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FILED: QUEENS COUNTY CLERK 05/15/2019 10:20 AM INDEX NO. 717964/2018
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
TERESA ROBINSON and DEREK ROBINSON,
Index #: 717964/2018
Plaintiff,
-against- VERIFIED ANSWER
NORTHWELL HEALTH, INC., LONG ISLAND JEWISH
MEDICAL CENTER, DEEPAK NANDA, M.D., P.C.,
DEEPAK NANDA, M.D. and EMMANUEL M. PAFOS,
M.D.,
Defendants.
Def6ñdâñt, DEEPAK NANDA M.D. P.C. s/h/a DEEPAK NANDA, M.D., P.C., by its
attorneys, BROWN, GAUJEAN, KRAUS & SASTO, PLLC, for a Verified Answer to the
Complaint herein, alleges as follows upon infounation and belief:
AS AND TO THE FIRST CAUSE OF ACTION
1. Denies knowledge or information sufficient to foun a belief as to the allegaticils
colitained in paragraphs "1", "2", "3", "4", "5", "6", "7", "8", "9", "10", "14"1, "16", "26",
"27" "31"
and of the Complaint.
"11"
2. Denies the allegations contained in paragraph of the Complaint, in the fonn
alleged, except mimita that DEEPAK NANDA M.D. P.C. s/h/a DEEPAK NANDA, M.D., P.C.
was and isa domestic professional corporation duly organized and existing under and by virtue
of the laws of the State of New York.
Thisreferstothesecondparagraphnumbered"14"foundatthetopofpage3oftheComplaint.
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")2"
3. Denies the allegatiors contained in paragraph of the Complaint, in the form
except adm½ that DEEPAK M.D. was and is a physician licensed to
alleged, NANDA, duly
practice medicine in the State of New York.
"13"
4. Denies the allegations contained in paragraph of the Cemplit, in the form
alleged, except admits that EMMANUEL M. PAFOS, M.D. was and is a physician duly
licersed to practice medicine in the State of New York,
5, Denies the allegaticus contained in pragmphs "14"2, "15", "20"3, "20"4, "21", "22",
"24" "25"
"23", and of the Complaint, in the form alleged, and respectfully refers allquestions
of law and fact to the judge and jury.
"17"
6. Denies the allegations contained in paragraph of the Complaiñt, in the form
alleged, except admits that DEEPAK NANDA, M.D. has privileges at the defendant, LONG
ISLAND JEWISH MBDICAL CENTER.
"18"
7. Denies the allegatiorm contained in paragraph of the Complaint, in the form
alleged, except admits that EMMANUEL M. PAFOS, M.D. has privileges at the defendañt,
LONG ISLAND JEWISH MEDICAL CENTER.
"19"
8. There is no paragraph in the Complaint.
"28"
9, Denies the allegations contaiñcd in paragraph of the r'nmnhint and respectfully
refers all questions of law and fact to the judge and jury.
"33" "34"
10. Denies the allegations coñtaiñêd in paragraphs "29", "30", "32", and of the
Complaint in the form alleged; respectfully refers allquestions of law and fact to the judge and
2 "14"
Thismfers to thefirstparagraÃmnbered found on page 2 ofthe Campkint
3 This paragraph "20"
refersto thefirst numbered found on page 3 ofthe C^mpkint
4 This "20"
refersto thesecond paragraph -2-3=~d found on page 3 of theComplaint.
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jury; and refers to the relevañt medical records concerning the timing, extent and nature of
services rendered to the plaintiff, Teresa Robinson.
"35"
11. Denies the allegations conte=ad in paragraph of the Compiâint, in the foun
alleged, and respectMy refers all question of law and fact to a judge and jury, except admits
that DEEPAK M.D. was and is a physician Unanaad to practice medicine in the
NANDA, duly
State of New York; that EMMANUEL M. PAFOS, M.D. was and is a physician duly licensed
to practice medicine in the State of New York; and admits that DEEPAK NANDA M.D. P.C.
s/h/a DEEPAK NANDA, M.D., P.C. was and is a domestic profe=ioñal corporation duly
organized and existing under and by virtue of the laws of the State of New York.
12. Denies knowledge or information sufficient to form a belief as to the allegations
nantainad "36"
in paragraph of the Complaint and refers all qücstions of law and fact to the
judge and jury.
"41" "42"
13. Denies the allegations coñtained in paragraphs "37", "38", "39", "40", and
of the Complaint.
