Preview
FILED: ERIE COUNTY CLERK 08/30/2021 02:33 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/30/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
DENISE CLAY, Individually and as Administratrix of the
Estate of RANDALL CLAY; THADDEUS C. TOMAKA,
Individually and as Executor of the Estate of LILLIAN
TOMAKA; ALBERT YOUNG, Individually and as
Executor of the Estate of LULA STEVENS; BRENDA
BARNES, Individually and as Administratrix De Bonis
Non of the Estate of JOHN ANTHONY DOBBINS;
VELPO JOHNSON, III,Individually and as Executor of
the Estate of WILLIE LEE STEWART; DIANE
ANTKOWIAK and DAVID JANUSZ, Individually and as
Co-Executors of the Estate of LEOCADIA FRANUSIAK;
and on behalf of all others similarly situated,
Plaintiffs
Plaintiffs'
Verified
vs. BILL OF PARTICULARS
Index #003907/2010
RIDGE VIEW MANOR, LLC,
WILLIAMSVILLE SUBURBAN, LLC
LEGACY HEALTH CARE, LLC
W. RICHARD ZACHER
JOHN DOES 1-200
Defendants
Pursuant to Rule 3041 et sequitur of the Civil Practice Law and Rules, BROWN
CHIARI one, attorneys for the Plaintiffs, above named, herein serves upon the attorneys for
Defendant, WILLIAMSVILLE SUBURBAN, LLC, submits this verified bill of particulars of the
complaint:
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1. The manner and respect in which itis claimed the said Defendant was negligent,
careless, and unskillful, including but not limited to, how said Defendant deviated from the
standard applicable to cases involving the treatment of the condition which affected the Plaintiff,
RANDALL CLAY.
"treatment"
Plaintiff objects to this demand to the extent that it references of
decedent, RANDALL CLAY, to the extent that it implies that decedent sought medical
treatment from Defendsst. Decedent did not seek medical treatment from the Defendant.
Rather, deecdent was admitted to Defêñdsst's facility for nursing home/rehabilitative
services. As such, the instant litigation has been brought for personal injuries arising as a
result of nursing home negligence, pursuant to comme= law and the provisions afforded to
the Plaintiff in conjunction with Public Health Law §2801-d.
Subject to, and without waiving Plaintiff's objection, based upon information
presently available, Plaintiff will claim that Defendant was negligent, careless and reckless
in that they, by and/or through itsowners, masagemcat, administration, agents, servants,
and emplsyces, by virtue of their failure to comply with New York State Public Health Law
§2801-d, failure to employ an adequate number of qualified personnel to carry out all the
necessary functions of their facility in violation of New York State Public Health Law
§2801-d, and related statutes, codes, rules and regulations, allowance of a pattern of
deficiency for quality of care issues, failure to advance and support environments that
promoted resident dignity and quality of care, and failure to provide appropriate and
adequate resources for facility staff, facility maintenance, facility supplies and staff
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training: failed to provide proper services to decedcat; failed to properly staff subject
facility; failed to provide adequate staffing; willfully, wantonly a=d/or recklessly
disregarded the safety and wcil-being of decedent by deliberately understeMng the facility;
failed to meet basic human needs by deliberately understaffing the facility; failed to
provide sufficient care and staffing to provide necessary services; failed to enact proper
and adequate staffing precedures that included an adequate number of qualified
personnel; failed to provide adequate services to maintain decedent's physical, mental, and
psycho-social well-being in violation of New York State Public Health Law §2801; failed to
comply with state and federal statutes and regulations; accepted and retained admission
for nursing home residents, including Plaintiff's decedcat, for whom Defendant knew it
could not provide adequatc care based upon inadequate staffing; failed to identify and
evaluate the resident's need and the capability of the facility to meet those needs with
adeqüste staffing; as a result of insufficient staffimg, failed to prevent the derclop=êñt of
pressure sore(s) and failed to prevent the worsening of a sacral pressure sore(s); failed to
enact appropriate policies to prevent the development of pressure sore(s); failed to
properly identify the lack of care that dêcedent was receiving with regard to his skin
candition; failed to provide appropriate pressure relieving and positioning devices and
assistance; failed to provide adequate interventions to prevent improper pressure and body
alignment; failed to prevent infection; failed to maintain an adeqaste infection control
program; failed to enact proper pelicies and/or precedures to prevent the development of
infection; failed to enact and follow an appropriate care plan for the Decedent; failed to
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chañge and/or adjust the decedent's care plan to meet the decedent's needs, most
significantly, to address the prevention of the development and worsening of sacral
pressure sore(s); allowing the decedent to suffer with a painfü! and extreme pressure sore;
failed to provide adequate pain ,---agement; failed to properly train and/or instruct its
agents, employees and/or servants with regard to proper skin care protocol for residents at
risk for skin breakdown, as well as to properly and/or adequately supervise said employees
to ensure that proper skin care preccdures were being followed; failed to maintain an
adequate infection control program; failed to enact proper policies and precedures to
prevent developmcñt of infection; failed to provide appropriate services in order to
increase and maintain decedent's protein levels to effectuate adeqüà ‡e healing of pressure
ulcer(s); failed to maintain and provide a safe environ,-ont to prevent falls; failed to
provide adequate safety measures to prevent falls; failed to properly dGcament and
investigate accideñts; failed to provide adequate and appropriate supervision, r:±ering
and assistance to decedent; failed to follow proper procedures to avoid and prevent
decedent from falling; failed to take precautians in order to prevent falls; failed to provide
adeqüâte safety measures to prevent falls; and failed to provide adequate supervision and
assistive devices to prevent accidents and falls.
