Preview
FILED: QUEENS COUNTY CLERK 04/26/2018
06/23/2022 04:29
02:28 PM INDEX NO. 704658/2018
NYSCEF DOC. NO. 17
156 RECEIVED NYSCEF: 04/26/2018
06/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
---------------------------------------------------------x
IV OIRE DANIELS,
Plaintiff(s),
VERIFIED ANSWER
-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
The defendant, SOTIRIOS KASSAPIDIS, M.D., by his attorneys, LAW OFFICES OF
BENVENUTO & SLATTERY, answering the complaint of the plaintiff(s), upon information and
belief, respectfully shows to this Court and alleges:
ANSWERING THE FIRST CAUSE OF ACTION:
1. Denies any knowledge or information sufficient to form a belief as to the truth of
"1" "2" plaintiff(s)'
the allegations in the form alleged contained in paragraphs and of the
complaint, except admits defendant, SOTIRIOS KASSAPIDIS, M.D., is a physician duly
licensed to practice medicine in the State of New York.
2. Denies any knowledge or information sufficient to form a belief as to the truth of
"3," "49," "53," "54" "55"
the allegations in the form alleged contained in paragraphs and of the
plaintiff(s)'
complaint, except admits defendant, SOTIRIOS KASSAPIDIS, M.D., is a physician
duly licensed to practice medicine in the State of New York, and was and is competent to render
services in his area of specialty.
3. Denies any knowledge or information sufficient to form a belief as-to the truth of
"4," "5," "6," "7," "8," "9," "48," "50,"
the all gations in the form alleged contained in paragraphs
1 of 36
FILED: QUEENS COUNTY CLERK 04/26/2018
06/23/2022 04:29
02:28 PM INDEX NO. 704658/2018
NYSCEF DOC. NO. 17
156 RECEIVED NYSCEF: 04/26/2018
06/23/2022
"62," "63," "64," "65," "67," "69," "71," "72" "73" plaintiff(s)'
and of the complaint, and refers
allquestions of fact to the trier of fact and all questions of law to the Court.
"10,"
4. Denies each and every allegation in the form alleged contained in paragraphs
"74," "75," "76" "77" plaintiff(s)'
f(S'
and of the plaintif complaint.
5. Denies any knowledge or information sufficient to form a belief as to the truth of
"11," "12," "13," "14," "15," "16," "17," "18," "19," "20,"
the allegations contained in paragraphs
"21," "22," "23," "24," "25," "26," "27," "28," "29," "30," "31," "32," "33," "34," "35," "36,"
«28
"37," "38," "39," "40," "41," "42," "43," "44," "45," "46," "47," "51," "52," "56," "57," "58,"
9 «58
"59," "60," "61," "66," "68" "70" plaintiff(s)'
and of the complaint.
"78," "79," "80," "81,"
6. Denies each and every allegation contained in paragraphs
"82" "83" plaintiff(s)'
and of the complaint.
ANSWERING THE SECOND CAUSE OF ACTION:
"84" plaintiff(s)'
7. Answering paragraph of the complaint, the answering defendant
repeats, reiterates and realleges each and every denial heretofore made in regard to each and every
plaintiff(s)' "1" "83,"
paragraph contained in the complaint, designated as paragraphs through
inclusive, with the same force and effect as ifmore fully set forth at length herein.
"85"
8. Denies each and every allegation in the form alleged contained in paragraphs
"86" plaintiff(s)'
and of the complaint.
paragraphs"87" "88"
9. Denies each and every allegation contained in and of the
plaintiff(s)''
plaintiff(s) complaint.
ANSWERING THE THIRD CAUSE OF ACTION:
"89" plaintiff(s)'
10. Answering paragraph of the complaint, the answering defendant
repeats, reiterates and realleges each and every denial heretofore made in regard to each and every
2 of 36
FILED: QUEENS COUNTY CLERK 04/26/2018
06/23/2022 04:29
02:28 PM INDEX NO. 704658/2018
NYSCEF DOC. NO. 17
156 RECEIVED NYSCEF: 04/26/2018
06/23/2022
plaintiff(s)' "1" "88,"
paragraph contained in the complaint, designated as paragraphs through
inclusive, with the same force and effect as if more fully set forth at length herein.