AS AND TO THE SECOND CAUSE OF ACTION
"43"
14. Answering paragraph of the Verified Complaiñt, the answering dafandantrepeats,
reiterates and realleges each and every denial heretofore made in regard to each and every
"1" "42"
paragraph coñtaiñcd in the Verified Caplant, desigñâ‡cd as paragraphs through
inclusive, with the same force and effect as ifmore fully set forth at length herein.
"47" "48" "49"
15. Denies the allegations contained in paragraphs "44", "45", "46", and
of the Complaint.
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AS AND TO THE THIRD CAUSE OF ACTION
"50"
16. Answering paragraph of the Verified CO1ñplaiñt, the âñsweiing defendant repeats,
reiterates and realleges each and every denial heretofore made in regard to each and every
"1" "49"
paragraph contained in the Verified Compleint, designated as paragraphs through
inclusive, with the same force and effect as ifmore fully set forth at length herein.
"37"
17. Denies the allegations contained in paragraphs "31", "32", "33", "34", "35", "36",
"38" Complaint.5
and in the
AS TO THE FOURTH CAUSE OF ACTION
"39" Compla
18. Answering paragraph of the Verified W, the answering deendant repeats,
reiterates and realleges each and every denial heretofore made in regard to each and every
"1" "50"
paragraph contained in the Verified Complaint, designated as paragraphs through and
"31" "38"
threügh inclusive, with the same force and effect as ifmore fully set forth at length
herein,
19. Denies kñcvviedge or information sufficient to form a belief as to the allegations
"41" "44"
contained in paragraphs "40", and of the Complaint.
"45" "46"
20. Denies the allegations contained in paragraphs "42", "43", and of the
Complaint.
plaintiffs'
PLEASE BE ADVISED, any paragraph of Co-ph'nt not answered is denied.
AS AND FOR A FIRST COMPLETE, DISTINCT AFFIRMATIVE DEFENSE:
5 1" "38"
This refersto thesecond set ofparagraphs --'-d "3 through found on pages 9 and 10 of the
Complaint.
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21. That the personal injuries and damagas allegedly sustenied by the infant-plaintiff was
not brougjit about by any negligence or malpractice on the part of defendant, DEEPAK
NANDA M.D, P.C, s/h/a DEEPAK NANDA, M.D., P.C., but rather was due to the physical
coñdition, illness, pre-exis:ting condition(s), contributory negligence, assu*nption of risk,
coñtilbutory fault and/or culpably conduct attributable to the plaintiff(s) to the extent of total
and/or partial dind=fim of damages alleged in the Verified Complaint.
AS AND FOR A SECOND COMPLETE3 DISTIlyCT AFFIRMATIVE DEFENSE:
2L That the relative onlpability of each person who is or may be liable for the dareagas
alleged by the plaintiff in this action should be determined in accordance with Article 14 of
the Civil Practice Law and Rules and the equitable share of each person liable for contribution
should be determined in accordance with the relative culpability of each person, if any.
AS AND FOR A THIRD COMPLETE, DISTINCT AFFIRMATIVE DEFENS_E_1
!
22. Upon trial,itmay appear that the liability of answering def=d=+is fifty percent or
less of the total liability, and if so, the liability of the answering defendant for non-economic
loss shall not exceed that defendant's equitsble share determined in acecrd-ce with the
relative of each person or to the total for non-
culpability causing contributing liability
economic loss,pursuant to Article 16 of the Civil Practice Law and Rules.
AS AND FOR A FOURTH COMPLETE, DISTINCT AFFIRMATIVE DEFENSE:
23. Pursuant to Section 4545 of the Civil Practice Law and Rules defendant, DBEPAK
NANDA M.D. P.C. s/h/a DEEPAX NANDA, M.D., P.C., is entitled to an offset for
reimbuiment or indemnification received by the plaintiff(s) for the cost of medical care,
dental care, pediatric care, custodial care or rehabilitative services, loss of earnings or other
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economic loss claimed in this action from any collateral source, inclueng but not limited to:
disability insurance, credit disability insurâñce, employer-provided sick pay or income
continuation plans, disability pu visicñs under qualified or non-qualified retirement plans,
mortgage disability insurance, travel accident insurance, hospital indemñity iñsurance,
mescal, dental, surgical, diagnetstic x-ray, laboratory, or major medical insurance, including
workers'
coverage provided by a health maintenance insurer, compensation beñ6ñts or
employee benefit programs and Social Security beñests ·except for benefits received under
Title XVIII of the Social Security Act (Health Lucurance for the Aged and Disabicd).