Plaintiff contends that Defeñdañt, WILLIAMSVILLE SUBURBAN, LLC, failed to
adequately and properly manage, control and/or supervise the daily operations of, and/or
services provided by agents, servants and/or employees of its nursing home facility, and
engaged in financial decisions that adversely affected resident care. Plaintiff contends that
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said Defendant failed to ensure that subject nursing home was properly and sufficiently
staffed, and further failed to ensure that adequate and proper policies and prscedures were
established, pre=ulgated, effectuated and/or followed at subject facility for the prevention
of a pressure sore, to ensure that accurate and consistent clinical records were kept with
regard to residents, as well as to ensure that proper "working relationships"/cers:: -atión
were established among nursing staff and other departments/services and/or disciplines, so
that resident care needs could be met.
To particularize further would require evidentiary information añd/ar would
require Plaintiff to render a legal and/or medical epinion, which is improper for this
pleading, as it goes bcyañd the scope of that which is required pursuant to CPLR §3043.
Plaintiff ñGñcthêless reserves the right to supplement and/or amend this response upon
completion of discovery and, further, will rely on any and all facts clicited at depositions,
during other discovery preceedings, and at the trial of this action to establish a claim in this
regard.
2. State the condition which itis claimed the said Defendant failed to take proper
and due cognizance of, and the true condition from which the Plaintiff was suffering, which itis
claimed that said Defendant allegedly failed to guard and treat against.
Plaintiff objects to this demand to the extent that it infers that Plaintiff's deccdent,
RANDALL CLAY, sought medical treatment from Defendant. Plaintiff's deccdcnt did not
seek medical treatment from Defendant. Rather, Plaintiff's decedent, RANDALL CLAY,
was admitted to Defêñdant's facility for nursing home care and rehabilitative services. As
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such, subject litigation has been braught for personal injuries arising as a result of nursing
home and corporate negligeñcc, and pursuant to the provisions afforded to the Plaintiff
cañc=itant with Public Health Law §2801-d. Subject to, and without waiving this
objection, Plaintiff's decêdent, RANDALL CLAY, sustained a left femoral neck fracture;
Stage IV sacral decabitus ulcer; gangrenous necrosis of right foot, resulting in amputatiõn;
deprivation of dignity; deprivation of rights; Ioss of enjoyment of life; fear of impending
death; and ultimately, death.
To particularize further goes beyond the scope of CPLR §3043, requests evidentiary
(expert) information, and is virtually identical to others struck down in the Fourth
Department (See Stidham v. Clerk, 57 A.D.2d 1369 (4th Dept. 2008)).
3. The date or dates of the alleged negligence.
Based upon information presently available, the Plaintiff will claim that Plaintiff's
decêdent, RANDALL CLAY, received nursing home care and services at
WILLIAMSVILLE SUBURBAN NURSING HOME, from on or about June 20, 2008
through and including November 27, 2013. Due to the nature of the allegatiõns herein, the
Plaintiff will state that Defendant was negligent throughast this time period and to the
situated,"
extent this demand refers to "all others similarly the class periods are outlined in
Plaintiffs'
Amended Complaint.
Further information responsive to this demand is presently unknown or üñâveileble
to the Plaintiff. However, the Plaintiff reserves the right to amend this response upon
completion of discavery and, further, will rely on any and all facts elicited at depositions,
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during other discovery preceediags, and at the trial of this action to establish a claim in this
regard.
4. The dates of firstand last services rendered by said Defendant.
Defendant is referred to paragraph number 3, supra.
5. The place or places where the services were rendered by said Defendant.
Subject nursing home care and services were rendered at Williamsville Suburban
Nursing Home, located at 193 South Union Road, Williamsville, New York 14221.
