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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
---.--------------,,·---------- --x
IVOIRE DANIELS,
Plaintiff(s), DEMAND FOR
AUTHORIZATIONS
-against-
Index No.: 704658/2018
SOTIRIOS KASSAPIDIS, M.D., PAUL S, LAJOS,
M.D., JAYANTILAL PATEL, M.D., GARY SCLAR
.M.D, and MOUNT SINAI HOSPITAL QUEENS,
Defendant(s).
.--.--------------------x
S I R S:
PLEASE TAKE NOTICE that, within twenty (20) days from the date hereof, yomare
required to serve the underaigned with duly executed authorizations, which include the address of
the party to whom the authorizations apply, permitting LAW OFFICES OF BBNVENUTO &
SLATTERY, or their authorizer)representatives, to obtain copies of the records Oft
1, allcollateral sources;
2. employment records;.. .
3. pharmacy records;
4, physical therapy records;
5. allprior and subsequent treating physicians and facilities;
6. Internal Revenue Service Form 4506, 1099's, W-2's for the past 5 years with two
forms of identification;
7. Medicare;
8. Medicaid;
9 Workers Compensation;
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10. allhealth care insurers;
11, Paul S. Lajos, M.D,;
12. .TayantilalPatel, M.D.;
13. Sotirios Kassapidis, M.D.;
L4. Mount Sinai Hospital Queens (records, pathology and radiology); and
155, prirnary carc physician. . .
PLEASE TAKE FURTHER NOTICE that, with respect to all authorizations for
medical/hospital/healthcare records, the authorizations must comply with Federal HIPAA
regulations.
Dated: Roslyn, New York
April 27, 2018
Yours, etc.,
LAW OFFICES OF
BENVENUTO & SLATTERY
Attorney(s) for Defendant
GARY SCLAR, M.D.
1800 Northern Boulevard
Rostyn, New York 11576
(516) 775-2236 .
TO: BURNS & HARRIS
Attorney(s) for Plaintiff
233 Broadway, Suite 900
New York, New York 10279
(212)393-1000
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------7----- ---,-------------¬x.
IVOIRE DANIELS,
Plaintiff(s), DEMAND FOR A
VERIFIED
BILL OF PARTICULARS
against-
Index No.: 704658/2018
SOTIRIOS KASSAPIDISeM,D., PAUL S. LAJOS,
M.D,, JAYANTILAL PATBL, M.D., GARY SCLAR,
M.D. and MOUNT SINAI HOSPITAL QUEENS,
Defendant(s),
í --------------------x
S I R S :
PLEASE TAKE NOTICE that, pursuant to Rule 3042(a) of the Civil Practice Law and
Rules, you are hereby required to serve upon the undersigned attorneys for the defëñdäñt(s),
GARY SCLAR, M.D., within thirty(30) days after the service of a copy of this deñ1ând, averified
bill of particulars setting forth in detail the following:
I The dates and tirnes ofthe day of the alleged negligent acts and/or omissions which
wiU be alleged against the defendant(s) herein.
2. The f ocation of the alleged negligent acts and/or omissions charged against the
defendant(s) herein,
3. A statement of each and every act of negligence, commission or omission which
you will chem as the basis of the alleged malpractice of the defendant(s) herein,
4, State.the names of each and every person who performed such acts or failed to not;
if the narnes are n6t known, describe the physical appearance with sufficient clarity for ready
identification and state the occupation of each such person.
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5. State whether or not any claim is made as to improper or defective equipment and
if so identify the equipment and statethe defective conditions.
. .
6. Give a statement of the accepted reedical practices,
m÷ma and medical standards
which itis claimed were violated/departed from by the answering defendant.
7. If the plaintiff(s) complains that the defendant(s) ignored signs, syn ptoms, made
an erroneous diagnosis, afforded improper treatment administered improper and/or
contraindicated drugs in an incorrect dosage, failed to take or administer tests or improperly took
and administered tests, state:
(a) the complaints, signs, symptoms that the defendant(s)ignored;
(b) in what respect the diagnosis was erroneous and incorrect, what the claimed
correct diagnosis is, the point in time that the plaintiff claims the
defendant(s) should have made the correct diagnosis;
(c) the improper treatment that was afforded and in what manner the said
treatment was improperly performed;
(d) the name of each and every contraindicated drug;
(e) the name of each proper drug allegedly administered incorrectly;
(f) the name ofeach and every test the defendant(s) failed to take or administer;
and,
(g) the name of each and every test the defendaM(s) improperly took or
administered and the manner in which each said test was improperly taken
or administered.
8. If plaintiff(s) claims that defendant(s) improperly performed a physical
examination or performed a contraindicated procedure and/or unnecessary procedure, state:
(a) in what maancy the physical examination was improperly performed;
(b) the name of the surgical pmcedure and the date performed; and,
(c) in what manner the surgical procedures were improperly performed.
