONSE TO PLAINTIFF’S “FIFTH CAUSE OF ACTION”
FIFTEENTH: As and for its response to the paragraph of the Verified Complaint
designated “60,” repeats, reiterates and re-alleges each and every response to paragraphs “1”
through “59” of the plaintiff’s Complaint, as if fully set forth hereat.
SIXTEENTH: Denies knowledge or information sufficient to form a belief as to each
and every allegation contained in the paragraphs of the Verified Complaint designated “61”, “62”,
“63”, “64”, “65”, “66”, “67”, “68”, “69” and “70”.
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AS AND FOR ITS RESPONSE TO PLAINTIFF’S “SIXTH CAUSE OF ACTION”
SEVENTEENTH: As and for its response to the paragraph of the Verified Complaint
designated “71,” repeats, reiterates and re-alleges each and every response to paragraphs “1”
through “70” of the plaintiff’s Complaint, as if fully set forth hereat.
EIGHTEENTH: Denies knowledge or information sufficient to form a belief as to each
and every allegation contained in the paragraphs of the Verified Complaint designated “72”, “73”,
“74”, “75”, “76”, “77”, “78”, “79”, “80”, “81”, “82”, “83”, “84”, “85”, “86”, “87”, “88”, “89” and
“90”.
AS AND FOR ITS RESPONSE TO PLAINTIFF’S “SEVENTH CAUSE OF ACTION”
NINETEENTH: As and for its response to the paragraph of the Verified Complaint
designated “91,” repeats, reiterates and re-alleges each and every response to paragraphs “1”
through “90” of the plaintiff’s Complaint, as if fully set forth hereat.
TWENTIETH: Denies knowledge or information sufficient to form a belief as to each
and every allegation contained in the paragraphs of the Verified Complaint designated “92”, “93”,
“94”, “95”, “96”, “97”, “98”, “99”, “100”, “101”, “102” and “103”.
AS AND FOR ITS RESPONSE TO PLAINTIFF’S “EIGHTH CAUSE OF ACTION”
TWENTY-FIRST: As and for its response to the paragraph of the Verified Complaint
designated “104,” repeats, reiterates and re-alleges each and every response to paragraphs “1”
through “103” of the plaintiff’s Complaint, as if fully set forth hereat.
TWENTY-SECOND: Denies knowledge or information sufficient to form a belief as to
each and every allegation contained in the paragraphs of the Verified Complaint designated “105”,
“106”, “107”, “108”, “109”, “110”, “111”, “112”, “113” and “114”.
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AS AND FOR A FIRST AFFIRMATIVE DEFENSE
TWENTY-THIRD: Whatever injuries plaintiff may have sustained at the time and
place alleged in the Complaint were caused in whole or in part by, or were contributed to by the
culpable conduct and want of care on the part of, the plaintiff and/or plaintiff’s decedent, and
without any negligence, fault or want of care on the part of the answering defendant.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
TWENTY-FOURTH: Upon information and belief, whatever damages, if any, may
have been suffered by the plaintiff have been set off by a prior recovery, and the answering
defendant will thus be entitled to a reduction of any potential future award pursuant to the various
relevant provisions of General Obligations Law §15-108.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
TWENTY-FIFTH: The answering defendant claims the protections, benefits and
limitations on liability as set forth in Article 16 of the Civil Practice Law and Rules.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
TWENTY-SIXTH: If the plaintiff prevails at trial, then the answering defendant will
ask the Court to reduce any award to the plaintiff for loss of earnings, or impairment of earning
ability, in accordance with CPLR Section 4546.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
TWENTY- SEVENTH: If the Court should determine herein that any cause of action
pleaded in the Complaint sufficiently states a cause of action for medical malpractice or any
variant thereof involving lack of informed consent, such cause of action is subject to dismissal at
trial pursuant to Section 4401(a) of the CPLR if the plaintiff fails to adduce expert testimony in
support of the alleged qualitative insufficiency of such consent.
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AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
TWENTY- EIGHTH: Defendant claims the protections, benefits and limitations on
liability as set forth in Article 14 of the Civil Practice Law and Rules.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
TWENTY-NINTH: Defendant claims the protections, benefits and limitations on
liability as set forth in Rule 4545 of the Civil Practice Law and Rules.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
THIRTIETH: Whatever injuries the plaintiff may have sustained at the time and place
alleged in the Complaint, if any, were caused in whole or in part by the acts or omissions of third
parties over which this answering defendant had no control, and no right or duty to exercise
control.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
THIRTY-FIRST: The plaintiff and/or plaintiff’s decedent failed to take reasonable
steps to mitigate the alleged damages.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
THIRTY-SECOND: Some or all of the claims and/or purported causes of action set
forth in the plaintiff’s Complaint fail to enunciate a separate, cognizable cause of action upon
which relief can properly be granted.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
THIRTY-THIRD: The plaintiff’s action as posed against the answering defendant is
time-barred by the applicable statute of limitations.
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AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
THIRTY-FOURTH: The plaintiff’s Complaint should be dismissed for failure to name
an indispensable party in the caption.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
THIRTY-FIFTH: The plaintiff’s Complaint violates the single-allegation-per-
paragraph provision of CPLR §3014.
WHEREFORE, the answering defendant, MONTEFIORE MEDICAL CENTER,
demands judgment dismissing the plaintiff’s Verified Complaint herein, together with the costs,
disbursements, and attorney’s fees associated with the defense of this action.
Dated: Armonk, New York
November 12, 2020
Yours, etc.