AS AND FOR A FIFTH COMPLETE, DISTINCT AFFIRMATIVE DEFENSE:
24. If plaintiff(s) is/are entitled to mcover damages for loss of earnings or impairment of
earning ability as agaiñst defcñdant, DEEPAK NANDA M.D. P.C. s/b/a DEEPAK NANDA,
M.D., P.C., by reason of the matters alleged in the Complaint, liability for which is hereby
denied, then pursuant to CPLR §4546 the amount of damages recoverable against said
defendant, ifany, shall be reduced by the amount of federal, state and localincome taxes which
the plaintiff would have been obligated by law to pay.
AS AND FOR A SIXTH COMPLETE, DISTINCT AFFIRMATIVE DEFENSE:
25. The defeñses set forth in Public Health Law Section 2805(d) are hereby asserted by
DEEPAK NANDA M.D. P.C. s/h/a DEEPAK NANDA, M.D., P.C. to the allegations set forth
in the Complaint.
AS AND FOR A SEVENTH COMPLETE, DISTINCT AFFIRMATIVE DEFENSE:
26. In the event that the plaintiff(s) give(s) a release or a covenant not to sue or not to
enforce a judgment to one of two or more persons claimed to be liable for the same mjury
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Plaintiffs'
alleged in the Verified Complaint, the añsworing defendant will seek an offset
pursuant to Section 15-108 of the General Obligation Law.
AS AND FOR AN EIGHTH COMPLETE, DISTINCT AFFIRMATIVE DEFENSE:
27. The defendent pleads the provisions of Article 50 of the CPLR. That if the plaintiffs
secure judgment ag±ct the answering defendant, then future dar.1ages as defmed in Article
50-B of the CPLR shall be paid out in structured installments pursuant to Article 50-B of the
CPLR.
AS AND FOR A NINTH COMPLETE, DISTINCT AFFIRMATIVE DEFENSE:
28, That the Court lacks personal jurisdiction over the answering defcedent due to the fact
that service was not accomplished as proscribed by statute,
AS AND FOR A TENTH COMPLETE. DISTINCT AFFIRMATIVE DEFENSE1
29. The alleged causes of action set forth in the complaint did not accrue within the
applicable statutory period pracadiñg ce-=cement of said actions, and said actione are
barred by the statute of limitations.
WHEREFORE, defendant, DEEPAK NANDA M.D. P.C. s/h/a DEEPAK NANDA,
M.D., P.C., demands judgment as follows:
1. the Coghiñt together with costs and disburs-N of this
Dis±±g herein,
action;
Plaintiffs'
2. damages to be diminished in the proportioñ which the culpable
conduct attributãble to the plaintiff(s) bears to the culpable conduct which
caused the damages, and
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3. For such other, further and different relief as may seem just, equitable and
proper, together with the costs and disbursements of this action.
Dated: March 20, 2019
White Plains, New York
Yours, etc.,
BROWN, GAUJEAN, KRAUS & SASTO, PLLC
By:
e M. Portera
Attorn r Defendant
DEEPAK NANDA M.D. P.C. s/h/a
DEEPAK NANDA, M.D., P.C.
One North - Suite 1010
Broadway
White Plains, New York 10601
(914) 949-5300
oc: MUNAWAR & ANDREWS-SANTILLO, LLP
Attorneys for Plaintiffs
420 Lexington Avenue, Suite 2601
New York, New York 10170 .
(212) 400-4000
LAW OFFICES OF BENVENUTO & SLATTERY
Attorneys for Defendants
LONG ISLAND JEWISH MEDICAL CENTER and
NORTHWELL HEALTH, INC.
1800 Northern Boulevard
Roslyn, New York 11576
(516) 775-2236
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VERIFICATION:
STATE OF NEW YORK )
)ss:
COUNTY OF WESTCHESTER )
GINETTE M, PORTERA, being duly sworn, deposes and says:
That I am one of the attorneys for the answering defendant, DEEPAK NANDA M.D.