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9. State the injuries which plaintiff(s) alleges to have sustained as a result of the
alleged negligence and/or medical malpractice of the defendant(s).
9a. State which of the injuries listed above are claimed to be permanent,
10, If itwill be claimed that the alleged h3juries required hospitellétion, statethe name
of each and every hospital with dates of confinement or outpatient treatment.
I l. If itwill be claiined that the alleged injuries required confinement to bed or home,
state the period plaintiff was confined to bed, and period plaintfff was confined to home.
. 12, State separately the total amounts claimed by the plaintiff(s) as special damages for
each of the following:
physicians'
(a) services (with the names and addresses of treating physicians);
nurses'
(b) services (including names and address of private duty nurse or
agency);
(c) medicine (with name and address of pharmacy); and,
(d) hospital expenses (with the names and addresses of allhospitals).
13. If loss of earnings will be claimed to have resulted from the alleged malpractice,
set forth:
...
(a) the amount of lost earnings claimed;
(b) the plaintiff s gross earnings for the last calendar year prior to the alleged
negligence;.
(c) the plaintiffs gross earnings for any calendar year during which itwill be
claimed plaintiff was incapacitated from work;
(d) other income the plaintiff was receiving;
(c) name and address of employer(s) at the time plaintiff was incapacitated;
(f) name of present employer and occupation, ifdifferent from 13(c)..
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14. If it will be claimed that plaintiff(s) lost profits from a business or enterprise as a
defendant(s)'
result of the negligence, state the following:
(a) name of business and address;
(b) state plaintiffs ownership capacity and interest in business;
(c) state atnount of profits and/or revenues plaintiff claims were lost as a result
of defendant's negligence; and,
(d) state amount of net profit recorded by business in the two years prior to the
alleged negligence.
15. If it is anticipated that further loss of earsiliga will be incurred in the future as a
result of the alleged malpractice, set forth:
(a) anticipated future lostearnings; and,
(b) the period of time it is anticipated that future loss of earnings will be
incurred,
. .
16. State whether or not plaintiff(s) has been reimbursed for physician and/or hospital
expenses. . .
(a) If the answer is in the affinnative, state for which such clairns plaintiffhas
been reimbursed, the amount of reimbursement received for each element
of special damages and the name of the person, 6rm or organization who
made such reimbursement.
(b) If.such reimbursement was made by an insureñee company, state the
mimber of the policy under which paid.
17. If father medical expenses are anticipated as a result of the alleged malpractice,
set forth the expenses and the anticipated period of time the expenses will be incurred for the
following:
physicians'
(a) expenses; .
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(b) hospital expenses;
(c) expenses for medicine;
(d) nursing expenses; and,
(c) other (specify). . .
18. State the date of birth and present address of the plaintiff(s).
19. Set forth the Social Security number of the plaintiff(s),
20. Set forth by chapter, article, section and paragraph each statute, ordinance, rule or
regulation, if any, which itis claimed the answering defendant(s) violated.
21. State:
(a) what procedures or treatment were provided without informed consent;
(b) what risks were disclosed relative to the procedures or treatment stated in
response to 21(a) above;
(c) what alternatives to treatment were discussed;
(d) whether a written consent was signed for the procedures, or treatment stated
in response to 21(a) above;
(e) the names of allpersons who witnessed or were present when ccñseñt(s)
was signed;
(f) wliether oral consent was given for the procedure or treatment stated in
response to 21(a) above.
Dated: Roslyn, New York
April 27, 2018
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Yours, etc.,
LAW OFFICES OF
BENVENUTO & SLA'1TERY
Attorney(s)for Defendant
GARY SCLAR, M.D.