6. The nature, location, extent and duration of each injury which itwill be claimed
was caused by the negligence of said Defendant. If any injuries are claimed to be permanent, so
state.
Based upon information presently available, the Plaintiff will claim that as a result
of the acgligc=ee of Defendant, and/or its agents, servants, employees and/or other
personnel, Plaintiff's decêdent, RANDALL CLAY, sustained serious and permanent
injuries, including but not limited to: left femoral neck fracture; Stage IV sacral dccabitus
ulcer; gangrêñõüs necrosis of right foot, resulting in amputation; deprivation of dignity;
deprivation of rights; loss of enjoyment of life;fear of impending death; and ultimately,
death.
Further information responsive to this demand is presently unknown or unavailable
to the Plaintiff. However, the Plaintiff reserves the right to amend this response upon
completion of discovery and, further, will rely on any and all facts elicited at depositions,
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during other discovery preecediags, and at the trial of this action to establish a claim in this
regard.
7. A particular statement setting forth the name and address of each and every
physician who rendered treatment to the Plaintiff as a result of the injuries alleged in the
Complaint, providing the dates of all such treatment.
Upon information and belief, the names and address of each and every physician
who rendered treatment to Plaintiff's decedent, RANDALL CLAY, are certained in the
clinical chart/records of Williamsville Suburban Nursing Home, 193 South Union Road,
Williamsville, New York 14221; Buffalo General Medical Center, 100 High Street, Buffalo,
New York 14203; Erie County Medical Center, 462 Grider Street, Buffalo, New York
14215; and Comprehensive Dialysis Center, Inc., 6010 Main Street, Williamsville, New
York 14221. Plaintiff will rely upon the medical records for exact dates and types of
treatment.
Further information responsive to this demand is presently unknown or unavailabic
to the Plaintiff. However, the Plaintiff reserves the right to amcad this response upon
completion of discovery and, further, will rely on any and all facts elicited at depositions,
during other discovery proceedings, and at the trial of this action to establish a claim in this
regard.
8. Ifitwill be claimed that the aforesaid injuries necessitated any hospitalization, set
forth the name of each hospital, with the dates of confinement or out-patient treatment.
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Upon information and belief, Plaintiff's decedent, RANDALL CLAY, was admitted
to Buffalo General Medical Center, located at 100 High Street, Buffalo, New York 14203;
and Erie County Medical Center, located at 462 Grider Street, Buffalo, New York 14215.
Plaintiff relies upon the medical records for any and all medical providers and dates of
treatment.
Further information responsive to this demand is presently unknown or unavailable
to the Plaintiff. However, the Plaintiff reserves the right to amend this response upon
completion of discovery and, further, will rely on any and allfacts elicited at depositions,
during other discovery preceedings, and at the trial of this action to establish a claim in this
regard.
9. If itwill be claimed that the aforesaid injuries necessitated treatment by any other
institutions, set forth the name of each institution with dates of confinement or out-patient
treatment.
Objection is made to this demand, upon the grounds of ambiguity. To the extent the
"institutions"
term is understood, Plaintiff's decedent, RANDALL CLAY, did not receive
"institutions."
treatment by any other
10. Ifitwill be claimed that the aforesaid injuries necessitated confinenient to bed or
home, set forth the following:
a. The date or dates of confinement to home;
b. The date or dates of confinement to bed.
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(a-b) Based upon information presently avsilshls, the Plaintiff alleges that as a
result of the ñêgligence of the Defendant, Plaintiff's deccdêñt, RANDALL CLAY, was
generally confined to bed as a result of the events in the underlying matter, through the
time of his death on November 27, 2013.
11. If loss of earnings is claimed as a result of the alleged negligence, set forth the
following:
a. The name and address of the employer of Plaintiff, RANDALL CLAY, at
the time of the alleged negligence;
b. The capacity in which Plaintiff was employed;
c. The earnings of Plaintiff, RANDALL CLAY, for the last full year prior to
the alleged negligence;
d. The last date Plaintiff, RANDALL CLAY, worked prior to the alleged
negligence;
e. The name and address of the employer of Plaintiff, RANDALL CLAY;
f. The loss of earnings claimed.
(a-f) Not applicabic. Plaintiff's decedent, RANDALL CLAY, is not making a
claim for loss of earnings.
12. Ifany special damages are claimed as a result of the alleged negligence, set forth,
including, but not limited to, the following:
a. The charges for the above-named hospitals, separately listing each hospital
bill;
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b. Physician's charges;
c. Charges for medicines, itemizing the medicines charged for;
d. Nursing;
e. Other.