P.C. s/h/a DEEPAK NANDA, M.D., P,C., in the within action; that I have read the foregoing
VERIFIED ANSWER to the Complaiñt dated March 20, 2019 and know the contents thereof
that the same is trueto my own laicwledge, except as to the mat+æ therein stated to be alleged
on information and belief, and that as to those matters I believe it to be true, The reason this
verification is made by deponent and not the arswering defendant is that said defendant is not
within the County in which deponent has their offices, and the facts set forth herein.are upon
information and belief derived from the records and papers in deponent's offices.
Dated: White Plains, New York
March 20, 2019
G E TE M. PORTERA
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FILED: QUEENS COUNTY CLERK 05/15/2019 10:20 AM INDEX NO. 717964/2018 NYSCEF IFILED DOC. NO. QUÈÏNS 21 COUNTY CLERK RECEIVEDINDEX NYSCEF: NO. 05/15/2019 717964/.!018 : 0 3 / 2 0 / 2 0 19 03 : 43 PM) NYSCEF DOC. NO 14 RECEIVED NYSCEF: 03/20/3019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS TERESA ROBINSON and DEREK ROBINSON, Index #: 717964/2018 Plaintiff, -against- VERIFIED ANSWER NORTHWELL HEALTH, INC., LONG ISLAND JEWISH MEDICAL CENTER, DEEPAK NANDA, M.D., P.C., DEEPAK NANDA, M.D. and EMMANUEL M. PAFOS, M.D., Defendants. Def6ñdâñt, DEEPAK NANDA M.D. P.C. s/h/a DEEPAK NANDA, M.D., P.C., by its attorneys, BROWN, GAUJEAN, KRAUS & SASTO, PLLC, for a Verified Answer to the Complaint herein, alleges as follows upon infounation and belief: AS AND TO THE FIRST CAUSE OF ACTION 1. Denies knowledge or information sufficient to foun a belief as to the allegaticils colitained in paragraphs "1", "2", "3", "4", "5", "6", "7", "8", "9", "10", "14"1, "16", "26", "27" "31" and of the Complaint. "11" 2. Denies the allegations contained in paragraph of the Complaint, in the fonn alleged, except mimita that DEEPAK NANDA M.D. P.C. s/h/a DEEPAK NANDA, M.D., P.C. was and isa domestic professional corporation duly organized and existing under and by virtue of the laws of the State of New York. Thisreferstothesecondparagraphnumbered"14"foundatthetopofpage3oftheComplaint. 1 of 9 FILED: QUEENS COUNTY CLERK 05/15/2019 10:20 AM INDEX NO. 717964/2018 NYSCEF F ILED DOC. QUEÚNS NO. 21 RECEIVEDINDEX NYSCEF: NO . 717 05/15/2019 9 64 / 2 0 1 8 : COUNTY CLERK 03 / 2 Ó / 2 0 19 03 : 43 PM| NYSCEF DOC. NC. 14 RECEIVED NYSCEF: 03/20/2019 ")2" 3. Denies the allegatiors contained in paragraph of the Complaint, in the form except adm½ that DEEPAK M.D. was and is a physician licensed to alleged, NANDA, duly practice medicine in the State of New York. "13" 4. Denies the allegations contained in paragraph of the Cemplit, in the form alleged, except admits that EMMANUEL M. PAFOS, M.D. was and is a physician duly licersed to practice medicine in the State of New York, 5, Denies the allegaticus contained in pragmphs "14"2, "15", "20"3, "20"4, "21", "22", "24" "25" "23", and of the Complaint, in the form alleged, and respectfully refers allquestions of law and fact to the judge and jury. "17" 6. Denies the allegations contained in paragraph of the Complaiñt, in the form alleged, except admits that DEEPAK NANDA, M.D. has privileges at the defendant, LONG ISLAND JEWISH MBDICAL CENTER. "18" 7. Denies the allegatiorm contained in paragraph of the Complaint, in the form alleged, except admits that EMMANUEL M. PAFOS, M.D. has privileges at the defendañt, LONG ISLAND JEWISH MEDICAL CENTER. "19" 8. There is no paragraph in the Complaint. "28" 9, Denies the allegations contaiñcd in paragraph of the r'nmnhint and respectfully refers all questions of law and fact to the judge and jury. "33" "34" 10. Denies the allegations coñtaiñêd in paragraphs "29", "30", "32", and of the Complaint in the form alleged; respectfully refers allquestions of law and fact to the judge and 2 "14" Thismfers to thefirstparagraÃmnbered found on page 2 ofthe Campkint 3 This paragraph "20" refersto thefirst numbered found on page 3 ofthe C^mpkint 4 This "20" refersto thesecond paragraph -2-3=~d found on page 3 of theComplaint. 