TURKEN, HEATH & McCAULEY, LLP
By:
_________________________
Jason D. Turken
Attorneys for Defendant
MONTEFIORE MEDICAL CENTER
Office and P.O. Address
84 Business Park Drive, Suite 307
Armonk, New York 10504
(914) 357-8600
TO: SINEL & OLESEN, PLLC
Attorneys for Plaintiffs
7 Penn Plaza, 8th Floor
New York, New York 10001
(212) 465-1000
KAUFMAN BORGEEST & RYAN LLP
Attorneys for Defendant
JOPAL BRONX LLC d/b/a WORKMEN’S
CIRCLE MULTICARE CENTER
1205 Franklin Avenue, 2nd Floor
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Garden City, New York 11530
(516) 248-6000
SHEELEY LLP
Attorneys for Defendant
GLEN ISLAND CENTER FOR
NURSING AND REHABILITATION
100 Wall Street, 19th Floor
New York, NY 10005
(646) 650-5952
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BOUKNIGHT
ATTORNEY VERIFICATION
JASON D. TURKEN, an attorney admitted to practice in the Courts of the State of New
York, affirms that the following statements are true, under the penalties of perjury:
I am a member of the firm of TURKEN & HEATH, LLP, attorneys for defendant
MONTEFIORE MEDICAL CENTER, have read the foregoing VERIFIED ANSWER, and
know the contents to be true to my own knowledge, except as to the matters therein stated to be
alleged upon information and belief, and, as to those matters, I believe them to be true. The
grounds for my belief as to all matters not stated upon my own knowledge are the documents and
items related the claims on file at this office in this action. The reason I make this verification is
because the defendant is not presently in the same county where my firm maintains an office.
Dated: Armonk, New York
November 12, 2020
JASON D. TURKEN
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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KEVIN LYNCH as Administrator of the Estate
of ROSE BOUKNIGHT, Index No. 26889/2020E
Plaintiff,
DEMAND FOR
-against-
VERIFIED BILL OF
MONTEFIORE MEDICAL CENTER, GLEN ISLAND PARTICULARS
CENTER FOR NURSING AND REHABILITATION and
JOPAL BRONX LLC d/b/a WORKMEN’S CIRCLE
MULTICARE CENTER,
Defendants.
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PLEASE TAKE NOTICE that, pursuant to CPLR 3041 et seq. of the Civil Practice Law
and Rules, you are hereby required to serve upon TURKEN, HEATH & McCAULEY, LLP,
attorneys for defendant, MONTEFIORE MEDICAL CENTER, a Verified Bill of Particulars,
within twenty (20) days after service of this Demand, which shall set forth the following
information:
1. Set forth the year of the plaintiff’s decedent’s birth (but please include the plaintiff’s
complete date of birth on all authorizations served in this matter).
2. Set forth the year of the plaintiff’s birth.
3. Set forth the last 4 digits of the plaintiff’s decedent’s Social Security number (but please
include the plaintiff’s complete SSN on all authorizations served in this matter).
4. Set forth the post office address and actual residence address of the plaintiff’s decedent:
(a) at the time of the alleged negligent acts or omissions of the defendant MONTEFIORE
MEDICAL CENTER; and (b) at the time of the plaintiff’s decedent’s death.
5. Set forth the date of the plaintiff’s decedent’s death.
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6. Set forth the dates upon which the defendant, MONTEFIORE MEDICAL CENTER,
allegedly provided care or treatment to the plaintiff’s decedent in a negligent manner and for
which this action seeks damages.
7. Set forth the exact location of the alleged acts and/or omissions constituting the alleged
ordinary negligence of the defendant, MONTEFIORE MEDICAL CENTER.
8. Set forth the acts and/or omissions constituting the alleged medical malpractice of
MONTEFIORE MEDICAL CENTER.
9. If the defendant, MONTEFIORE MEDICAL CENTER, is alleged to have committed
gross negligence, set forth the acts and/or omissions constituting the alleged gross negligence of
said defendant.
10. If an award of punitive damages is sought against the defendant, MONTEFIORE
MEDICAL CENTER, set forth the acts or omissions for which punitive damages are sought
against said defendant.
11. Set forth the acts and/or omissions constituting the alleged intentional torts, if any, of
MONTEFIORE MEDICAL CENTER.
12. Set forth the medical condition of the plaintiff’s decedent, if any, which it is claimed that
MONTEFIORE MEDICAL CENTER undertook to diagnose and/or treat.
13. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed
to heed the plaintiff’s decedent’s signs, symptoms and/or complaints. If the answer is
affirmative, identify each sign, symptom and/or complaint which it is claimed MONTEFIORE
MEDICAL CENTER failed to heed or appreciate, and its significance.
14. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed
to perform a proper physical examination of the plaintiff’s decedent. If the answer is affirmative,
state the date when and in what respects the physical examination is claimed to be improper.
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15. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed
to take an adequate medical history of the plaintiff’s decedent. If the answer is affirmative, state
the date when and in what respects it is claimed that the history taken by MONTEFIORE
MEDICAL CENTER was inadequate.
16. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed
to perform necessary tests or other diagnostic procedures on the plaintiff’s decedent. If the
answer is affirmative, state the name and/or description of each test or diagnostic procedure
which it is claimed was or was not properly ordered or performed by MONTEFIORE
MEDICAL CENTER, and state the date when it will be claimed that such tests, etc., should
have been ordered or performed.
17. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed
to properly interpret tests, and/or diagnostic procedures. If the answer is affirmative, state the
name of each test and diagnostic procedure which it is claimed MONTEFIORE MEDICAL
CENTER failed to properly interpret, and the date when each such test, and/or diagnostic
procedure was performed or interpreted.
18. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed
to refer the plaintiff. If the answer is affirmative, state the type of specialist it will be claimed
that the plaintiff’s decedent should have been referred to, and the date it is claimed that the
referral should have been made.
19. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed
to properly medicate the plaintiff’s decedent. If the answer is in the affirmative, state the date
when and in what respects it is claimed that MONTEFIORE MEDICAL CENTER failed to
properly medicate the plaintiff’s decedent.