(a-e) Plaintiff presently has no record or information regarding the total ==::nts
paid for medical care and treatment rendered to Plaintiff's decedent, RANDALL CLAY,
as a result of the events in the underlying matter. Upon information and belief, the
relevant medical expenses of Plaintiff's decedent, RANDALL CLAY, were paid by
Mediesid (Medicaid No.: AT16708K) and Medicare (Medicare No.: *****8901A).
13. If the party who incurred the above-named expenses reasonably expects to expend
additional sums as a result of the alleged negligence, set forth the following:
physicians'
a. Anticipated charges;
b. Anticipated hospital charges;
c. Anticipated charges for medicines;
d. Anticipated nursing charges;
e. Anticipated other charges.
(a-e) Not applicable.
14. A particular statement as to each of the aforesaid amounts of money, setting forth:
which, if any, were covered by insurance; the name of the insurance company involved in each
case; and the amount paid in each case by said insurance company.
Defendant is referred to paragraph number 12, s_gga.
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15. Ifany of the said amounts were reimbursed to Plaintiff, RANDALL CLAY, or
paid directly by a source other than insurance, a particular statement as to each setting forth the
source involved and the amount paid.
Unknown at present. Plaintiff is not presently aware of any other insurance pelicies
other than those disclosed in paragraph number 12, su pra. Plaintiff reserves the right to
----- and/or supplement this respense at the conclusion of discovery in the herein matter.
16. State with the same particularity each other act or omission not included above
which Plaintiff will claim constituted negligence on the part of said Defendant.
Information responsive to this demand is presently unknown or üñavailabic to the
Plaintiff. However, Plaintiff reserves the right to amend and/or supplemêñ‡ this response
upon cGmpletion of discovery and, further, will rely on any and all facts elicited at
depositions, duriñg other discovery pr0ccedi=gs, and at the trial of this action to establish a
claim in this regard.
17. State whether Plaintiff, RANDALL CLAY, has made a claim or claims against
any other party, individual, or entity arising out of the facts and circumstances giving rise to this
suit, specifying the following:
(a) the name or names of such parties against whom additional claims are
being made;
(b) whether or not those claims have been placed into suit, and if so, state the
title of the action and venue of the action, together with the index number
of the action, if any;
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(c) attach copies of any pleadings or claims served in said action or actions;
(d) state whether or not such claim or action has been settled or otherwise
resolved, and if so state the amount of such settlement and the parties with
whom such settlement was entered into; if otherwise resolved, and attach
copies of general releases or stipulations of discontinuance evidencing
such settlement, resolution or discontinuance.
(a-d) Plaintiff has not made a claim against any other party, individual, or entity,
other than the mamed Defendants herein, arising out of the facts and circumstances
underlying in this action.
DATED: Buffalo, New York
August Q, 2021 __
Jesse A. Dru q. f2r
BROWN C RI LLP
Attorneys f Plaintiffs
2470 Walden Avenue
Buffalo, New York 14225
(716) 681-7190
TO: Patrick B. Curran, Esq.
HURWITZ & FINE, P.C.
Attorneys for Defendants
RIDGE VIEW MANOR, LLC
WILLIAMSVILLE SUBURBAN, LLC
JOHN DOES 1-200
1300 Liberty Building
Buffalo, NY 14202
(716) 849 8900
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CC: Norman B. Viti, Jr., Esq.