11. Denies any knowledge or information sufficient to form a belief as to the truth of
"90," "91" "92" "93" plaintiff(s)'
the allegations contained in paragraphs and of the complaint.
"94,"
12. Denies each and every allegation in the form alleged contained in paragraphs
"95," "96" "97" plaintiff(s)'
and of the complaint.
"98" plaintiff(s)'
13. Denies each and every allegation contained in paragraph of the
complaint.
ANSWERING THE FOURTH CAUSE OF ACTION:
"99" plaintiff(s)'
14. Answering paragraph of the complaint, the answering defendant
repeats, reiterates and realleges each and every denial heretofore made in regard to each and every
plaintiff(s)' "1" "98,"
paragraph contained in the complaint, designated as paragraphs through
inclusive, with the same force and effect as if more fully set forth at length herein.
15. Denies any knowledge or information sufficient to form a belief as to the truth of
"100," "101," "102," "103," "104," "105," "106," "107"
the allegations contained in paragraphs
"108" plaintiff(s)'
and of the complaint.
"109" plaintiff(s)'
16. Denies each. and every allegation contained in paragraph of the
complaint.
ANSWERING THE FIFTH CAUSE OF ACTION:
"110" plaintiff(s)'
17. Answering paragraph of the complaint, the answering defendant
repeats, reiterates and realleges each and every denial heretofore made in regard to each and every
plaintiff(s)' "1" "109,"
paragraph contained in the complaint, designated as paragraphs through
inclusive, with the same force and effect. as if more fully set forth at length herein,
3 of 36
FILED: QUEENS COUNTY CLERK 04/26/2018
06/23/2022 04:29
02:28 PM INDEX NO. 704658/2018
NYSCEF DOC. NO. 17
156 RECEIVED NYSCEF: 04/26/2018
06/23/2022
"111"
18. Denies each and every allegation in the form alleged contained in paragraphs
"112" plaintiff(s)' '
and of the plaintiff(s) complaint.
"113" plaintiff(s)'
19. Denies each and every allegation contained in paragraphs of the
complaint.
20. Any paragraph not answered is deemed denied.
AS AND FOR A FIRST DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
21. The alleged causes of action set forth in the complaint did not accrue within the
applicable statutory period preceding the commencement of said actions, and said actions are
barred by the statute of limitations.
AS AND FOR A SECOND DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
22. That the answering defendant(s) reserve(s) the right to claim the limitations of
pursuant to Article 16 of the for herein the plaintiff for non-
liability CPLR, any recovery by
economic loss.
AS AND FOR A THIRD DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
23. That any injuries sustained by plaintiff(s) at the time and place mentioned in the
complaint were caused solely and wholly by reason of the carelessness, negligence, recklessness
and acts or omissions on the part of the plaintiff and were not caused or contributed to by reason
of any carelessness, negligence, recklessness or acts or omissions on the part of this answering
defendant,
4 of 36
FILED: QUEENS COUNTY CLERK 04/26/2018
06/23/2022 04:29
02:28 PM INDEX NO. 704658/2018
NYSCEF DOC. NO. 17
156 RECEIVED NYSCEF: 04/26/2018
06/23/2022
AS ANDFORAFOURTHDEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
24. That the defendant acted in accordance with the appropriate provisions of Section
2805-d of the Public Health Law and relies on the defenses set out therein.
AS AND FOR A FIFTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
25. The plaintiff(s) complaint fails to state a cause of action as against this answering
defendant upon which relief can be granted.
AS AND FOR A SIXTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
25. In the event plaintiffs recover a verdict orjudgment against defendants, such verdict
or judgment must be reduced pursuant to §4545 of the CPLR by those amounts which have been,
or will, with reasonable certainty replace or indemnify plaintiffs in whole or in part, for any past
or future claimed economic loss, from any collateral source.