1800 Northem Boulevard
Roslyn, New York 11576
(516) 775-2236
TO: BURNS & HARRIS
Attorney(s) for Plaintiff
233 Broadway, Suite 900
New York, New York 10279
(212) 393-1000
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SUPREME COURT OF THB STATE OF NEW YORK
COUNTY OF QUEENS
------------------------------x
IVOIRE DAN1BLS,
Plaintiff(s), COMBINED DEMANDS
-against- Index No.: 704658/2018
SOTIRIOS KASSAPIDIS, M.D., PAUL S. LAJOS,
M.D., JAYANTILAL PATEL, M.D,, GARY SCLAR,
M,D, and MOUNT SINAI HOSPITAL QUEENS,
Defendant(s),
-----.------------·---------
------------x
S I R S:
PLEASE TAKE NOTICE that, purstant to Article 31 of the Civil Practice Law and
Rtdes, the defendant, GARY SCLAR, M.D., hereby demands that you furnish the undersigned
attorney for the aforesaid defendant(s) within twenty (20) days of the service of this Notice:
i. STATEMENTS: Copies of all written or verbal statements, whether signed or
otherwise, including but not limited to audio and/or video tape recordings of the aibresaid
defêñdâñts, the agents, servants or employees of said defêñdasts; complete copies of any and all
medical records; insurance records; b.ills,statements or invoices; prescriptions or any writings
recei.ved from or through said defendant(s) or any other source; or a notice or letter stating that
you have no such statements,
2. REPORTS AND AUTHORIZATIONS: Copics of all existing and futtu'e reports
of all physicians who have treated or examined the plaintiff in connedion with the injuries for
which recovery is sought (see I-lonie v. Westphg 52 N.Y.2d 605 (1981); duly executed and
acknowledged authorizations permitting the defendant(s) to obtain.and copy all hospital records,
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physicians' physiciana'
x-ray reports, records and all other records referred to in any report, and
records of plaintiffs employment retating to wage and/or income loss,
3. y/ITNESSES:. Pursuant to Article 31 of the CPLR, the New York State Rules of
Court, and the applicable case law, we hereby demand that you furnish the undersigned attorney
for the afbresaid defendant(s) the names and addresses of each and every witness to the incident
and alleged malpractice which is the subject of the above entitled action; to any allegedly defective
nancham to notice of such condition to this to admissions these
any defendant(s); any by
defendant(s); and to any other elements reflecting on liability and dëñãgs; and, all non-expert
witnesses from whom the plaintiff intends to introduce testimony at the time of trial
4. PilgTOGRAP.HS: Pursuant to CPLR 3101, Racle v. Longjstan-djMlypad, 259
N.Ÿ.S.2d 231, gff%, 262 N.Y.S.2d 195 (2d Dep't, 1965); Murdick v. Bush, 254 N.Y S.2d 54; and
Hayward v Willard Mountain, Ince 266 N.Y.S,2d 453, we hereby demand that you thmish the
undersigned attomey for the aforesaid defendant(s) allex.isting and future photographs of the scene
of the incident, which is the subject of this litigation,photographs of the instrumentalities involved
in this litigation and photographs of the injuries and rsidues of such injuries alleged to have been
sustained.
5, Pursuant to CPLR 4545, the undersigned demands that you forward to this office
all documents or other infbrmation in your possession or in the possession of your clients
conceming the costs of medical care, custodial care, or rehabilitation services, loss of earnings or
other economic loss which was replaced or indemnified, in whole or in part, from tuny collateral
source such as insurance, Social Security (except those benefits provided under Title XVIII of the
Social Security Act)., Workers Compensation or employee beneñt programs, except such collateral
sources entitled by law to liens against recovery of the plaintiff(s).
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You are required, ifyou do not have one or more of the above, to submit a letteror affidavit
so stating within twenty (20) days of the service of this notice.
UPON YOUR FAILURE TO COMPLY, the defeñdàrñ(s) shall rely on all sanctions
provided by Jaw and/or a motion shall be made to the above Court for an Order directing
compliance plus costs of this motion,
Dated: Roslyn, New York
April 27, 2018
Yours, etc.,
LAW OFFICES OF
BENVENUTO & SLATTERY
Attorney(s) for Defendant
GARY SCLAR M D.
1800 Northern Boulevard
Roslyn, New York 11576
(516) 775-2236
TO:. . BUSNS
A & HARRIS -
Attorney(s) for PlaintiK
233 Broadway, Suite 900
New York, New York 10279
(212) 393-1000
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SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF QUEENS
-------------------- -----x
IVOTRE DANIELS,
NOTICE OF
Plaintiff(s), DISCOVERY AND
INSPECTION
-against-
Index No.: 704658/2018
SOTIRIOS KASSAPTDIS, M.D,, PAUL S. LAJOS,
M.D., JAYANTILAL PATEL, M.D., GARY SCLAR,
M.D. and MOUNT SINAI HOSPITAL QUEENS,
Defendant(s).
-..----------------------- x
S I R S:
PLEASE TAKE NOTICE that,pursuant to Article 31 of theCPLR, the attomeys for
the plaintiff(s) are required to provide the following within twenty (20) days:
1. any radiologic films, tissue samples, pathology slides in possessicñ
of plaintiff(s) or plaintiffs attorneys;
2. any journals, calendars or diaries maintained by plaintiff(s) relative
to the claims in this case;
3, . any photographs or videotapes plaintiff(s) intends to use attrial;
4, any and allpleadings and transcripts pertaining to any other legal
action which may be pending or completed which arose from the
same injuries or claims as this lawsuit;
5. copies of any bills,paid checks, statements or invoices documenting
any claimed special damages;
6. copies of any and all records and correspondence defendant GARY
SCLAR, M.D., as well as any other provider, provided and/or
forwarded to plaintiff and/or plaintiff's counsel prior to the
inception of this lawsuit and/or service of this demand;
7, duplicates of allnotices/correspondeñce/communication from any
providei'
health care claiming any right of subrogation or Ifen; and
8. defendant's records in plaintiff's pmsesyca.