GIBSON, McASKILL & CROSBY, LLP
Attaracys for Defendants
LEGACY HEALTH CARE, LLC
W. RICHARD ZACHER
JOHN DOES 1-200
69 Delaware Avenue, Suite 900
Buffalo, NY 14202
(716) 856-4200
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Preview
FILED: ERIE COUNTY CLERK 08/30/2021 02:33 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/30/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE DENISE CLAY, Individually and as Administratrix of the Estate of RANDALL CLAY; THADDEUS C. TOMAKA, Individually and as Executor of the Estate of LILLIAN TOMAKA; ALBERT YOUNG, Individually and as Executor of the Estate of LULA STEVENS; BRENDA BARNES, Individually and as Administratrix De Bonis Non of the Estate of JOHN ANTHONY DOBBINS; VELPO JOHNSON, III,Individually and as Executor of the Estate of WILLIE LEE STEWART; DIANE ANTKOWIAK and DAVID JANUSZ, Individually and as Co-Executors of the Estate of LEOCADIA FRANUSIAK; and on behalf of all others similarly situated, Plaintiffs Plaintiffs' Verified vs. BILL OF PARTICULARS Index #003907/2010 RIDGE VIEW MANOR, LLC, WILLIAMSVILLE SUBURBAN, LLC LEGACY HEALTH CARE, LLC W. RICHARD ZACHER JOHN DOES 1-200 Defendants Pursuant to Rule 3041 et sequitur of the Civil Practice Law and Rules, BROWN CHIARI one, attorneys for the Plaintiffs, above named, herein serves upon the attorneys for Defendant, WILLIAMSVILLE SUBURBAN, LLC, submits this verified bill of particulars of the complaint: -BROWN CHIARI LLP - 1 of 14 FILED: ERIE COUNTY CLERK 08/30/2021 02:33 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 42 - - RECEIVED NYSCEF: 08/30/2021 Page 2 1. The manner and respect in which itis claimed the said Defendant was negligent, careless, and unskillful, including but not limited to, how said Defendant deviated from the standard applicable to cases involving the treatment of the condition which affected the Plaintiff, RANDALL CLAY. "treatment" Plaintiff objects to this demand to the extent that it references of decedent, RANDALL CLAY, to the extent that it implies that decedent sought medical treatment from Defendsst. Decedent did not seek medical treatment from the Defendant. Rather, deecdent was admitted to Defêñdsst's facility for nursing home/rehabilitative services. As such, the instant litigation has been brought for personal injuries arising as a result of nursing home negligence, pursuant to comme= law and the provisions afforded to the Plaintiff in conjunction with Public Health Law §2801-d. Subject to, and without waiving Plaintiff's objection, based upon information presently available, Plaintiff will claim that Defendant was negligent, careless and reckless in that they, by and/or through itsowners, masagemcat, administration, agents, servants, and emplsyces, by virtue of their failure to comply with New York State Public Health Law §2801-d, failure to employ an adequate number of qualified personnel to carry out all the necessary functions of their facility in violation of New York State Public Health Law §2801-d, and related statutes, codes, rules and regulations, allowance of a pattern of deficiency for quality of care issues, failure to advance and support environments that promoted resident dignity and quality of care, and failure to provide appropriate and adequate resources for facility staff, facility maintenance, facility supplies and staff -BROWN CHIARI LLP - 2 of 14 FILED: ERIE COUNTY CLERK 08/30/2021 02:33 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 42 - RECEIVED NYSCEF: 08/30/2021 Page 3 - training: failed to provide proper services to decedcat; failed to properly staff subject facility; failed to provide adequate staffing; willfully, wantonly a=d/or recklessly disregarded the safety and wcil-being of decedent by deliberately understeMng the facility; failed to meet basic human needs by deliberately understaffing the facility; failed to provide sufficient care and staffing to provide necessary services; failed to enact proper and adequate staffing precedures that included an adequate number of qualified personnel; failed to provide adequate services to maintain decedent's physical, mental, and psycho-social well-being in violation of New York State Public Health Law §2801; failed to comply with state and federal statutes and regulations; accepted and retained admission for nursing home residents, including Plaintiff's decedcat, for whom Defendant knew it could not provide adequatc care based upon inadequate staffing; failed to identify and evaluate the resident's need and the capability of the facility to meet those needs with adeqüste staffing; as a result of insufficient staffimg, failed to prevent the derclop=êñt of pressure sore(s) and failed to prevent the worsening of a sacral pressure sore(s); failed to enact appropriate policies to prevent the development of pressure sore(s); failed to properly identify the lack of care that dêcedent was receiving with regard to his skin candition; failed to provide appropriate pressure relieving and positioning devices and assistance; failed to provide adequate interventions to prevent improper pressure and body alignment; failed to prevent infection; failed to maintain an adeqaste infection control program; failed to enact proper pelicies and/or precedures to prevent the development of infection; failed to enact and follow an appropriate care plan for the Decedent; failed to -BROWN CHIARI LLP - 3 