AS AND FOR A SEVENTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
26. The defendant asserts the defense of set-off to reduce the plaintiff's claims under
§15-108 of the General Obligations Law.
AS AND FOR A EIGHTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
ol'
27. If plaintiff is entitled to recover damages for loss of earnings or impairment of
earning ability as against defendant SOTIRIOS KASSAPIDIS, M.D. 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, if any, shall be reduced by the amount of
I'ederal, state and local income taxes which the plaintiff would have been obligated by law to pay.
5 of 36
FILED: QUEENS COUNTY CLERK 04/26/2018
06/23/2022 04:29
02:28 PM INDEX NO. 704658/2018
NYSCEF DOC. NO. 17
156 RECEIVED NYSCEF: 04/26/2018
06/23/2022
AS AND FOR A NINTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
28. If the plaintiff was caused to sustain personal injuries and resulting damages
at the time and place set forth in the plaintiff s complaint and in the manner alleged therein through
any carelessness, recklessness, acts, omissions, negligence and/or breaches of duty and/or warranty
and/or contract other than of the plaintiff then the said injuries and damages arose out of the several
and joint carelessness, recklessness, acts, omissions, negligence and breaches of duty and/or
obligation and/or statute, and/or warranty, and/or contract in fact or implied in law, upon the part
of non-parties subject to in-personam jurisdiction, and ifthis pleading defendant is found negligent
as to the plaintiff for the injuries and damages set forth in the plaintiff's complaint, then and in that
event, the relative responsibilities of said pleading defendant must be apportioned by the
percentage of liability of said non-parties subject to in-personam jurisdiction.
WHEREFORE, the defendant, SOTIRIOS KASSAPIDIS, M.D., demands judgment
plaintiff(s)'
dismissing the complaint with the costs and disbursements of this action.
Dated: Roslyn, New York
April 26, 2018
Yours, etc.,
LAW OFFICES OF
BENVENUTO & SLATTERY
Attorneys for Defendant
SOTIRIOS KASSAPIDIS, M.D.
1800 Northern Boulevard
Roslyn, New York 11576
516-775-2236
TO: BURNS & HARRIS
Attorneys for Plaintiff
233 Broadway, Suite 900
New York, New York 10279
(212) 393-1000
6 of 36
FILED: QUEENS COUNTY CLERK 04/26/2018
06/23/2022 04:29
02:28 PM INDEX NO. 704658/2018
NYSCEF DOC. NO. 17
156 RECEIVED NYSCEF: 04/26/2018
06/23/2022
ATTORNEY'S VERIFICATION
LLOYD B. COHEN, an attorney duly admitted and licensed to practice in the courts of
this State affirms the following pursuant to CPLR 2106:
I am the attorney for the defendant, SOTIRIOS KASSAPIDIS, M.D., herein; and I have
read the foregoing answer and know the contents thereof; that the same is true to my own
knowledge except as to the matters therein stated to be alleged upon information and belief, and
that as to those matters, I believe them to be true.
That the reason this verification is made by your affirmant and not by the defendant
personally is,that the defendant is not within the county where your affirmant has an office.
That the sources of your affirmant's information and the grounds of his belief as to the
matters so alleged herein are investigations had by the defendant, his agents, servants and
representatives into the subject matter hereof and correspondence relating thereto, reports of which
investigations and copies of which correspondence are in the possession of your affirmant,
Dated: Roslyn, New York
April 26, 2018
LLOYD ,COHEN
7 of 36
FILED: QUEENS COUNTY CLERK 04/26/2018
06/23/2022 04:29
02:28 PM INDEX NO. 704658/2018
NYSCEF DOC. NO. 17
156 RECEIVED NYSCEF: 04/26/2018
06/23/2022
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 IR S:
PLEASE TAIE NOTICE that, within twenty (20) days from the date hereof, you are
required to serve the undersigned with duly executed authorizations, which include the address of
the party to whom the authorizations apply, permitting LAW OFFICES OF BENVENUTO &
SLATTERY, or their authorized representatives, to obtain copies of the records of:
1. all collateral sources;
2. employment records;
3. pharmacy records;
4. physical therapy records;
5. all prior 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 04/26/2018
06/23/2022 04:29
02:28 PM INDEX NO. 704658/2018
NYSCEF DOC. NO. 17
156 RECEIVED NYSCEF: 04/26/2018
06/23/2022
10. all health care insurers;
11. Paul S. Lajos, M.D.;
12. Jayantilal Patel, M.D.;
13. Gary Sclar, M.D.;
14. Mount Sinai Hospital Queens (records, pathology and radiology); and
15. primary care physicin.