2 of 9 FILED: QUEENS COUNTY CLERK 05/15/2019 10:20 AM INDEX NO. 717964/2018 NYSCEF DOC. NO. 21 RECEIVED INDEX NYSCEF: NO. 05/15/2019 717964/2018 F ILED : QUE NS COUNTY CLERK 03/2 0 /2019 03 : 43 PM NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/20/2019 jury; and refers to the relevañt medical records concerning the timing, extent and nature of services rendered to the plaintiff, Teresa Robinson. "35" 11. Denies the allegations conte=ad in paragraph of the Compiâint, in the foun alleged, and respectMy refers all question of law and fact to a judge and jury, except admits that DEEPAK M.D. was and is a physician Unanaad to practice medicine in the NANDA, duly State of New York; that EMMANUEL M. PAFOS, M.D. was and is a physician duly licensed to practice medicine in the State of New York; and admits that DEEPAK NANDA M.D. P.C. s/h/a DEEPAK NANDA, M.D., P.C. was and is a domestic profe=ioñal corporation duly organized and existing under and by virtue of the laws of the State of New York. 12. Denies knowledge or information sufficient to form a belief as to the allegations nantainad "36" in paragraph of the Complaint and refers all qücstions of law and fact to the judge and jury. "41" "42" 13. Denies the allegations coñtained in paragraphs "37", "38", "39", "40", and of the Complaint. AS AND TO THE SECOND CAUSE OF ACTION "43" 14. Answering paragraph of the Verified Complaiñt, the answering dafandantrepeats, reiterates and realleges each and every denial heretofore made in regard to each and every "1" "42" paragraph coñtaiñcd in the Verified Caplant, desigñâ‡cd as paragraphs through inclusive, with the same force and effect as ifmore fully set forth at length herein. "47" "48" "49" 15. Denies the allegations contained in paragraphs "44", "45", "46", and of the Complaint. 3 of 9 FILED: QUEENS COUNTY CLERK 05/15/2019 10:20 AM INDEX NO. 717964/2018 NYSCEF DOC. NO. 21 NS RECEIVEDINDEX NYSCEF: NO. 717 05/15/2019 964/ 2018 F ILED : QUE COÜÑTY CLERK 03 / 2 0 / 2 O 19 03 : 43__P_MJ NYSCEF DOC. NC 14 RECEIVED NYSCEF : 03/20/ 019 AS AND TO THE THIRD CAUSE OF ACTION "50" 16. Answering paragraph of the Verified CO1ñplaiñt, the âñsweiing defendant repeats, reiterates and realleges each and every denial heretofore made in regard to each and every "1" "49" paragraph contained in the Verified Compleint, designated as paragraphs through inclusive, with the same force and effect as ifmore fully set forth at length herein. "37" 17. Denies the allegations contained in paragraphs "31", "32", "33", "34", "35", "36", "38" Complaint.5 and in the AS TO THE FOURTH CAUSE OF ACTION "39" Compla 18. Answering paragraph of the Verified W, the answering deendant repeats, reiterates and realleges each and every denial heretofore made in regard to each and every "1" "50" paragraph contained in the Verified Complaint, designated as paragraphs through and "31" "38" threügh inclusive, with the same force and effect as ifmore fully set forth at length herein, 19. Denies kñcvviedge or information sufficient to form a belief as to the allegations "41" "44" contained in paragraphs "40", and of the Complaint. "45" "46" 20. Denies the allegations contained in paragraphs "42", "43", and of the Complaint. plaintiffs' PLEASE BE ADVISED, any paragraph of Co-ph'nt not answered is denied. AS AND FOR A FIRST COMPLETE, DISTINCT AFFIRMATIVE DEFENSE: 5 1" "38" This refersto thesecond set ofparagraphs --'-d "3 through found on pages 9 and 10 of the Complaint. 