of 14 FILED: ERIE COUNTY CLERK 08/30/2021 02:33 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 42 - - RECEIVED NYSCEF: 08/30/2021 Page 4 chañge and/or adjust the decedent's care plan to meet the decedent's needs, most significantly, to address the prevention of the development and worsening of sacral pressure sore(s); allowing the decedent to suffer with a painfü! and extreme pressure sore; failed to provide adequate pain ,---agement; failed to properly train and/or instruct its agents, employees and/or servants with regard to proper skin care protocol for residents at risk for skin breakdown, as well as to properly and/or adequately supervise said employees to ensure that proper skin care preccdures were being followed; failed to maintain an adequate infection control program; failed to enact proper policies and precedures to prevent developmcñt of infection; failed to provide appropriate services in order to increase and maintain decedent's protein levels to effectuate adeqüà ‡e healing of pressure ulcer(s); failed to maintain and provide a safe environ,-ont to prevent falls; failed to provide adequate safety measures to prevent falls; failed to properly dGcament and investigate accideñts; failed to provide adequate and appropriate supervision, r:±ering and assistance to decedent; failed to follow proper procedures to avoid and prevent decedent from falling; failed to take precautians in order to prevent falls; failed to provide adeqüâte safety measures to prevent falls; and failed to provide adequate supervision and assistive devices to prevent accidents and falls. Plaintiff contends that Defeñdañt, WILLIAMSVILLE SUBURBAN, LLC, failed to adequately and properly manage, control and/or supervise the daily operations of, and/or services provided by agents, servants and/or employees of its nursing home facility, and engaged in financial decisions that adversely affected resident care. Plaintiff contends that -BROWN CHIARI LLP - 4 of 14 FILED: ERIE COUNTY CLERK 08/30/2021 02:33 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 42 - - RECEIVED NYSCEF: 08/30/2021 Page 5 said Defendant failed to ensure that subject nursing home was properly and sufficiently staffed, and further failed to ensure that adequate and proper policies and prscedures were established, pre=ulgated, effectuated and/or followed at subject facility for the prevention of a pressure sore, to ensure that accurate and consistent clinical records were kept with regard to residents, as well as to ensure that proper "working relationships"/cers:: -atión were established among nursing staff and other departments/services and/or disciplines, so that resident care needs could be met. To particularize further would require evidentiary information añd/ar would require Plaintiff to render a legal and/or medical epinion, which is improper for this pleading, as it goes bcyañd the scope of that which is required pursuant to CPLR §3043. Plaintiff ñGñcthêless reserves the right to supplement and/or amend this response upon completion of discovery and, further, will rely on any and all facts clicited at depositions, during other discovery preceedings, and at the trial of this action to establish a claim in this regard. 2. State the condition which itis claimed the said Defendant failed to take proper and due cognizance of, and the true condition from which the Plaintiff was suffering, which itis claimed that said Defendant allegedly failed to guard and treat against. Plaintiff objects to this demand to the extent that it infers that Plaintiff's deccdent, RANDALL CLAY, sought medical treatment from Defendant. Plaintiff's deccdcnt did not seek medical treatment from Defendant. Rather, Plaintiff's decedent, RANDALL CLAY, was admitted to Defêñdant's facility for nursing home care and rehabilitative services. As -BROWN CHIARI LLP - 5 of 14 FILED: ERIE COUNTY CLERK 08/30/2021 02:33 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 42 - - RECEIVED NYSCEF: 08/30/2021 Page 6 such, subject litigation has been braught for personal injuries arising as a result of nursing home and corporate negligeñcc, and pursuant to the provisions afforded to the Plaintiff cañc=itant with Public Health Law §2801-d. Subject to, and without waiving this objection, Plaintiff's decêdent, RANDALL CLAY, sustained a left femoral neck fracture; Stage IV sacral decabitus ulcer; gangrenous necrosis of right foot, resulting in amputatiõn; deprivation of dignity; deprivation of rights; Ioss of enjoyment of life; fear of impending death; and ultimately, death. To particularize further goes beyond the scope of CPLR §3043, requests evidentiary (expert) information, and is virtually identical to others struck down in the Fourth Department (See Stidham v. Clerk, 57 A.D.2d 1369 (4th Dept. 2008)). 3. The date or dates of the alleged negligence. Based upon information presently available, the Plaintiff will claim that Plaintiff's decêdent, RANDALL CLAY, received nursing home care and services at WILLIAMSVILLE SUBURBAN NURSING HOME, from on or about June 20, 2008 through and including November 27, 2013. Due to the nature of the allegatiõns herein, the Plaintiff will state that Defendant was negligent throughast this time period and to the situated," extent this demand refers to "all others similarly the class periods are outlined in Plaintiffs' Amended Complaint. Further information responsive to this demand is presently unknown or üñâveileble to the Plaintiff. However, the Plaintiff reserves the right to amend this response upon completion of discavery and, further, will rely on any and all facts elicited at depositions, -BROWN CHIARI LLP - 6 of 14 FILED: ERIE COUNTY CLERK 08/30/2021 02:33 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/30/2021 - Page 7 - during other discovery preceediags, and at the trial of this action to establish a claim in this regard. 