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 26, 2018
Yours, etc.,
LAW OFFICES OF BENVENUTO &
SLATTERY
Attorneys for Defendant
SOTIRIOS KASSAPIDIS, M.D.
1800 Northern Boulevard
Roslyn, New York 11576
516-775-2236
TO: BURNS & HARIUS
Attorneys for Plaintiff
233 Broadway, Suite 900
New York, New York 10279
(212) 393-1000
9 of 36
FILED: QUEENS COUNTY CLERK 04/26/2018
06/23/2022 04:29
02:28 PM INDEX NO. 704658/2018
NYSCEF DOC. NO. 17
156 RECEIVED NYSCEF: 04/26/2018
06/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-----------------------------------------------------------------x
IVOIRE DANIELS,
Plaintiff(s), DEMAND FOR A
VERIFIED
BILL OF PARTICULARS
-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 TAIE 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 defendant(s),
SOTIRIOS KASSAPIDIS, M.D., within thirty (30) days after the service of a copy of this
demand, a verified bill of particulars setting forth in detail the following:
1. The dates and times of the day of the alleged negligent acts and/or omissions which
will be alleged against the defendant(s) herein.
2. The location 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 claim 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 act;
if the names are not 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 04/26/2018
06/23/2022 04:29
02:28 PM INDEX NO. 704658/2018
NYSCEF DOC. NO. 17
156 RECEIVED NYSCEF: 04/26/2018
06/23/2022
5. State whether or not any claim is made as to improper or defective equipment and
if so identify the equipment and state the defective conditions.
6. Give a statement of the accepted medical practices, customs and medical standards
which it isclaimed were violated/departed from by the answering defendant.
7. If the plaintiff(s) complains that the defendant(s) ignored signs, symptoms, 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 of each and every test the defendant(s) failed to take or administer;
and,
(g) the name of each and every test the defendant(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 manner the physical examination was improperly performed;
(b) the name of the surgical procedure and the date performed; and,
(c) in what manner thc surgical procedures were improperly performed,
11 of 36
FILED: QUEENS COUNTY CLERK 04/26/2018
06/23/2022 04:29
02:28 PM INDEX NO. 704658/2018
NYSCEF DOC. NO. 17
156 RECEIVED NYSCEF: 04/26/2018
06/23/2022
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 injuries required hospitalization, state the name
of each and every hospital with dates of confinement or outpatient treatment.
11. Ifitwill be claimed that the alleged injuries required confinement to bed or home,
state the period plaintiff was confined to bed, and period plaintiff 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 all hospitals).
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 plaintiffs gross earnings for the last calendar year prior to the alleged
negligence;
(c) the plaintiffs gross earnings for any calendar year during which it will be
claimed plaintiff was incapacitated from work;
(d) other income the plaintiff was receiving;
(e) name and address of employer(s) at the time plaintiff was incapacitated;
(f) name of present employer and occupation, if different from 13(e).
12 of 36
FILED: QUEENS COUNTY CLERK 04/26/2018
06/23/2022 04:29
02:28 PM INDEX NO. 704658/2018
NYSCEF DOC. NO. 17
156 RECEIVED NYSCEF: 04/26/2018
06/23/2022
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 amount 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 itis anticipated that further loss of earnings will be incurred in the future as a
result of the alleged malpractice, set forth:
(a) anticipated future lost earnings; 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 affirmative, state for which such claims plaintiff has
been reimbursed, the amount of reimbursement received for each element
of special damages and the name of the person, firm or organization who
made such reimbursement.