4 of 9 FILED: QUEENS COUNTY CLERK 05/15/2019 10:20 AM INDEX NO. 717964/2018 NYSCEF DOC. NO. 21 RECEIVED INDEX NYSCEF: NO. 05/15/2019 717964 /2 018 FILED : QUEbNS COUNTY CLERK 03 /2 0 / 2019 03 : 43 PM| NYSCEF DOC. NC. 14 RECEIVED NYSCEF: 03/20/2019 21. That the personal injuries and damagas allegedly sustenied by the infant-plaintiff was not brougjit about by any negligence or malpractice on the part of defendant, DEEPAK NANDA M.D, P.C, s/h/a DEEPAK NANDA, M.D., P.C., but rather was due to the physical coñdition, illness, pre-exis:ting condition(s), contributory negligence, assu*nption of risk, coñtilbutory fault and/or culpably conduct attributable to the plaintiff(s) to the extent of total and/or partial dind=fim of damages alleged in the Verified Complaint. AS AND FOR A SECOND COMPLETE3 DISTIlyCT AFFIRMATIVE DEFENSE: 2L That the relative onlpability of each person who is or may be liable for the dareagas alleged by the plaintiff in this action should be determined in accordance with Article 14 of the Civil Practice Law and Rules and the equitable share of each person liable for contribution should be determined in accordance with the relative culpability of each person, if any. AS AND FOR A THIRD COMPLETE, DISTINCT AFFIRMATIVE DEFENS_E_1 ! 22. Upon trial,itmay appear that the liability of answering def=d=+is fifty percent or less of the total liability, and if so, the liability of the answering defendant for non-economic loss shall not exceed that defendant's equitsble share determined in acecrd-ce with the relative of each person or to the total for non- culpability causing contributing liability economic loss,pursuant to Article 16 of the Civil Practice Law and Rules. AS AND FOR A FOURTH COMPLETE, DISTINCT AFFIRMATIVE DEFENSE: 23. Pursuant to Section 4545 of the Civil Practice Law and Rules defendant, DBEPAK NANDA M.D. P.C. s/h/a DEEPAX NANDA, M.D., P.C., is entitled to an offset for reimbuiment or indemnification received by the plaintiff(s) for the cost of medical care, dental care, pediatric care, custodial care or rehabilitative services, loss of earnings or other 5 of 9 FILED: QUEENS COUNTY CLERK 05/15/2019 10:20 AM INDEX NO. 717964/2018 NYSCEF DOC. NO. 21 RECEIVED INDEX NYSCEF: NO. 05/15/2019 717964/;018 [F ILED : QUE!pNS COUNTY CLERK 03/20 /2 019 03 : 43 PMI NYSCEF DOC. N , 14 RECEIVED NYSCEF: 03/20/2019 economic loss claimed in this action from any collateral source, inclueng but not limited to: disability insurance, credit disability insurâñce, employer-provided sick pay or income continuation plans, disability pu visicñs under qualified or non-qualified retirement plans, mortgage disability insurance, travel accident insurance, hospital indemñity iñsurance, mescal, dental, surgical, diagnetstic x-ray, laboratory, or major medical insurance, including workers' coverage provided by a health maintenance insurer, compensation beñ6ñts or employee benefit programs and Social Security beñests ·except for benefits received under Title XVIII of the Social Security Act (Health Lucurance for the Aged and Disabicd). AS AND FOR A FIFTH COMPLETE, DISTINCT AFFIRMATIVE DEFENSE: 24. If plaintiff(s) is/are entitled to mcover damages for loss of earnings or impairment of earning ability as agaiñst defcñdant, DEEPAK NANDA M.D. P.C. s/b/a DEEPAK NANDA, M.D., P.C., by reason of the matters alleged in the Complaint, liability for which is hereby denied, then pursuant to CPLR §4546 the amount of damages recoverable against said defendant, ifany, shall be reduced by the amount of federal, state and localincome taxes which the plaintiff would have been obligated by law to pay. AS AND FOR A SIXTH COMPLETE, DISTINCT AFFIRMATIVE DEFENSE: 25. The defeñses set forth in Public Health Law Section 2805(d) are hereby asserted by DEEPAK NANDA M.D. P.C. s/h/a DEEPAK NANDA, M.D., P.C. to the allegations set forth in the Complaint. AS AND FOR A SEVENTH COMPLETE, DISTINCT AFFIRMATIVE DEFENSE: 26. In the event that the plaintiff(s) give(s) a