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That such production and discovery will be made at the office of the undersigned, Law
Offices of BENVENUTO & SLATTERY, 1800 Northern Boulevard, Roslyn, New York 11576,
on May 28, 2018, at 10 o'clock in the forenoon of that day. This notice may otherwise be complied
with by the service of duplicates of the demanded items upon the offices of the undersigned,
Dated: Roslyn, New York
April 27, 2018
Yours, etc.,
..
LAW OFFICES OF
BENVENUTO & SLATTERY
Attorney(s) for Defendant
GARY SCLAR, M.D.
1800 Northern Boulevard
Roslyn, New York 11576
(516) 775-2236
TO: BURNS & HARRIS
Attorney(s) for Plaintiff
233 Broadway, Suite 900 .
. ..New York, New.York 10279 .
(212) 393 1000
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
..--..---,--------------------x
IVOlRE DANIELS,
Plaintiff(s), DEMAND FOR
TOTAL DAMAGES
against-
Index No.: 704658/2018
SOTIRIOS KASSAPIDIS, M.D., PAUL S. LAJOS,
M.D., JAY ANTILAL PATEL, M.D., GARY SCLAR,
M.D. and MOUNT SINAI IIOSPITAL QUEENS,
Defendant(a).
---------..--------.-..------..--..---x
S I R S:
Defendant, GARY SCLAR, M.D., requests a supplemental demand setting forth the total
damages to which the plaintiffs deem theñiselves to be entitled,
Dated: Roslyn, New York
April 27, 2018
Yours, ete,,
LAW OFFICES OF
B.ENVENUTO & SLATTERY
Attomey(s) for Defendant
GARY SCLAR, M.D.
1800 Northem Boulevard
Roslyn, New York 11576
(516) 775-2236
..
TO: BURNS & HARRIS
Attorney(s) for Plaintiff
233 Broadway, Suite 900
New York, New York 10279
(212)393-1000
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SUPREME COiJRT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
._......----..-............-----.------------x
IVOIRE DANIELS,
NOTICE TO TAKE
Plaintiff(s), DEPOSITION UPON
ORAI4 EXAMINATION
-against-
index No.: 704658/2018
SOTIRIOS KASSAPIDIS, M.D., PAUL S. LAJOS,
M.D., JAYANTILAL PATEL, M.D., OARY SCLAR,
M.D. and MOUNT SINAI HOSPITAL QUEENS,
Defendant(s).
..-._. .. ...--------------------x
S I R S:
Preview
FILED: QUEENS COUNTY CLERK 06/20/2019 10:11 AM INDEX NO. 704658/2018 NYSCEF DOC. NO. 36 RECEIVED INDEXNYSCEF: NO, 06/20/2019 704658/2018 FILED : QUEENS COUNTY CLERK 0 4/27 /2018 10 : 59 Ald NYSCEF DOC, NO. 18 RECEIVED NYSCEF: 04/27/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---.--------------,,·---------- --x IVOIRE DANIELS, Plaintiff(s), DEMAND FOR AUTHORIZATIONS -against- Index No.: 704658/2018 SOTIRIOS KASSAPIDIS, M.D., PAUL S, LAJOS, M.D., JAYANTILAL PATEL, M.D., GARY SCLAR .M.D, and MOUNT SINAI HOSPITAL QUEENS, Defendant(s). .--.--------------------x S I R S: PLEASE TAKE NOTICE that, within twenty (20) days from the date hereof, yomare required to serve the underaigned with duly executed authorizations, which include the address of the party to whom the authorizations apply, permitting LAW OFFICES OF BBNVENUTO & SLATTERY, or their authorizer)representatives, to obtain copies of the records Oft 1, allcollateral sources; 2. employment records;.. . 3. pharmacy records; 4, physical therapy records; 5. allprior and subsequent treating physicians and facilities; 6. Internal Revenue Service Form 4506, 1099's, W-2's for the past 5 years with two forms of identification; 7. Medicare; 8. Medicaid; 9 Workers Compensation; 8 of 36 FILED: QUEENS COUNTY CLERK 06/20/2019 10:11 AM INDEX NO. 704658/2018 NYSCEF DOC. NO. 36 RECEIVEDINDEX NYSCEF: NO. 06/20/2019 704658/2018 [FILED : QUEENS CÖUNTY CLERK 04/27/2018 10 : 59 AM NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 04/27/2018 10. allhealth care insurers; 11, Paul S. Lajos, M.D,; 12. .TayantilalPatel, M.D.; 13. Sotirios Kassapidis, M.D.; L4. Mount Sinai Hospital Queens (records, pathology and radiology); and 155, prirnary carc physician. . . PLEASE TAKE FURTHER NOTICE that, with respect to all authorizations for medical/hospital/healthcare records, the authorizations must comply with Federal HIPAA regulations. Dated: Roslyn, New York April 27, 2018 Yours, etc., LAW OFFICES OF BENVENUTO & SLATTERY Attorney(s) for Defendant GARY SCLAR, M.D. 1800 Northern Boulevard Rostyn, New York 11576 (516) 775-2236 . TO: BURNS & HARRIS Attorney(s) for Plaintiff 233 Broadway, Suite 900 New York, New York 10279 (212)393-1000 9 of 36 FILED: QUEENS COUNTY CLERK 06/20/2019 10:11 AM INDEX NO. 704658/2018 NYSCEF DOC.:- NO. 36 RECEIVEDINDEX NYSCEF: NO. 06/20/2019 704658/2018 FILED QUEENS COUNTY CLERK O 4 /2 772 018 10 : 59 Ab$ NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 