(b) If such reimbursement was made by an insurance company, state the
number of the policy under which paid.
17. If further 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 04/26/2018
06/23/2022 04:29
02:28 PM INDEX NO. 704658/2018
NYSCEF DOC. NO. 17
156 RECEIVED NYSCEF: 04/26/2018
06/23/2022
(b) hospital expenses;
(c) expenses for medicine;
(d) nursing expenses; and,
(e) 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;
I
(e) the names of all persons who witnessed or were present when consent(s)
Preview
FILED: QUEENS COUNTY CLERK 04/26/2018 06/23/2022 04:29 02:28 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 17 156 RECEIVED NYSCEF: 04/26/2018 06/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------x IV OIRE DANIELS, Plaintiff(s), VERIFIED ANSWER -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 The defendant, SOTIRIOS KASSAPIDIS, M.D., by his attorneys, LAW OFFICES OF BENVENUTO & SLATTERY, answering the complaint of the plaintiff(s), upon information and belief, respectfully shows to this Court and alleges: ANSWERING THE FIRST CAUSE OF ACTION: 1. Denies any knowledge or information sufficient to form a belief as to the truth of "1" "2" plaintiff(s)' the allegations in the form alleged contained in paragraphs and of the complaint, except admits defendant, SOTIRIOS KASSAPIDIS, M.D., is a physician duly licensed to practice medicine in the State of New York. 2. Denies any knowledge or information sufficient to form a belief as to the truth of "3," "49," "53," "54" "55" the allegations in the form alleged contained in paragraphs and of the plaintiff(s)' complaint, except admits defendant, SOTIRIOS KASSAPIDIS, M.D., is a physician duly licensed to practice medicine in the State of New York, and was and is competent to render services in his area of specialty. 3. Denies any knowledge or information sufficient to form a belief as-to the truth of "4," "5," "6," "7," "8," "9," "48," "50," the all gations in the form alleged contained in paragraphs 1 of 36 FILED: QUEENS COUNTY CLERK 04/26/2018 06/23/2022 04:29 02:28 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 17 156 RECEIVED NYSCEF: 04/26/2018 06/23/2022 "62," "63," "64," "65," "67," "69," "71," "72" "73" plaintiff(s)' and of the complaint, and refers allquestions of fact to the trier of fact and all questions of law to the Court. "10," 4. Denies each and every allegation in the form alleged contained in paragraphs "74," "75," "76" "77" plaintiff(s)' f(S' and of the plaintif complaint. 5. Denies any knowledge or information sufficient to form a belief as to the truth of "11," "12," "13," "14," "15," "16," "17," "18," "19," "20," the allegations contained in paragraphs "21," "22," "23," "24," "25," "26," "27," "28," "29," "30," "31," "32," "33," "34," "35," "36," «28 "37," "38," "39," "40," "41," "42," "43," "44," "45," "46," "47," "51," "52," "56," "57," "58," 9 «58 "59," "60," "61," "66," "68" "70" plaintiff(s)' and of the complaint. "78," "79," "80," "81," 6. Denies each and every allegation contained in paragraphs "82" "83" plaintiff(s)' and of the complaint. ANSWERING THE SECOND CAUSE OF ACTION: "84" plaintiff(s)' 7. Answering paragraph of the complaint, the answering defendant repeats, reiterates and realleges each and every denial heretofore made in regard to each and every plaintiff(s)' "1" "83," paragraph contained in the complaint, designated as paragraphs through inclusive, with the same force and effect as ifmore fully set forth at length herein. "85" 8. Denies each and every allegation in the form alleged contained in paragraphs "86" plaintiff(s)' and of the complaint. paragraphs"87" "88" 9. Denies each and every allegation contained in and of the plaintiff(s)'' plaintiff(s) complaint. ANSWERING THE THIRD CAUSE OF ACTION: "89" plaintiff(s)' 10. Answering paragraph of the complaint, the answering defendant repeats, reiterates and realleges each and every denial heretofore made in regard to each and every 2 of 36 FILED: QUEENS COUNTY CLERK 04/26/2018 06/23/2022 04:29 02:28 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 17 156 RECEIVED NYSCEF: 04/26/2018 06/23/2022 plaintiff(s)' "1" "88," paragraph contained in the complaint, designated as paragraphs through inclusive, with the same force and effect as if more fully set forth at length herein. 