release or a covenant not to sue or not to enforce a judgment to one of two or more persons claimed to be liable for the same mjury 6 of 9 FILED: QUEENS COUNTY CLERK 05/15/2019 10:20 AM INDEX NO. 717964/2018 NYSCEF DOC. NO. 21 RECEIVED INDEX NYSCEF: NO. 05/15/2019 717964/5 018 [FILED : QUEMNS COUNTY CLERK 03/20 /2019 03 : 43 PMJ NYSCEF DOC. NC 14 RECEIVED NYSCEF: 03/20/5 019 Plaintiffs' alleged in the Verified Complaint, the añsworing defendant will seek an offset pursuant to Section 15-108 of the General Obligation Law. AS AND FOR AN EIGHTH COMPLETE, DISTINCT AFFIRMATIVE DEFENSE: 27. The defendent pleads the provisions of Article 50 of the CPLR. That if the plaintiffs secure judgment ag±ct the answering defendant, then future dar.1ages as defmed in Article 50-B of the CPLR shall be paid out in structured installments pursuant to Article 50-B of the CPLR. AS AND FOR A NINTH COMPLETE, DISTINCT AFFIRMATIVE DEFENSE: 28, That the Court lacks personal jurisdiction over the answering defcedent due to the fact that service was not accomplished as proscribed by statute, AS AND FOR A TENTH COMPLETE. DISTINCT AFFIRMATIVE DEFENSE1 29. The alleged causes of action set forth in the complaint did not accrue within the applicable statutory period pracadiñg ce-=cement of said actions, and said actione are barred by the statute of limitations. WHEREFORE, defendant, DEEPAK NANDA M.D. P.C. s/h/a DEEPAK NANDA, M.D., P.C., demands judgment as follows: 1. the Coghiñt together with costs and disburs-N of this Dis±±g herein, action; Plaintiffs' 2. damages to be diminished in the proportioñ which the culpable conduct attributãble to the plaintiff(s) bears to the culpable conduct which caused the damages, and 7 of 9 FILED: QUEENS COUNTY CLERK 05/15/2019 10:20 AM INDEX NO. 717964/2018 NYSCEF DOC. NO. 21 RECEIVEDINDEX NYSCEF: NO. 05/15/2019 717964/E018 (F I LE D : QUEb:NS COUNTY CLERK 03/20 /2019 03 : 43 PM) NYSCEF DOC. N . 14 RECEIVED NYSCEF: 03/20/2019 3. For such other, further and different relief as may seem just, equitable and proper, together with the costs and disbursements of this action. Dated: March 20, 2019 White Plains, New York Yours, etc., BROWN, GAUJEAN, KRAUS & SASTO, PLLC By: e M. Portera Attorn r Defendant DEEPAK NANDA M.D. P.C. s/h/a DEEPAK NANDA, M.D., P.C. One North - Suite 1010 Broadway White Plains, New York 10601 (914) 949-5300 oc: MUNAWAR & ANDREWS-SANTILLO, LLP Attorneys for Plaintiffs 420 Lexington Avenue, Suite 2601 New York, New York 10170 . (212) 400-4000 LAW OFFICES OF BENVENUTO & SLATTERY Attorneys for Defendants LONG ISLAND JEWISH MEDICAL CENTER and NORTHWELL HEALTH, INC. 1800 Northern Boulevard Roslyn, New York 11576 (516) 775-2236 8 of 9 FILED: QUEENS COUNTY CLERK 05/15/2019 10:20 AM INDEX NO. 717964/2018 NYSCEF F ILED DOC. NO. 21 RECEIVED INDEX NYSCEF: NO. 05/15/2019 717964/ 018 : QUÒÓNS ÒOUNTY CLERK 03 / 2 O/ 2 019 03 : 43 PMl NYSCEF DOC. N . 14 RECEIVED NYSCEF: 03/20/ 019 VERIFICATION: STATE OF NEW YORK ) )ss: COUNTY OF WESTCHESTER ) GINETTE M, PORTERA, being duly sworn, deposes and says: That I am one of the attorneys for the answering defendant, DEEPAK NANDA M.D. P.C. s/h/a DEEPAK NANDA, M.D., P,C., in the within action; that I have read the foregoing VERIFIED ANSWER to the Complaiñt dated March 20, 2019 and know the contents thereof that the same is trueto my own laicwledge, except as to the mat+æ therein stated to be alleged on information and belief, and that as to those matters I believe it to be true, The reason this verification is made by deponent and not the arswering defendant is that said defendant is not within the County in which deponent has their offices, and the facts set forth herein.are upon information and belief derived from the records and papers in deponent's offices. Dated: White Plains, New York March 20, 2019 G E TE M. PORTERA 9 of 9