04/27/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------7----- ---,-------------¬x. IVOIRE DANIELS, Plaintiff(s), DEMAND FOR A VERIFIED BILL OF PARTICULARS against- Index No.: 704658/2018 SOTIRIOS KASSAPIDISeM,D., PAUL S. LAJOS, M.D,, JAYANTILAL PATBL, M.D., GARY SCLAR, M.D. and MOUNT SINAI HOSPITAL QUEENS, Defendant(s), í --------------------x S I R S : PLEASE TAKE NOTICE that, pursuant to Rule 3042(a) of the Civil Practice Law and Rules, you are hereby required to serve upon the undersigned attorneys for the defëñdäñt(s), GARY SCLAR, M.D., within thirty(30) days after the service of a copy of this deñ1ând, averified bill of particulars setting forth in detail the following: I The dates and tirnes ofthe day of the alleged negligent acts and/or omissions which wiU be alleged against the defendant(s) herein. 2. The f ocation of the alleged negligent acts and/or omissions charged against the defendant(s) herein, 3. A statement of each and every act of negligence, commission or omission which you will chem as the basis of the alleged malpractice of the defendant(s) herein, 4, State.the names of each and every person who performed such acts or failed to not; if the narnes are n6t known, describe the physical appearance with sufficient clarity for ready identification and state the occupation of each such person. 10 of 36 FILED: QUEENS COUNTY CLERK 06/20/2019 10:11 AM INDEX NO. 704658/2018 NYSCEF DOC. NO. 36 RECEIVEDINDEXNYSCEF: NO. 06/20/2019 704658/2018 FILED : QUEENS COUNTY CLERK O4/27/ 2018 10 : 59 Ald NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 04/27/2018 5. State whether or not any claim is made as to improper or defective equipment and if so identify the equipment and statethe defective conditions. . . 6. Give a statement of the accepted reedical practices, m÷ma and medical standards which itis claimed were violated/departed from by the answering defendant. 7. If the plaintiff(s) complains that the defendant(s) ignored signs, syn ptoms, made an erroneous diagnosis, afforded improper treatment administered improper and/or contraindicated drugs in an incorrect dosage, failed to take or administer tests or improperly took and administered tests, state: (a) the complaints, signs, symptoms that the defendant(s)ignored; (b) in what respect the diagnosis was erroneous and incorrect, what the claimed correct diagnosis is, the point in time that the plaintiff claims the defendant(s) should have made the correct diagnosis; (c) the improper treatment that was afforded and in what manner the said treatment was improperly performed; (d) the name of each and every contraindicated drug; (e) the name of each proper drug allegedly administered incorrectly; (f) the name ofeach and every test the defendant(s) failed to take or administer; and, (g) the name of each and every test the defendaM(s) improperly took or administered and the manner in which each said test was improperly taken or administered. 8. If plaintiff(s) claims that defendant(s) improperly performed a physical examination or performed a contraindicated procedure and/or unnecessary procedure, state: (a) in what maancy the physical examination was improperly performed; (b) the name of the surgical pmcedure and the date performed; and, (c) in what manner the surgical procedures were improperly performed. 11 of 36 FILED: QUEENS COUNTY CLERK 06/20/2019 10:11 AM INDEX NO. 704658/2018 NYSCEF DOC. NO. 36 RECEIVEDINDEXNYSCEF: NO, 06/20/2019 704658/2018 FILED :__QUEENS COUNTT CLERK 0 4727/2018 10 : 59 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 04/27/2018 9. State the injuries which plaintiff(s) alleges to have sustained as a result of the alleged negligence and/or medical malpractice of the defendant(s). 9a. State which of the injuries listed above are claimed to be permanent, 10, If itwill be claimed that the alleged h3juries required hospitellétion, statethe name of each and every hospital with dates of confinement or outpatient treatment. I l. If itwill be claiined that the alleged injuries required confinement to bed or home, state the period plaintiff was confined to bed, and period plaintfff was confined to home. . 12, State separately the total amounts claimed by the plaintiff(s) as special damages for each of the following: physicians' (a) services (with the names and addresses of treating physicians); nurses' (b) services (including names and address of private duty nurse or agency); (c) medicine (with name and address of pharmacy); and, (d) hospital expenses (with the names and addresses of allhospitals). 