11. Denies any knowledge or information sufficient to form a belief as to the truth of "90," "91" "92" "93" plaintiff(s)' the allegations contained in paragraphs and of the complaint. "94," 12. Denies each and every allegation in the form alleged contained in paragraphs "95," "96" "97" plaintiff(s)' and of the complaint. "98" plaintiff(s)' 13. Denies each and every allegation contained in paragraph of the complaint. ANSWERING THE FOURTH CAUSE OF ACTION: "99" plaintiff(s)' 14. Answering paragraph of the complaint, the answering defendant repeats, reiterates and realleges each and every denial heretofore made in regard to each and every plaintiff(s)' "1" "98," paragraph contained in the complaint, designated as paragraphs through inclusive, with the same force and effect as if more fully set forth at length herein. 15. Denies any knowledge or information sufficient to form a belief as to the truth of "100," "101," "102," "103," "104," "105," "106," "107" the allegations contained in paragraphs "108" plaintiff(s)' and of the complaint. "109" plaintiff(s)' 16. Denies each. and every allegation contained in paragraph of the complaint. ANSWERING THE FIFTH CAUSE OF ACTION: "110" plaintiff(s)' 17. Answering paragraph of the complaint, the answering defendant repeats, reiterates and realleges each and every denial heretofore made in regard to each and every plaintiff(s)' "1" "109," paragraph contained in the complaint, designated as paragraphs through inclusive, with the same force and effect. as if more fully set forth at length herein, 3 of 36 FILED: QUEENS COUNTY CLERK 04/26/2018 06/23/2022 04:29 02:28 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 17 156 RECEIVED NYSCEF: 04/26/2018 06/23/2022 "111" 18. Denies each and every allegation in the form alleged contained in paragraphs "112" plaintiff(s)' ' and of the plaintiff(s) complaint. "113" plaintiff(s)' 19. Denies each and every allegation contained in paragraphs of the complaint. 20. Any paragraph not answered is deemed denied. AS AND FOR A FIRST DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 21. The alleged causes of action set forth in the complaint did not accrue within the applicable statutory period preceding the commencement of said actions, and said actions are barred by the statute of limitations. AS AND FOR A SECOND DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 22. That the answering defendant(s) reserve(s) the right to claim the limitations of pursuant to Article 16 of the for herein the plaintiff for non- liability CPLR, any recovery by economic loss. AS AND FOR A THIRD DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 23. That any injuries sustained by plaintiff(s) at the time and place mentioned in the complaint were caused solely and wholly by reason of the carelessness, negligence, recklessness and acts or omissions on the part of the plaintiff and were not caused or contributed to by reason of any carelessness, negligence, recklessness or acts or omissions on the part of this answering defendant, 4 of 36 FILED: QUEENS COUNTY CLERK 04/26/2018 06/23/2022 04:29 02:28 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 17 156 RECEIVED NYSCEF: 04/26/2018 06/23/2022 AS ANDFORAFOURTHDEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 24. That the defendant acted in accordance with the appropriate provisions of Section 2805-d of the Public Health Law and relies on the defenses set out therein. AS AND FOR A FIFTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 25. The plaintiff(s) complaint fails to state a cause of action as against this answering defendant upon which relief can be granted. AS AND FOR A SIXTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 25. In the event plaintiffs recover a verdict orjudgment against defendants, such verdict or judgment must be reduced pursuant to §4545 of the CPLR by those amounts which have been, or will, with reasonable certainty replace or indemnify plaintiffs in whole or in part, for any past or future claimed economic loss, from any collateral source. AS AND FOR A SEVENTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 26. The defendant asserts the defense of set-off to reduce the plaintiff's claims under §15-108 of the General Obligations Law. AS AND FOR A EIGHTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: ol' 27. If plaintiff is entitled to recover damages for loss of earnings or impairment of earning ability as against defendant SOTIRIOS KASSAPIDIS, M.D. 