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20. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER
prescribed and/or administered contraindicated and/or unnecessary medication to the plaintiff’s
decedent. If the answer is affirmative, state the date and the name of each contraindicated and/or
unnecessary medication which it is claimed MONTEFIORE MEDICAL CENTER prescribed
and/or administered.
21. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed
to render proper treatment to the plaintiff’s decedent, and, if the answer is affirmative, state the
date when and in what respects it is claimed that MONTEFIORE MEDICAL CENTER failed
to render proper treatment to the plaintiff’s decedent.
22. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed
to timely treat, care for or render services to the plaintiff’s decedent. If the answer is affirmative,
state the date and name or description of each treatment or modality of care or services which it
is claimed was not timely ordered or performed.
23. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER
improperly performed procedures upon the plaintiff’s decedent. If the answer is affirmative,
identify the date and name of the procedures, and state in what respects it is claimed that said
procedures were improperly performed by MONTEFIORE MEDICAL CENTER
24. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed
to make a proper diagnosis. If the answer is affirmative, state the claimed correct diagnosis and
the date when each such diagnosis should have been made.
25. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed
to obtain an informed consent from or on behalf of the plaintiff’s decedent. If the answer is
affirmative, state in what respect it is claimed MONTEFIORE MEDICAL CENTER failed to
obtain an informed consent from or on behalf of the plaintiff’s decedent.
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26. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed
to advise the plaintiff’s decedent (or her family member or other representative, if applicable) of
the risks, hazards and alternatives to the course of care, treatment and/or services rendered. If
the answer is affirmative, state each risk, hazard and alternative which it is claimed
MONTEFIORE MEDICAL CENTER should have disclosed but failed to disclose.
27. As to any claim that MONTEFIORE MEDICAL CENTER rendered any care,
treatment or services requiring an informed consent, or performed any procedure requiring an
informed consent, without obtaining the required informed consent, set forth:
(a) Whether the plaintiff’s decedent (or her spouse, domestic partner, family member,
significant other, or other proper representative, on her behalf) signed a written consent
form authorizing the care, treatment or services rendered by MONTEFIORE
MEDICAL CENTER, and, if so, the date and place of signing.
(b) The risks of and alternatives to the care, treatment, services or procedure requiring
the informed consent which were known to the plaintiff’s decedent (or to her spouse,
domestic partner, family member, significant other, or other proper representative, on her
behalf) prior to the care, treatment, services or procedure being rendered or performed.
(c) The information concerning the risks and alternatives which was imparted to the
plaintiff’s decedent (or her is spouse, domestic partner, family member, significant other,
or other proper representative, on her behalf) by the defendant, MONTEFIORE
MEDICAL CENTER.
(d) The information concerning the risks and alternatives which was imparted to the
plaintiff’s decedent (or her spouse, domestic partner, family member, significant other, or
other proper representative, on her behalf) by sources other than the defendant.
(e) Whether any assurances were given by the plaintiff’s decedent (or her spouse,
domestic partner, family member, significant other, or other proper representative, on her
behalf), that, regardless of the risks that might exist, the plaintiff’s decedent would
undergo the treatment or services otherwise requiring the informed consent.
(f) Whether the plaintiff’s decedent (or her spouse, domestic partner, family member,
significant other, or other proper representative, on her behalf) indicated that she did not
want to be informed of the risks and/or alternatives.
(g) The circumstances making it reasonably possible for defendant, MONTEFIORE
MEDICAL CENTER, to obtain an informed consent from the plaintiff’s decedent (or
from her spouse, domestic partner, family member, significant other, or other proper
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representative, on her behalf) concerning the risks and/or alternatives to the care,
treatment, services or procedure at issue.
(h) The additional information, if any, which it is claimed should have been provided
to the plaintiff’s decedent (or to her spouse, domestic partner, family member, significant
other, or other proper representative, on her behalf) concerning the risks and/or
alternatives to the care, treatment, services or procedure at issue.
(j) Whether MONTEFIORE MEDICAL CENTER’s care, treatment or services, or
any procedure at issue, was rendered in the course of an emergency.
28. Set forth each and every other act or omission not set forth in response to Questions 1
through 26, above, which the plaintiff will claim constitutes an element or portion of the
malpractice, negligence or gross negligence of the defendant, MONTEFIORE MEDICAL
CENTER.
29. Set forth each and every injury claimed to have been sustained by the plaintiff’s
decedent, with the duration thereof, and alleging specifically which injuries are claimed to be
permanent and in what respect they are claimed to be permanent.
30. Set forth every additional item of damage or expense alleged to have been sustained by
the plaintiff’s decedent, and/or the decedent’s estate and/or the plaintiff, as result of the wrongful
or tortious conduct alleged herein.
31. Set forth all categories of economic loss and special damages claimed to have been
sustained by the plaintiff’s decedent and/or the decedent’s estate and/or the plaintiff, including,
but not limited to:
(a) Lost earnings;
(b) Medical and Hospital expenses;
(c) Medications and medical supplies;
(d) Nursing, physical therapy and home health care;
(e) any other special damages not identified above.
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32. Set forth a complete list of the plaintiff’s decedent’s spouses, children (natural and
adopted), distributees (pursuant with the EPTL), and next of kin, including the age, residential
address and precise relationship to the decedent, of each such person.
33. Set forth the accepted nursing standards which the plaintiff claims were violated and
departed from by MONTEFIORE MEDICAL CENTER, if any.
34. Set forth the manner in which MONTEFIORE MEDICAL CENTER departed from
each of the nursing standards identified in the response to the last question.
35. If it is claimed that any negligence or malpractice by other parties, persons or entities
occurred prior to the complained-of care and treatment provided by MONTEFIORE
MEDICAL CENTER, set forth the names of the parties, persons and/or entities responsible for
that prior care and treatment, and specify what acts or omissions constituted the prior negligence
or malpractice.