13. If loss of earnings will be claimed to have resulted from the alleged malpractice, set forth: ... (a) the amount of lost earnings claimed; (b) the plaintiff s gross earnings for the last calendar year prior to the alleged negligence;. (c) the plaintiffs gross earnings for any calendar year during which itwill be claimed plaintiff was incapacitated from work; (d) other income the plaintiff was receiving; (c) name and address of employer(s) at the time plaintiff was incapacitated; (f) name of present employer and occupation, ifdifferent from 13(c).. 12 of 36 FILED: QUEENS COUNTY CLERK 06/20/2019 10:11 AM INDEX NO. 704658/2018 NYSCEF DOC. NO. 36 RECEIVEDINDEXNYSCEF: NO, 704 06/20/2019 658/2018 FILED : QUEENS COUNTY CLERK 04/27/2018 10 : 59 AM NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 04 /27/2018 14. If it will be claimed that plaintiff(s) lost profits from a business or enterprise as a defendant(s)' result of the negligence, state the following: (a) name of business and address; (b) state plaintiffs ownership capacity and interest in business; (c) state atnount of profits and/or revenues plaintiff claims were lost as a result of defendant's negligence; and, (d) state amount of net profit recorded by business in the two years prior to the alleged negligence. 15. If it is anticipated that further loss of earsiliga will be incurred in the future as a result of the alleged malpractice, set forth: (a) anticipated future lostearnings; and, (b) the period of time it is anticipated that future loss of earnings will be incurred, . . 16. State whether or not plaintiff(s) has been reimbursed for physician and/or hospital expenses. . . (a) If the answer is in the affinnative, state for which such clairns plaintiffhas been reimbursed, the amount of reimbursement received for each element of special damages and the name of the person, 6rm or organization who made such reimbursement. (b) If.such reimbursement was made by an insureñee company, state the mimber of the policy under which paid. 17. If father medical expenses are anticipated as a result of the alleged malpractice, set forth the expenses and the anticipated period of time the expenses will be incurred for the following: physicians' (a) expenses; . 13 of 36 FILED: QUEENS COUNTY CLERK 06/20/2019 10:11 AM INDEX NO. 704658/2018 NYSCEF DOC. NO. 36 RECEIVED INDEXNYSCEF: NO. 70406/20/2019 658/2018 ÎFILED: QUEENS COUNTY CLERK 0 4 /27/2 018 10 : 5 9 AM NYSCEF DOC, NO, 18 RECEIVED NYSCEF: 04/27/2018 (b) hospital expenses; (c) expenses for medicine; (d) nursing expenses; and, (c) other (specify). . . 18. State the date of birth and present address of the plaintiff(s). 19. Set forth the Social Security number of the plaintiff(s), 20. Set forth by chapter, article, section and paragraph each statute, ordinance, rule or regulation, if any, which itis claimed the answering defendant(s) violated. 21. State: (a) what procedures or treatment were provided without informed consent; (b) what risks were disclosed relative to the procedures or treatment stated in response to 21(a) above; (c) what alternatives to treatment were discussed; (d) whether a written consent was signed for the procedures, or treatment stated in response to 21(a) above; (e) the names of allpersons who witnessed or were present when ccñseñt(s) was signed; (f) wliether oral consent was given for the procedure or treatment stated in response to 21(a) above. Dated: Roslyn, New York April 27, 2018 14 of 36 FILED: QUEENS COUNTY CLERK 06/20/2019 10:11 AM INDEX NO. 704658/2018 NYSCEF DOC. NO. 36 RECEIVED INDEXNYSCEF: NO. 06/20/2019 704658/2018 FILED : QUEENS COUNTY CLERK 0T/2 7 /2 018 10 : 59 AM NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 04/27/2018 Yours, etc., LAW OFFICES OF BENVENUTO & SLA'1TERY Attorney(s)for Defendant GARY SCLAR, M.D. 1800 Northem Boulevard Roslyn, New York 11576 (516) 775-2236 TO: BURNS & HARRIS Attorney(s) for Plaintiff 233 Broadway, Suite 900 New York, New York 10279 (212) 393-1000 15 of 36 FILED: QUEENS COUNTY CLERK 06/20/2019 10:11 AM INDEX NO. 704658/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: NO. 06/20/2019 704658/2018 (FILED E QUEENS COUNTY CLERK 0 4 / 2 7 72 018 10 : 59 AM INDEX NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 04/27/2018 SUPREME COURT OF THB STATE OF NEW YORK COUNTY OF QUEENS ------------------------------x IVOIRE DAN1BLS, Plaintiff(s), COMBINED DEMANDS -against- Index No.: 704658/2018 SOTIRIOS KASSAPIDIS, M.D., PAUL S. LAJOS, M.D., JAYANTILAL PATEL, M.D,, GARY SCLAR, M,D, and MOUNT SINAI HOSPITAL QUEENS, Defendant(s), -----.