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, if any, shall be reduced by the amount of I'ederal, state and local income taxes which the plaintiff would have been obligated by law to pay. 5 of 36 FILED: QUEENS COUNTY CLERK 04/26/2018 06/23/2022 04:29 02:28 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 17 156 RECEIVED NYSCEF: 04/26/2018 06/23/2022 AS AND FOR A NINTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 28. If the plaintiff was caused to sustain personal injuries and resulting damages at the time and place set forth in the plaintiff s complaint and in the manner alleged therein through any carelessness, recklessness, acts, omissions, negligence and/or breaches of duty and/or warranty and/or contract other than of the plaintiff then the said injuries and damages arose out of the several and joint carelessness, recklessness, acts, omissions, negligence and breaches of duty and/or obligation and/or statute, and/or warranty, and/or contract in fact or implied in law, upon the part of non-parties subject to in-personam jurisdiction, and ifthis pleading defendant is found negligent as to the plaintiff for the injuries and damages set forth in the plaintiff's complaint, then and in that event, the relative responsibilities of said pleading defendant must be apportioned by the percentage of liability of said non-parties subject to in-personam jurisdiction. WHEREFORE, the defendant, SOTIRIOS KASSAPIDIS, M.D., demands judgment plaintiff(s)' dismissing the complaint with the costs and disbursements of this action. Dated: Roslyn, New York April 26, 2018 Yours, etc., LAW OFFICES OF BENVENUTO & SLATTERY Attorneys for Defendant SOTIRIOS KASSAPIDIS, M.D. 1800 Northern Boulevard Roslyn, New York 11576 516-775-2236 TO: BURNS & HARRIS Attorneys for Plaintiff 233 Broadway, Suite 900 New York, New York 10279 (212) 393-1000 6 of 36 FILED: QUEENS COUNTY CLERK 04/26/2018 06/23/2022 04:29 02:28 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 17 156 RECEIVED NYSCEF: 04/26/2018 06/23/2022 ATTORNEY'S VERIFICATION LLOYD B. COHEN, an attorney duly admitted and licensed to practice in the courts of this State affirms the following pursuant to CPLR 2106: I am the attorney for the defendant, SOTIRIOS KASSAPIDIS, M.D., herein; and I have read the foregoing answer and know the contents thereof; that the same is true to my own knowledge except as to the matters therein stated to be alleged upon information and belief, and that as to those matters, I believe them to be true. That the reason this verification is made by your affirmant and not by the defendant personally is,that the defendant is not within the county where your affirmant has an office. That the sources of your affirmant's information and the grounds of his belief as to the matters so alleged herein are investigations had by the defendant, his agents, servants and representatives into the subject matter hereof and correspondence relating thereto, reports of which investigations and copies of which correspondence are in the possession of your affirmant, Dated: Roslyn, New York April 26, 2018 LLOYD ,COHEN 7 of 36 FILED: QUEENS COUNTY CLERK 04/26/2018 06/23/2022 04:29 02:28 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 17 156 RECEIVED NYSCEF: 04/26/2018 06/23/2022 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 IR S: PLEASE TAIE NOTICE that, within twenty (20) days from the date hereof, you are required to serve the undersigned with duly executed authorizations, which include the address of the party to whom the authorizations apply, permitting LAW OFFICES OF BENVENUTO & SLATTERY, or their authorized representatives, to obtain copies of the records of: 1. all collateral sources; 2. employment records; 3. pharmacy records; 4. physical therapy records; 5. all prior 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 04/26/2018 06/23/2022 04:29 02:28 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 17 156 RECEIVED NYSCEF: 04/26/2018 06/23/2022 10. all health care insurers; 11. Paul S. Lajos, M.D.; 12. Jayantilal Patel, M.D.; 13. Gary Sclar, M.D.; 14. Mount Sinai Hospital Queens (records, pathology and radiology); and 15. primary care physicin. 