36. If it is claimed that any negligence or malpractice occurred subsequent to the care,
treatment or services rendered by MONTEFIORE MEDICAL CENTER, set forth the names
of the parties, persons or entities responsible therefor, and specify what acts or omissions
constituted the claimed subsequent negligence or malpractice.
37. Set forth whether it will be claimed that any code, rule, regulation, statute or other law of
the City or State of New York was violated by MONTEFIORE MEDICAL CENTER. If the
answer is affirmative, state the New York City or State code, rule, regulation, statute or other
law, and the provisions or subsections thereof, which itwill be claimed was/were violated by
MONTEFIORE MEDICAL CENTER.
38. Set forth whether it will be claimed that any federal law, rule or regulation was violated
by MONTEFIORE MEDICAL CENTER. If the answer is affirmative, state the federal law,
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rule or regulation, and the provisions or subsections thereof, which it will be claimed was/were
violated by MONTEFIORE MEDICAL CENTER.
39. Set forth whether a claim for vicarious liability will be made against MONTEFIORE
MEDICAL CENTER. If the answer is affirmative, state the name of each person who
performed the alleged negligent acts or omissions for which MONTEFIORE MEDICAL
CENTER should be held vicariously liable, and, if the names are not known, describe them by
physical appearance, occupation and/or relationship to MONTEFIORE MEDICAL CENTER.
40. Set forth whether it will be claimed that improper or defective equipment was used by the
defendant, MONTEFIORE MEDICAL CENTER, and, if so, identify the equipment and state
the impropriety or defect:
(a) If notice is a prerequisite, state whether actual or constructive notice is claimed;
(b) If actual notice is claimed, state the time, place and manner such notice was given
and the name of the person to whom such notice was given;
(c) If constructive notice is claimed, set forth the nature of the constructive notice and
how long the defect existed before the claim arose.
41. If it is claimed that any negligence or malpractice was committed by any individual or
entity other than MONTEFIORE MEDICAL CENTER, state the name(s) of the individual(s)
or entity(ies) responsible for this negligence and/or malpractice, and identify or describe such
negligence and/or malpractice.
42. If it is alleged herein that instances or occasions of medical malpractice on the part of the
answering defendant which occurred more than 2½ years before the filing date of the action are,
due to the doctrine of continuous treatment, still viable for inclusion in this action and not time-
barred by the statute of limitations, set forth:
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a. The medical condition or injury for which the answering defendant was continuously
treating the plaintiff.
b. The first date of the treatment rendered by the answering defendant for that condition.
c. The last date of the treatment rendered by the answering defendant for that condition.
43. Set forth the names or descriptions of any injuries or medical conditions which the
plaintiff will assert were caused by negligent care, treatment or services rendered by the
defendant, MONTEFIORE MEDICAL CENTER, but which were not subsequently treated by
the defendant, MONTEFIORE MEDICAL CENTER.
44. Set forth the names and addresses of any medical providers who treated the plaintiff’s
decedent for injuries or medical conditions which the plaintiff will assert were caused by
negligent care, treatment or services rendered by the defendant, MONTEFIORE MEDICAL
CENTER.
45. Set forth whether it is claimed that MONTEFIORE MEDICAL CENTER aggravated a
pre-existing injury or condition of the plaintiff’s decedent. If the answer is affirmative, specify
the pre-existing injury or condition which was aggravated and how it is claimed said injury or
condition was aggravated.
46. State the length of time that, and the dates when, the plaintiff’s decedent was:
(a) Wholly confined to bed due to the injuries alleged;
(b) Wholly confined to the house due to the injuries alleged;
(c) Wholly confined to a hospital due to the injuries alleged;
(d) Wholly confined to a nursing home or rehabilitation facility due to the injuries
alleged;
(e) Wholly incapacitated from his/her usual activities of daily living.
47. State each activity from which the plaintiff’s decedent was allegedly wholly
incapacitated.
FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020
NYSCEF DOC. NO. 51
Preview
FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------------X KEVIN LYNCH as Administrator of the Estate of ROSE BOUKNIGHT, Index No. 26889/2020E Plaintiff, -against- VERIFIED ANSWER MONTEFIORE MEDICAL CENTER, GLEN ISLAND CENTER FOR NURSING AND REHABILITATION and JOPAL BRONX LLC d/b/a WORKMEN’S CIRCLE MULTICARE CENTER, Defendants. ---------------------------------------------------------------------------X Defendant, MONTEFIORE MEDICAL CENTER, by its attorneys, TURKEN, HEATH & McCAULEY, LLP, answers the plaintiff’s Verified Complaint as follows, upon information and belief: FIRST: Denies each and every allegation contained in the paragraph of the Verified Complaint designated “1”, in the form alleged, and respectfully refers all questions of law to the Honorable Court and questions of fact for determination by the trier(s) of the facts. SECOND: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs of the Verified Complaint designated “2”, “3” and “4”, and respectfully refers all questions of law to the Honorable Court and questions of fact for determination by the trier(s) of the facts. THIRD: Denies each and every allegation contained in the paragraph of the Verified Complaint designated “5”. AS AND FOR ITS RESPONSE TO PLAINTIFF’S “FIRST CAUSE OF ACTION” FOURTH: As and for its response to the paragraph of the Verified Complaint designated “6,” repeats, reiterates and re-alleges each and every response to paragraphs “1” through “5” of the plaintiff’s Complaint, as if fully set forth hereat. FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021 FIFTH: Denies each and every allegation contained in the paragraph of the Verified Complaint designated “7”, “10” and “11”, in the form alleged, and respectfully refers all questions of law to the Honorable Court and questions of fact for determination by the trier(s) of the facts, except affirmatively sets forth that, on certain dates in 2017 and 2018 stillto be determined and confirmed, a patient identified as Mary Londono received medical care at MONTEFIORE MEDICAL CENTER in a manner commensurate with the prevailing standards of such care. SIXTH: Denies each and every allegation contained in the paragraph of the Verified Complaint designated “8”, in the form alleged, except affirmatively sets forth that, at all times relevant hereto, MONTEFIORE MEDICAL CENTER owned and operated the hospital and medical center of the same name located at 111 East 210th Street, Bronx, New York 10467. SEVENTH: Denies each and every allegation contained in the paragraph of the Verified Complaint designated “9”, in the form alleged, and respectfully refers all questions of law to the Honorable Court and questions of fact for determination by the trier(s) of the facts, except affirmatively sets forth that, at all times relevant hereto, MONTEFIORE MEDICAL CENTER employed doctors, nurses and other medical providers and hospital personnel who were competent and qualified to render the patient care and services that they provided in a manner commensurate with the prevailing standards of such care. EIGHTH: Denies each and every allegation contained in the paragraphs of the Verified Complaint designated “12”, “13”, “14”, “15”, “16”, “17”, “18”, “19” and “20”. AS AND FOR ITS RESPONSE TO PLAINTIFF’S “SECOND CAUSE OF ACTION” NINTH: As and for its response to the paragraph of the Verified Complaint designated “21,” repeats, reiterates and re-alleges each and every response to paragraphs “1” through “20” of the plaintiff’s Complaint, as if fully set forth hereat. 2 FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021 TENTH: Denies each and every allegation contained in the paragraphs of the Verified Complaint designated “22”, “23”, “24”, “25”, “26”. AS AND FOR ITS RESPONSE TO PLAINTIFF’S “THIRD CAUSE OF ACTION” ELEVENTH: As and for its response to the paragraph of the Verified Complaint designated “27,” repeats, reiterates and re-alleges each and every response to paragraphs “1” through “26” of the plaintiff’s Complaint, as if fully set forth hereat. TWELFTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs of the Verified Complaint designated “28”, “29”, “30”, “31’, “32”, “33”, “34”, “35”, “36”, “37”, “38”, “39”, “40”, “41’, “42”, “43”, “44”, “45” and “46”. AS AND FOR ITS RESPONSE TO PLAINTIFF’S “FOURTH CAUSE OF ACTION” THIRTEENTH: As and for its response to the paragraph of the Verified Complaint designated “47,” repeats, reiterates and re-alleges each and every response to paragraphs “1” through “46” of the plaintiff’s Complaint, as if fully set forth hereat. FOURTEENTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs of the Verified Complaint designated “48”, “49”, “50”, “51’, “52”, “53”, “54”, “55”, “56”, “57”, “58” and “59”. AS AND FOR ITS RESPONSE TO PLAINTIFF’S “FIFTH CAUSE OF ACTION” FIFTEENTH: As and for its response to the paragraph of the Verified Complaint designated “60,” repeats, reiterates and re-alleges each and every response to paragraphs “1” through “59” of the plaintiff’s Complaint, as if fully set forth hereat. SIXTEENTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs of the Verified Complaint designated “61”, “62”, “63”, “64”, “65”, “66”, “67”, “68”, “69” and “70”. 3 FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021 AS AND FOR ITS RESPONSE TO PLAINTIFF’S “SIXTH CAUSE OF ACTION” SEVENTEENTH: As and for its response to the paragraph of the Verified Complaint designated “71,” repeats, reiterates and re-alleges each and every response to paragraphs “1” through “70” of the plaintiff’s Complaint, as if fully set forth hereat. EIGHTEENTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs of the Verified Complaint designated “72”, “73”, “74”, “75”, “76”, “77”, “78”, “79”, “80”, “81”, “82”, “83”, “84”, “85”, “86”, “87”, “88”, “89” and “90”. AS AND FOR ITS RESPONSE TO PLAINTIFF’S “SEVENTH CAUSE OF ACTION” NINETEENTH: As and for its response to the paragraph of the Verified Complaint designated “91,” repeats, reiterates and re-alleges each and every response to paragraphs “1” through “90” of the plaintiff’s Complaint, as if fully set forth hereat. TWENTIETH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs of the Verified Complaint designated “92”, “93”, “94”, “95”, “96”, “97”, “98”, “99”, “100”, “101”, “102” and “103”. AS AND FOR ITS RESPONSE TO PLAINTIFF’S “EIGHTH CAUSE OF ACTION” TWENTY-FIRST: As and for its response to the paragraph of the Verified Complaint designated “104,” repeats, reiterates and re-alleges each and every response to paragraphs “1” through “103” of the plaintiff’s Complaint, as if fully set forth hereat. TWENTY-SECOND: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs of the Verified Complaint designated “105”, “106”, “107”, “108”, “109”, “110”, “111”, “112”, “113” and “114”. 4 FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021 AS AND FOR A FIRST AFFIRMATIVE DEFENSE TWENTY-THIRD: Whatever injuries plaintiff may have sustained at the time and place alleged in the Complaint were caused in whole or in part by, or were contributed to by the culpable conduct and want of care on the part of, the plaintiff and/or plaintiff’s decedent, and without any negligence, fault or want of care on the part of the answering defendant. AS AND FOR A SECOND AFFIRMATIVE DEFENSE TWENTY-FOURTH: Upon information and belief, whatever damages, if any, may have been suffered by the plaintiff have been set off by a prior recovery, and the answering defendant will thus be entitled to a reduction of any potential future award pursuant to the various relevant provisions of General Obligations Law §15-108. AS AND FOR A THIRD AFFIRMATIVE DEFENSE TWENTY-FIFTH: The answering defendant claims the protections, benefits and limitations on liability as set forth in Article 16 of the Civil Practice Law and Rules. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE TWENTY-SIXTH: If the plaintiff prevails at trial, then the answering defendant will ask the Court to reduce any award to the plaintiff for loss of earnings, or impairment of earning ability, in accordance with CPLR Section 4546. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE TWENTY- SEVENTH: If the Court should determine herein that any cause of action pleaded in the Complaint sufficiently states a cause of action for medical malpractice or any variant thereof involving lack of informed consent, such cause of action is subject to dismissal at trial pursuant to Section 4401(a) of the CPLR if the plaintiff fails to adduce expert testimony in support of the alleged qualitative insufficiency of such consent. 5 FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021 AS AND FOR A SIXTH AFFIRMATIVE DEFENSE TWENTY- EIGHTH: Defendant claims the protections, benefits and limitations on liability as set forth in Article 14 of the Civil Practice Law and Rules. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE TWENTY-NINTH: Defendant claims the protections, benefits and limitations on liability as set forth in Rule 4545 of the Civil Practice Law and Rules. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE THIRTIETH: Whatever injuries the plaintiff may have sustained at the time and place alleged in the Complaint, if any, were caused in whole or in part by the acts or omissions of third parties over which this answering defendant had no control, and no right or duty to exercise control. AS AND FOR A NINTH AFFIRMATIVE DEFENSE THIRTY-FIRST: The plaintiff and/or plaintiff’s decedent failed to take reasonable steps to mitigate the alleged damages. AS AND FOR A TENTH AFFIRMATIVE DEFENSE THIRTY-SECOND: Some or all of the claims and/or purported causes of action set forth in the plaintiff’s Complaint fail to enunciate a separate, cognizable cause of action upon which relief can properly be granted. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE THIRTY-THIRD: The plaintiff’s action as posed against the answering defendant is time-barred by the applicable statute of limitations. 6 FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021 AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE THIRTY-FOURTH: The plaintiff’s Complaint should be dismissed for failure to name an indispensable party in the caption. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE THIRTY-FIFTH: The plaintiff’s Complaint violates the single-allegation-per- paragraph provision of CPLR §3014. WHEREFORE, the answering defendant, MONTEFIORE MEDICAL CENTER, demands judgment dismissing the plaintiff’s Verified Complaint herein, together with the costs, disbursements, and attorney’s fees associated with the defense of this action. Dated: Armonk, New York November 12, 2020 Yours, etc. TURKEN, HEATH & McCAULEY, LLP By: _________________________ Jason D. Turken Attorneys for Defendant MONTEFIORE MEDICAL CENTER Office and P.O. Address 84 Business Park Drive, Suite 307 Armonk, New York 10504 (914) 357-8600 TO: SINEL & OLESEN, PLLC Attorneys for Plaintiffs 7 Penn Plaza, 8th Floor New York, New York 10001 (212) 465-1000 KAUFMAN BORGEEST & RYAN LLP Attorneys for Defendant JOPAL BRONX LLC d/b/a WORKMEN’S CIRCLE MULTICARE CENTER 1205 Franklin Avenue, 2nd Floor 7 FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021 Garden City, New York 11530 (516) 248-6000 SHEELEY LLP Attorneys for Defendant GLEN ISLAND CENTER FOR NURSING AND REHABILITATION 100 Wall Street, 19th Floor New York, NY 10005 (646) 650-5952 8 FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021 BOUKNIGHT ATTORNEY VERIFICATION JASON D. TURKEN, an attorney admitted to practice in the Courts of the State of New York, affirms that the following statements are true, under the penalties of perjury: I am a member of the firm of TURKEN & HEATH, LLP, attorneys for defendant MONTEFIORE MEDICAL CENTER, have read the foregoing VERIFIED ANSWER, and know the contents to be true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and, as to those matters, I believe them to be true. The grounds for my belief as to all matters not stated upon my own knowledge are the documents and items related the claims on file at this office in this action. The reason I make this verification is because the defendant is not presently in the same county where my firm maintains an office. Dated: Armonk, New York November 12, 2020 JASON D. TURKEN 9 FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------------X KEVIN LYNCH as Administrator of the Estate of ROSE BOUKNIGHT, Index No. 26889/2020E Plaintiff, DEMAND FOR -against- VERIFIED BILL OF MONTEFIORE MEDICAL CENTER, GLEN ISLAND PARTICULARS CENTER FOR NURSING AND REHABILITATION and JOPAL BRONX LLC d/b/a WORKMEN’S CIRCLE MULTICARE CENTER, Defendants. ---------------------------------------------------------------------------X PLEASE TAKE NOTICE that, pursuant to CPLR 3041 et seq. of the Civil Practice Law and Rules, you are hereby required to serve upon TURKEN, HEATH & McCAULEY, LLP, attorneys for defendant, MONTEFIORE MEDICAL CENTER, a Verified Bill of Particulars, within twenty (20) days after service of this Demand, which shall set forth the following information: 1. Set forth the year of the plaintiff’s decedent’s birth (but please include the plaintiff’s complete date of birth on all authorizations served in this matter). 2. Set forth the year of the plaintiff’s birth. 3. Set forth the last 4 digits of the plaintiff’s decedent’s Social Security number (but please include the plaintiff’s complete SSN on all authorizations served in this matter). 4. Set forth the post office address and actual residence address of the plaintiff’s decedent: (a) at the time of the alleged negligent acts or omissions of the defendant MONTEFIORE MEDICAL CENTER; and (b) at the time of the plaintiff’s decedent’s death. 5. Set forth the date of the plaintiff’s decedent’s death. FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021 6. Set forth the dates upon which the defendant, MONTEFIORE MEDICAL CENTER, allegedly provided care or treatment to the plaintiff’s decedent in a negligent manner and for which this action seeks damages. 7. Set forth the exact location of the alleged acts and/or omissions constituting the alleged ordinary negligence of the defendant, MONTEFIORE MEDICAL CENTER. 8. Set forth the acts and/or omissions constituting the alleged medical malpractice of MONTEFIORE MEDICAL CENTER. 9. If the defendant, MONTEFIORE MEDICAL CENTER, is alleged to have committed gross negligence, set forth the acts and/or omissions constituting the alleged gross negligence of said defendant. 10. If an award of punitive damages is sought against the defendant, MONTEFIORE MEDICAL CENTER, set forth the acts or omissions for which punitive damages are sought against said defendant. 11. Set forth the acts and/or omissions constituting the alleged intentional torts, if any, of MONTEFIORE MEDICAL CENTER. 12. Set forth the medical condition of the plaintiff’s decedent, if any, which it is claimed that MONTEFIORE MEDICAL CENTER undertook to diagnose and/or treat. 13. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed to heed the plaintiff’s decedent’s signs, symptoms and/or complaints. If the answer is affirmative, identify each sign, symptom and/or complaint which it is claimed MONTEFIORE MEDICAL CENTER failed to heed or appreciate, and its significance. 14. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed to perform a proper physical examination of the plaintiff’s decedent. If the answer is affirmative, state the date when and in what respects the physical examination is claimed to be improper. FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021 15. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed to take an adequate medical history of the plaintiff’s decedent. If the answer is affirmative, state the date when and in what respects it is claimed that the history taken by MONTEFIORE MEDICAL CENTER was inadequate. 16. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed to perform necessary tests or other diagnostic procedures on the plaintiff’s decedent. If the answer is affirmative, state the name and/or description of each test or diagnostic procedure which it is claimed was or was not properly ordered or performed by MONTEFIORE MEDICAL CENTER, and state the date when it will be claimed that such tests, etc., should have been ordered or performed. 17. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed to properly interpret tests, and/or diagnostic procedures. If the answer is affirmative, state the name of each test and diagnostic procedure which it is claimed MONTEFIORE MEDICAL CENTER failed to properly interpret, and the date when each such test, and/or diagnostic procedure was performed or interpreted. 18. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed to refer the plaintiff. If the answer is affirmative, state the type of specialist it will be claimed that the plaintiff’s decedent should have been referred to, and the date it is claimed that the referral should have been made. 19. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed to properly medicate the plaintiff’s decedent. If the answer is in the affirmative, state the date when and in what respects it is claimed that MONTEFIORE MEDICAL CENTER failed to properly medicate the plaintiff’s decedent. FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021 20. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER prescribed and/or administered contraindicated and/or unnecessary medication to the plaintiff’s decedent. If the answer is affirmative, state the date and the name of each contraindicated and/or unnecessary medication which it is claimed MONTEFIORE MEDICAL CENTER prescribed and/or administered. 21. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed to render proper treatment to the plaintiff’s decedent, and, if the answer is affirmative, state the date when and in what respects it is claimed that MONTEFIORE MEDICAL CENTER failed to render proper treatment to the plaintiff’s decedent. 22. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed to timely treat, care for or render services to the plaintiff’s decedent. If the answer is affirmative, state the date and name or description of each treatment or modality of care or services which it is claimed was not timely ordered or performed. 23. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER improperly performed procedures upon the plaintiff’s decedent. If the answer is affirmative, identify the date and name of the procedures, and state in what respects it is claimed that said procedures were improperly performed by MONTEFIORE MEDICAL CENTER 24. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed to make a proper diagnosis. If the answer is affirmative, state the claimed correct diagnosis and the date when each such diagnosis should have been made. 25. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed to obtain an informed consent from or on behalf of the plaintiff’s decedent. If the answer is affirmative, state in what respect it is claimed MONTEFIORE MEDICAL CENTER failed to obtain an informed consent from or on behalf of the plaintiff’s decedent. FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021 26. Set forth whether it will be claimed that MONTEFIORE MEDICAL CENTER failed to advise the plaintiff’s decedent (or her family member or other representative, if applicable) of the risks, hazards and alternatives to the course of care, treatment and/or services rendered. If the answer is affirmative, state each risk, hazard and alternative which it is claimed MONTEFIORE MEDICAL CENTER should have disclosed but failed to disclose. 27. As to any claim that MONTEFIORE MEDICAL CENTER rendered any care, treatment or services requiring an informed consent, or performed any procedure requiring an informed consent, without obtaining the required informed consent, set forth: (a) Whether the plaintiff’s decedent (or her spouse, domestic partner, family member, significant other, or other proper representative, on her behalf) signed a written consent form authorizing the care, treatment or services rendered by MONTEFIORE MEDICAL CENTER, and, if so, the date and place of signing. (b) The risks of and alternatives to the care, treatment, services or procedure requiring the informed consent which were known to the plaintiff’s decedent (or to her spouse, domestic partner, family member, significant other, or other proper representative, on her behalf) prior to the care, treatment, services or procedure being rendered or performed. (c) The information concerning the risks and alternatives which was imparted to the plaintiff’s decedent (or her is spouse, domestic partner, family member, significant other, or other proper representative, on her behalf) by the defendant, MONTEFIORE MEDICAL CENTER. (d) The information concerning the risks and alternatives which was imparted to the plaintiff’s decedent (or her spouse, domestic partner, family member, significant other, or other proper representative, on her behalf) by sources other than the defendant. (e) Whether any assurances were given by the plaintiff’s decedent (or her spouse, domestic partner, family member, significant other, or other proper representative, on her behalf), that, regardless of the risks that might exist, the plaintiff’s decedent would undergo the treatment or services otherwise requiring the informed consent. (f) Whether the plaintiff’s decedent (or her spouse, domestic partner, family member, significant other, or other proper representative, on her behalf) indicated that she did not want to be informed of the risks and/or alternatives. (g) The circumstances making it reasonably possible for defendant, MONTEFIORE MEDICAL CENTER, to obtain an informed consent from the plaintiff’s decedent (or from her spouse, domestic partner, family member, significant other, or other proper FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021 representative, on her behalf) concerning the risks and/or alternatives to the care, treatment, services or procedure at issue. (h) The additional information, if any, which it is claimed should have been provided to the plaintiff’s decedent (or to her spouse, domestic partner, family member, significant other, or other proper representative, on her behalf) concerning the risks and/or alternatives to the care, treatment, services or procedure at issue. (j) Whether MONTEFIORE MEDICAL CENTER’s care, treatment or services, or any procedure at issue, was rendered in the course of an emergency. 28. Set forth each and every other act or omission not set forth in response to Questions 1 through 26, above, which the plaintiff will claim constitutes an element or portion of the malpractice, negligence or gross negligence of the defendant, MONTEFIORE MEDICAL CENTER. 29. Set forth each and every injury claimed to have been sustained by the plaintiff’s decedent, with the duration thereof, and alleging specifically which injuries are claimed to be permanent and in what respect they are claimed to be permanent. 30. Set forth every additional item of damage or expense alleged to have been sustained by the plaintiff’s decedent, and/or the decedent’s estate and/or the plaintiff, as result of the wrongful or tortious conduct alleged herein. 31. Set forth all categories of economic loss and special damages claimed to have been sustained by the plaintiff’s decedent and/or the decedent’s estate and/or the plaintiff, including, but not limited to: (a) Lost earnings; (b) Medical and Hospital expenses; (c) Medications and medical supplies; (d) Nursing, physical therapy and home health care; (e) any other special damages not identified above. FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021 32. Set forth a complete list of the plaintiff’s decedent’s spouses, children (natural and adopted), distributees (pursuant with the EPTL), and next of kin, including the age, residential address and precise relationship to the decedent, of each such person. 33. Set forth the accepted nursing standards which the plaintiff claims were violated and departed from by MONTEFIORE MEDICAL CENTER, if any. 34. Set forth the manner in which MONTEFIORE MEDICAL CENTER departed from each of the nursing standards identified in the response to the last question. 35. If it is claimed that any negligence or malpractice by other parties, persons or entities occurred prior to the complained-of care and treatment provided by MONTEFIORE MEDICAL CENTER, set forth the names of the parties, persons and/or entities responsible for that prior care and treatment, and specify what acts or omissions constituted the prior negligence or malpractice. 36. If it is claimed that any negligence or malpractice occurred subsequent to the care, treatment or services rendered by MONTEFIORE MEDICAL CENTER, set forth the names of the parties, persons or entities responsible therefor, and specify what acts or omissions constituted the claimed subsequent negligence or malpractice. 37. Set forth whether it will be claimed that any code, rule, regulation, statute or other law of the City or State of New York was violated by MONTEFIORE MEDICAL CENTER. If the answer is affirmative, state the New York City or State code, rule, regulation, statute or other law, and the provisions or subsections thereof, which itwill be claimed was/were violated by MONTEFIORE MEDICAL CENTER. 38. Set forth whether it will be claimed that any federal law, rule or regulation was violated by MONTEFIORE MEDICAL CENTER. If the answer is affirmative, state the federal law, FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021 rule or regulation, and the provisions or subsections thereof, which it will be claimed was/were violated by MONTEFIORE MEDICAL CENTER. 39. Set forth whether a claim for vicarious liability will be made against MONTEFIORE MEDICAL CENTER. If the answer is affirmative, state the name of each person who performed the alleged negligent acts or omissions for which MONTEFIORE MEDICAL CENTER should be held vicariously liable, and, if the names are not known, describe them by physical appearance, occupation and/or relationship to MONTEFIORE MEDICAL CENTER. 40. Set forth whether it will be claimed that improper or defective equipment was used by the defendant, MONTEFIORE MEDICAL CENTER, and, if so, identify the equipment and state the impropriety or defect: (a) If notice is a prerequisite, state whether actual or constructive notice is claimed; (b) If actual notice is claimed, state the time, place and manner such notice was given and the name of the person to whom such notice was given; (c) If constructive notice is claimed, set forth the nature of the constructive notice and how long the defect existed before the claim arose. 41. If it is claimed that any negligence or malpractice was committed by any individual or entity other than MONTEFIORE MEDICAL CENTER, state the name(s) of the individual(s) or entity(ies) responsible for this negligence and/or malpractice, and identify or describe such negligence and/or malpractice. 42. If it is alleged herein that instances or occasions of medical malpractice on the part of the answering defendant which occurred more than 2½ years before the filing date of the action are, due to the doctrine of continuous treatment, still viable for inclusion in this action and not time- barred by the statute of limitations, set forth: FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/16/2021 a. The medical condition or injury for which the answering defendant was continuously treating the plaintiff. b. The first date of the treatment rendered by the answering defendant for that condition. c. The last date of the treatment rendered by the answering defendant for that condition. 43. Set forth the names or descriptions of any injuries or medical conditions which the plaintiff will assert were caused by negligent care, treatment or services rendered by the defendant, MONTEFIORE MEDICAL CENTER, but which were not subsequently treated by the defendant, MONTEFIORE MEDICAL CENTER. 44. Set forth the names and addresses of any medical providers who treated the plaintiff’s decedent for injuries or medical conditions which the plaintiff will assert were caused by negligent care, treatment or services rendered by the defendant, MONTEFIORE MEDICAL CENTER. 45. Set forth whether it is claimed that MONTEFIORE MEDICAL CENTER aggravated a pre-existing injury or condition of the plaintiff’s decedent. If the answer is affirmative, specify the pre-existing injury or condition which was aggravated and how it is claimed said injury or condition was aggravated. 46. State the length of time that, and the dates when, the plaintiff’s decedent was: (a) Wholly confined to bed due to the injuries alleged; (b) Wholly confined to the house due to the injuries alleged; (c) Wholly confined to a hospital due to the injuries alleged; (d) Wholly confined to a nursing home or rehabilitation facility due to the injuries alleged; (e) Wholly incapacitated from his/her usual activities of daily living. 47. State each activity from which the plaintiff’s decedent was allegedly wholly incapacitated. FILED: WESTCHESTER COUNTY CLERK 08/16/2021 04:36 PM INDEX NO. 64205/2020 NYSCEF DOC. NO. 51