------------·--------- ------------x S I R S: PLEASE TAKE NOTICE that, purstant to Article 31 of the Civil Practice Law and Rtdes, the defendant, GARY SCLAR, M.D., hereby demands that you furnish the undersigned attorney for the aforesaid defendant(s) within twenty (20) days of the service of this Notice: i. STATEMENTS: Copies of all written or verbal statements, whether signed or otherwise, including but not limited to audio and/or video tape recordings of the aibresaid defêñdâñts, the agents, servants or employees of said defêñdasts; complete copies of any and all medical records; insurance records; b.ills,statements or invoices; prescriptions or any writings recei.ved from or through said defendant(s) or any other source; or a notice or letter stating that you have no such statements, 2. REPORTS AND AUTHORIZATIONS: Copics of all existing and futtu'e reports of all physicians who have treated or examined the plaintiff in connedion with the injuries for which recovery is sought (see I-lonie v. Westphg 52 N.Y.2d 605 (1981); duly executed and acknowledged authorizations permitting the defendant(s) to obtain.and copy all hospital records, 16 of 36 FILED: QUEENS COUNTY CLERK 06/20/2019 10:11 AM INDEX NO. 704658/2018 NYSCEF DOC. NO. 36 RECEIVED INDEXNYSCEF: NO. 06/20/2019 704658/2018 FILED : QUEENS COUNTY CLERK O4 /27/2 018 10 : 59 Ald NY SCE F DOC. NO. 18 RECE IVE D NY SCE F: 04/27/2018 physicians' physiciana' x-ray reports, records and all other records referred to in any report, and records of plaintiffs employment retating to wage and/or income loss, 3. y/ITNESSES:. Pursuant to Article 31 of the CPLR, the New York State Rules of Court, and the applicable case law, we hereby demand that you furnish the undersigned attorney for the afbresaid defendant(s) the names and addresses of each and every witness to the incident and alleged malpractice which is the subject of the above entitled action; to any allegedly defective nancham to notice of such condition to this to admissions these any defendant(s); any by defendant(s); and to any other elements reflecting on liability and dëñãgs; and, all non-expert witnesses from whom the plaintiff intends to introduce testimony at the time of trial 4. PilgTOGRAP.HS: Pursuant to CPLR 3101, Racle v. Longjstan-djMlypad, 259 N.Ÿ.S.2d 231, gff%, 262 N.Y.S.2d 195 (2d Dep't, 1965); Murdick v. Bush, 254 N.Y S.2d 54; and Hayward v Willard Mountain, Ince 266 N.Y.S,2d 453, we hereby demand that you thmish the undersigned attomey for the aforesaid defendant(s) allex.isting and future photographs of the scene of the incident, which is the subject of this litigation,photographs of the instrumentalities involved in this litigation and photographs of the injuries and rsidues of such injuries alleged to have been sustained. 5, Pursuant to CPLR 4545, the undersigned demands that you forward to this office all documents or other infbrmation in your possession or in the possession of your clients conceming the costs of medical care, custodial care, or rehabilitation services, loss of earnings or other economic loss which was replaced or indemnified, in whole or in part, from tuny collateral source such as insurance, Social Security (except those benefits provided under Title XVIII of the Social Security Act)., Workers Compensation or employee beneñt programs, except such collateral sources entitled by law to liens against recovery of the plaintiff(s). 17 of 36 FILED: QUEENS COUNTY CLERK 06/20/2019 10:11 AM INDEX NO. 704658/2018 NYSCEF DOC. NO. 36 RECEIVED INDEXNYSCEF: 06/20/2019 MED : QUEENS COUNTY CLERK 0 4 /2 7 /2 018 10 ï 59 AM NO, 704658/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 04/27/2018 You are required, ifyou do not have one or more of the above, to submit a letteror affidavit so stating within twenty (20) days of the service of this notice. UPON YOUR FAILURE TO COMPLY, the defeñdàrñ(s) shall rely on all sanctions provided by Jaw and/or a motion shall be made to the above Court for an Order directing compliance plus costs of this motion, Dated: Roslyn, New York April 27, 2018 Yours, etc., LAW OFFICES OF BENVENUTO & SLATTERY Attorney(s) for Defendant GARY SCLAR M D. 1800 Northern Boulevard Roslyn, New York 11576 (516) 775-2236 TO:. . BUSNS A & HARRIS - Attorney(s) for PlaintiK 233 Broadway, Suite 900 New York, New York 10279 (212) 393-1000 18 of 36 FILED: QUEENS COUNTY CLERK 06/20/2019 10:11 AM INDEX NO. 704658/2018 NYSCEF DOC. NO. 36 RECEIVED INDEXNYSCEF: NO. 06/20/2019 704658/2018 FILED : QUEENS COUNTY CLERK O4 /27 /2 018 10T59 AM . NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 04/27/2018 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF QUEENS -------------------- -----x IVOTRE DANIELS, NOTICE OF Plaintiff(s), DISCOVERY AND INSPECTION -against- Index No.: 704658/2018 SOTIRIOS KASSAPTDIS, M.D,, PAUL S. LAJOS, M.D., JAYANTILAL PATEL, M.D., GARY SCLAR, M.D. and MOUNT SINAI HOSPITAL QUEENS, Defendant(s). -..