4. The dates of firstand last services rendered by said Defendant. Defendant is referred to paragraph number 3, supra. 5. The place or places where the services were rendered by said Defendant. Subject nursing home care and services were rendered at Williamsville Suburban Nursing Home, located at 193 South Union Road, Williamsville, New York 14221. 6. The nature, location, extent and duration of each injury which itwill be claimed was caused by the negligence of said Defendant. If any injuries are claimed to be permanent, so state. Based upon information presently available, the Plaintiff will claim that as a result of the acgligc=ee of Defendant, and/or its agents, servants, employees and/or other personnel, Plaintiff's decêdent, RANDALL CLAY, sustained serious and permanent injuries, including but not limited to: left femoral neck fracture; Stage IV sacral dccabitus ulcer; gangrêñõüs necrosis of right foot, resulting in amputation; deprivation of dignity; deprivation of rights; loss of enjoyment of life;fear of impending death; and ultimately, death. Further information responsive to this demand is presently unknown or unavailable to the Plaintiff. However, the Plaintiff reserves the right to amend this response upon completion of discovery and, further, will rely on any and all facts elicited at depositions, -BROWN CHIARI LLP - 7 of 14 FILED: ERIE COUNTY CLERK 08/30/2021 02:33 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 42 - - RECEIVED NYSCEF: 08/30/2021 Page 8 during other discovery preecediags, and at the trial of this action to establish a claim in this regard. 7. A particular statement setting forth the name and address of each and every physician who rendered treatment to the Plaintiff as a result of the injuries alleged in the Complaint, providing the dates of all such treatment. Upon information and belief, the names and address of each and every physician who rendered treatment to Plaintiff's decedent, RANDALL CLAY, are certained in the clinical chart/records of Williamsville Suburban Nursing Home, 193 South Union Road, Williamsville, New York 14221; Buffalo General Medical Center, 100 High Street, Buffalo, New York 14203; Erie County Medical Center, 462 Grider Street, Buffalo, New York 14215; and Comprehensive Dialysis Center, Inc., 6010 Main Street, Williamsville, New York 14221. Plaintiff will rely upon the medical records for exact dates and types of treatment. Further information responsive to this demand is presently unknown or unavailabic to the Plaintiff. However, the Plaintiff reserves the right to amcad this response upon completion of discovery and, further, will rely on any and all facts elicited at depositions, during other discovery proceedings, and at the trial of this action to establish a claim in this regard. 8. Ifitwill be claimed that the aforesaid injuries necessitated any hospitalization, set forth the name of each hospital, with the dates of confinement or out-patient treatment. - BROWN CHIARI LLP - 8 of 14 FILED: ERIE COUNTY CLERK 08/30/2021 02:33 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 42 - - RECEIVED NYSCEF: 08/30/2021 Page 9 Upon information and belief, Plaintiff's decedent, RANDALL CLAY, was admitted to Buffalo General Medical Center, located at 100 High Street, Buffalo, New York 14203; and Erie County Medical Center, located at 462 Grider Street, Buffalo, New York 14215. Plaintiff relies upon the medical records for any and all medical providers and dates of treatment. Further information responsive to this demand is presently unknown or unavailable to the Plaintiff. However, the Plaintiff reserves the right to amend this response upon completion of discovery and, further, will rely on any and allfacts elicited at depositions, during other discovery preceedings, and at the trial of this action to establish a claim in this regard. 9. If itwill be claimed that the aforesaid injuries necessitated treatment by any other institutions, set forth the name of each institution with dates of confinement or out-patient treatment. Objection is made to this demand, upon the grounds of ambiguity. To the extent the "institutions" term is understood, Plaintiff's decedent, RANDALL CLAY, did not receive "institutions." treatment by any other 10. Ifitwill be claimed that the aforesaid injuries necessitated confinenient to bed or home, set forth the following: a. The date or dates of confinement to home; b. The date or dates of confinement to bed. -BROWN CHIARI LLP - 9 of 14 FILED: ERIE COUNTY CLERK 08/30/2021 02:33 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 42 - - RECEIVED NYSCEF: 08/30/2021 Page 10 (a-b) Based upon information presently avsilshls, the Plaintiff alleges that as a result of the ñêgligence of the Defendant, Plaintiff's deccdêñt, RANDALL CLAY, was generally confined to bed as a result of the events in the underlying matter, through the time of his death on November 27, 2013. 11. If loss of earnings is claimed as a result of the alleged negligence, set forth the following: a. The name and address of the employer of Plaintiff, RANDALL CLAY, at the time of the alleged negligence; b. The capacity in which Plaintiff was employed; c. The earnings of Plaintiff, RANDALL CLAY, for the last full year prior to the alleged negligence; d. The last date Plaintiff, RANDALL CLAY, worked prior to the alleged negligence; e. The name and address of the employer of Plaintiff, RANDALL CLAY; f. The loss of earnings claimed. (a-f) Not applicabic. Plaintiff's decedent, RANDALL CLAY, is not making a claim for loss of earnings. 12. Ifany special damages are claimed as a result of the alleged negligence, set forth, including, but not limited to, the following: a. The charges for the above-named hospitals, separately listing each hospital bill; -BROWN CHIARI LLP - 10 of 14 FILED: ERIE COUNTY CLERK 08/30/2021 02:33 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 42 - - RECEIVED NYSCEF: 08/30/2021 Page 11 b. Physician's charges; c. Charges for medicines, itemizing the medicines charged for; d. Nursing; e. Other. (a-e) Plaintiff presently has no record or information regarding the total ==::nts paid for medical care and treatment rendered to Plaintiff's decedent, RANDALL CLAY, as a result of the events in the underlying matter. Upon information and belief, the relevant medical expenses of Plaintiff's decedent, RANDALL CLAY, were paid by Mediesid (Medicaid No.: AT16708K) and Medicare (Medicare No.: *****8901A). 13. If the party who incurred the above-named expenses reasonably expects to expend additional sums as a result of the alleged negligence, set forth the following: physicians' a. Anticipated charges; b. Anticipated hospital charges; c. Anticipated charges for medicines; d. Anticipated nursing charges; e. Anticipated other charges. (a-e) Not applicable. 14. A particular statement as to each of the aforesaid amounts of money, setting forth: which, if any, were covered by insurance; the name of the insurance company involved in each case; and the amount paid in each case by said insurance company. Defendant is referred to paragraph number 12, s_gga. -BROWN CHIARI LLP - 11 of 14 FILED: ERIE COUNTY CLERK 08/30/2021 02:33 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 42 - Page 12 - RECEIVED NYSCEF: 08/30/2021 15. Ifany of the said amounts were reimbursed to Plaintiff, RANDALL CLAY, or paid directly by a source other than insurance, a particular statement as to each setting forth the source involved and the amount paid. Unknown at present. Plaintiff is not presently aware of any other insurance pelicies other than those disclosed in paragraph number 12, su pra. Plaintiff reserves the right to ----- and/or supplement this respense at the conclusion of discovery in the herein matter. 16. State with the same particularity each other act or omission not included above which Plaintiff will claim constituted negligence on the part of said Defendant. Information responsive to this demand is presently unknown or üñavailabic to the Plaintiff. However, Plaintiff reserves the right to amend and/or supplemêñ‡ this response upon cGmpletion of discovery and, further, will rely on any and all facts elicited at depositions, duriñg other discovery pr0ccedi=gs, and at the trial of this action to establish a claim in this regard. 17. State whether Plaintiff, RANDALL CLAY, has made a claim or claims against any other party, individual, or entity arising out of the facts and circumstances giving rise to this suit, specifying the following: (a) the name or names of such parties against whom additional claims are being made; (b) whether or not those claims have been placed into suit, and if so, state the title of the action and venue of the action, together with the index number of the action, if any; -BROWN CHIARI LLP - 12 of 14 FILED: ERIE COUNTY CLERK 08/30/2021 02:33 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/30/2021 - Page 13 - (c) attach copies of any pleadings or claims served in said action or actions; (d) state whether or not such claim or action has been settled or otherwise resolved, and if so state the amount of such settlement and the parties with whom such settlement was entered into; if otherwise resolved, and attach copies of general releases or stipulations of discontinuance evidencing such settlement, resolution or discontinuance. (a-d) Plaintiff has not made a claim against any other party, individual, or entity, other than the mamed Defendants herein, arising out of the facts and circumstances underlying in this action. DATED: Buffalo, New York August Q, 2021 __ Jesse A. Dru q. f2r BROWN C RI LLP Attorneys f Plaintiffs 2470 Walden Avenue Buffalo, New York 14225 (716) 681-7190 TO: Patrick B. Curran, Esq. HURWITZ & FINE, P.C. Attorneys for Defendants RIDGE VIEW MANOR, LLC WILLIAMSVILLE SUBURBAN, LLC JOHN DOES 1-200 1300 Liberty Building Buffalo, NY 14202 (716) 849 8900 -BROWN CHIARI LLP - 13 of 14 FILED: ERIE COUNTY CLERK 08/30/2021 02:33 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 08/30/2021 - Page 14 - CC: Norman B. Viti, Jr., Esq. GIBSON, McASKILL & CROSBY, LLP Attaracys for Defendants LEGACY HEALTH CARE, LLC W. RICHARD ZACHER JOHN DOES 1-200 69 Delaware Avenue, Suite 900 Buffalo, NY 14202 (716) 856-4200 - BROWN CHIARILLP- 14 of 14