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 26, 2018 Yours, etc., LAW OFFICES OF BENVENUTO & SLATTERY Attorneys for Defendant SOTIRIOS KASSAPIDIS, M.D. 1800 Northern Boulevard Roslyn, New York 11576 516-775-2236 TO: BURNS & HARIUS Attorneys for Plaintiff 233 Broadway, Suite 900 New York, New York 10279 (212) 393-1000 9 of 36 FILED: QUEENS COUNTY CLERK 04/26/2018 06/23/2022 04:29 02:28 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 17 156 RECEIVED NYSCEF: 04/26/2018 06/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -----------------------------------------------------------------x IVOIRE DANIELS, Plaintiff(s), DEMAND FOR A VERIFIED BILL OF PARTICULARS -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 TAIE 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 defendant(s), SOTIRIOS KASSAPIDIS, M.D., within thirty (30) days after the service of a copy of this demand, a verified bill of particulars setting forth in detail the following: 1. The dates and times of the day of the alleged negligent acts and/or omissions which will be alleged against the defendant(s) herein. 2. The location 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 claim 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 act; if the names are not 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 04/26/2018 06/23/2022 04:29 02:28 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 17 156 RECEIVED NYSCEF: 04/26/2018 06/23/2022 5. State whether or not any claim is made as to improper or defective equipment and if so identify the equipment and state the defective conditions. 6. Give a statement of the accepted medical practices, customs and medical standards which it isclaimed were violated/departed from by the answering defendant. 7. If the plaintiff(s) complains that the defendant(s) ignored signs, symptoms, 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 of each and every test the defendant(s) failed to take or administer; and, (g) the name of each and every test the defendant(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 manner the physical examination was improperly performed; (b) the name of the surgical procedure and the date performed; and, (c) in what manner thc surgical procedures were improperly performed, 11 of 36 FILED: QUEENS COUNTY CLERK 04/26/2018 06/23/2022 04:29 02:28 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 17 156 RECEIVED NYSCEF: 04/26/2018 06/23/2022 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 injuries required hospitalization, state the name of each and every hospital with dates of confinement or outpatient treatment. 11. Ifitwill be claimed that the alleged injuries required confinement to bed or home, state the period plaintiff was confined to bed, and period plaintiff 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 all hospitals). 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 plaintiffs gross earnings for the last calendar year prior to the alleged negligence; (c) the plaintiffs gross earnings for any calendar year during which it will be claimed plaintiff was incapacitated from work; (d) other income the plaintiff was receiving; (e) name and address of employer(s) at the time plaintiff was incapacitated; (f) name of present employer and occupation, if different from 13(e). 12 of 36 FILED: QUEENS COUNTY CLERK 04/26/2018 06/23/2022 04:29 02:28 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 17 156 RECEIVED NYSCEF: 04/26/2018 06/23/2022 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 amount 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 itis anticipated that further loss of earnings will be incurred in the future as a result of the alleged malpractice, set forth: (a) anticipated future lost earnings; 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 affirmative, state for which such claims plaintiff has been reimbursed, the amount of reimbursement received for each element of special damages and the name of the person, firm or organization who made such reimbursement. (b) If such reimbursement was made by an insurance company, state the number of the policy under which paid. 17. If further 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 04/26/2018 06/23/2022 04:29 02:28 PM INDEX NO. 704658/2018 NYSCEF DOC. NO. 17 156 RECEIVED NYSCEF: 04/26/2018 06/23/2022 (b) hospital expenses; (c) expenses for medicine; (d) nursing expenses; and, (e) 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; I (e) the names of all persons who witnessed or were present when consent(s)