----------------------- x S I R S: PLEASE TAKE NOTICE that,pursuant to Article 31 of theCPLR, the attomeys for the plaintiff(s) are required to provide the following within twenty (20) days: 1. any radiologic films, tissue samples, pathology slides in possessicñ of plaintiff(s) or plaintiffs attorneys; 2. any journals, calendars or diaries maintained by plaintiff(s) relative to the claims in this case; 3, . any photographs or videotapes plaintiff(s) intends to use attrial; 4, any and allpleadings and transcripts pertaining to any other legal action which may be pending or completed which arose from the same injuries or claims as this lawsuit; 5. copies of any bills,paid checks, statements or invoices documenting any claimed special damages; 6. copies of any and all records and correspondence defendant GARY SCLAR, M.D., as well as any other provider, provided and/or forwarded to plaintiff and/or plaintiff's counsel prior to the inception of this lawsuit and/or service of this demand; 7, duplicates of allnotices/correspondeñce/communication from any providei' health care claiming any right of subrogation or Ifen; and 8. defendant's records in plaintiff's pmsesyca. 19 of 36 FILED: QUEENS COUNTY CLERK 06/20/2019 10:11 AM INDEX NO. 704658/2018 NYSCEF DOC. NO. 36 RECEIVED INDEXNYSCEF: NO. 06/20/2019 704658/2018 FILED : QUEENS COUNTY CLERK 04/27/2018 10 : 59 AM NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 04/27/2018 That such production and discovery will be made at the office of the undersigned, Law Offices of BENVENUTO & SLATTERY, 1800 Northern Boulevard, Roslyn, New York 11576, on May 28, 2018, at 10 o'clock in the forenoon of that day. This notice may otherwise be complied with by the service of duplicates of the demanded items upon the offices of the undersigned, Dated: Roslyn, New York April 27, 2018 Yours, etc., .. LAW OFFICES OF BENVENUTO & SLATTERY Attorney(s) for Defendant GARY SCLAR, M.D. 1800 Northern Boulevard Roslyn, New York 11576 (516) 775-2236 TO: BURNS & HARRIS Attorney(s) for Plaintiff 233 Broadway, Suite 900 . . ..New York, New.York 10279 . (212) 393 1000 20 of 36 FILED: QUEENS COUNTY CLERK 06/20/2019 10:11 AM INDEX NO. 704658/2018 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 06/20/2019 ILED : QUEENS COUNTY CLERK 04 /27/2018 10 : 59 W INDEX NO, 704658/2018 04/27/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ..--..---,--------------------x IVOlRE DANIELS, Plaintiff(s), DEMAND FOR TOTAL DAMAGES against- Index No.: 704658/2018 SOTIRIOS KASSAPIDIS, M.D., PAUL S. LAJOS, M.D., JAY ANTILAL PATEL, M.D., GARY SCLAR, M.D. and MOUNT SINAI IIOSPITAL QUEENS, Defendant(a). ---------..--------.-..------..--..---x S I R S: Defendant, GARY SCLAR, M.D., requests a supplemental demand setting forth the total damages to which the plaintiffs deem theñiselves to be entitled, Dated: Roslyn, New York April 27, 2018 Yours, ete,, LAW OFFICES OF B.ENVENUTO & SLATTERY Attomey(s) for Defendant GARY SCLAR, M.D. 1800 Northem Boulevard Roslyn, New York 11576 (516) 775-2236 .. TO: BURNS & HARRIS Attorney(s) for Plaintiff 233 Broadway, Suite 900 New York, New York 10279 (212)393-1000 21 of 36 FILED: QUEENS COUNTY CLERK 06/20/2019 10:11 AM INDEX NO. 704658/2018 NYSCEF DOC. NO. 36 RECEIVEDINDEX NYSCEF: NO. 06/20/2019 704658/2018 FILED : QUEENS COUNTY CLERK 0 4 / 27 /2010 10 : 59 AM| NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 04/27/2018 SUPREME COiJRT OF THE STATE OF NEW YORK COUNTY OF QUEENS ._......----..-............-----.------------x IVOIRE DANIELS, NOTICE TO TAKE Plaintiff(s), DEPOSITION UPON ORAI4 EXAMINATION -against- index No.: 704658/2018 SOTIRIOS KASSAPIDIS, M.D., PAUL S. LAJOS, M.D., JAYANTILAL PATEL, M.D., OARY SCLAR, M.D. and MOUNT SINAI HOSPITAL QUEENS, Defendant(s). ..-._. .. ...--------------------x S I R S: