Preview
FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E
NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022
EXHIBIT B
FILED: INDEX NO. 28244/2020E
NYSCEF DOC.BRONX
NO. 62 COUNTY CLERK 01/11/2022 01:59 PM RECEIVED NYSCEF: 09/03/2020
NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
------------------------------------------------------------------------------------ X
FITHSROY CARGILL BY THE Index No. 28244/2020E
ADMINISTRATOR OF HIS ESTATE JOAN
CARGILL and JOAN CARGILL, Individually,
Plaintiffs, DEMAND FOR A VERIFIED
against BILL OF PARTICULARS AS TO
DEFENDANT MONTEFIORE
LENOX HILL HOSPITAL, NORTHWELL MEDICAL CENTER
HEALTH, INC., NORTHWELL HEALTHCARE,
INC., NORTH SHORE - LIJ NETWORK, INC.,
NORTHSHORE-LIJ HEALTH SYSTEM,
MONTEHORE MEDICAL CENTER,
MONTEFIORE NEW ROCHELLE HOSPITAL,
SCHAFFER EXTENDED CARE CENTER,
MONTEFIORE HEALTH SYSTEM, INC.,
CENTERLIGHT HEALTH SYSTEM, INC.,
CENTERLIGHT HEALTHCARE, INC.,
CENTERLIGHT CERTIFIED HOME HEALTH
AGENCY, VISITING NURSE SERVICE OF NEW
YORK, VISITING NURSE SERVICE OF NEW
YORK HOME CARE, VISITING NURSE
SERVICE OF NEW YORK HOME CARE 11,
CONCEPTS OF INDEPENDENCE, INC.,
CALVARY HOSPITAL, INC. and “JOHN DOE”
“JANE ROE” and “ABC INC.” 1-20 presently
unknown healthcare providers, individuals and
agencies
Defendants.
x
COUNSELORS:
PLEASE TAKE NOTICE, that defendant, MONTEFIORE MEDICAL CENTER,
hereby demands that plaintiffs serve on the undersigned within twenty (20) days from the date of
service hereof, a Verified Bill of Particulars with respect to the following matters concerning the
allegations in the complaint against the above named defendant:
1. State the (a) date and place of birth of the plaintiff and plaintiffs decedent; (b) residence
address of the plaintiff and plaintiffs decedent at the time this action was commenced; (c)
residence address of the plaintiff and plaintiffs decedent at the time of the alleged negligence; (d)
date(s) and place(s) of the plaintiff and plaintiff’s decedent marriage(s); (e) full names and dates
of birth of all children bom to the plaintiff and plaintiffs decedent; (f) social security number of
FILED: INDEX NO. 28244/2020E
NYSCEF DOC.BRONX
NO. 62 COUNTY CLERK 01/11/2022 01:59 PM RECEIVED NYSCEF: 09/03/2020
NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022
the plaintiff and plaintiffs decedent; and (g) Medicare Health Insurance Claim Number (HICN)
of the plaintiff and plaintiff’s decedent.
2. Set forth a general statement of the acts or omissions of this defendant that are claimed
to constitute a departure from good and accepted medical practice.
3. Set forth the date(s) of this defendant’s alleged negligence.
4. Set forth:
(a) The dates of first and last services allegedly rendered by each defendant;
(b) The place or places where the alleged services were rendered by each defendant.
5. If plaintiffs charge this defendant with a misdiagnosis, identify the alleged misdiagnosis
and set forth the diagnosis claimed to be the proper one.
6. If plaintiffs charge this defendant with having failed to administer a diagnostic test or
procedure, state the test or diagnostic procedure claimed to have been required and when and where
each test or diagnostic procedure should have been performed.
7. If plaintiffs charge this defendant with having failed to administer a particular course of
therapy, state the medicines, treatments and surgical procedures claimed to have been required and
when and where each should have been administered or performed.
8. If plaintiffs charge this defendant with having administered contraindicated medicines,
treatments, tests and/or surgical procedures, identify each and the conditions existing which, it is
claimed, contraindicated the medicine, treatment, test and/or surgical procedure.
9. If plaintiffs charge this defendant with negligently having administered a medicine,
treatment, test or surgical procedure, identify each so claimed and set forth the manner in which
the technique employed by this defendant departed from such standards.
10. If any special damages are claimed as a result of the alleged negligence, set forth, with
accompanying documentation including but not limited to, the following:
(a) The charges for the any and all hospitalizations, separately listing each hospital bill;
(b) Physicians' charges;
(c) Charges for medicines, itemizing the medicines charged for;
(d) Nursing changes;
(e) Funeral/Burial expenses; and.
Specify by category and amount any other special damages claimed.
FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 09/03/2020 2
NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022
11. Pursuant to CPLR 4545, identify the party or parties who paid the damages claimed in
paragraph 10 above, including the relationship of the plaintiff(s) to that party or parties. If the third
party payments were made as a result of reimbursements through an insurance company, set forth
the complete name and address of the company, the complete name of the person in whose name
the policy was issued, the state the policy was issued, the date of the policy’s inception, the name
of the plan and the policy number.
12. Identify by name and/or by stating the nature and date and approximate time of
treatment or service provided by each and every member or employee of defendant that plaintiffs
will claim negligently administered treatment.
13. If the plaintiffs claim that the injuries alleged herein were caused, in whole or in part,
by the use of a defective, inappropriate or insufficient piece of equipment or instrument, identify
each and every item so claimed and set forth those facts that support said allegations.
14. Set forth the full names and addresses of each and every person that plaintiffs will
claim, at the time of trial, observed this defendant’s acts of alleged malpractice.
15. Set forth the full names and addresses of each and every physician from whom the
plaintiff-patient has received medical treatment for any medical, surgical or related condition in
the fifteen (15) years prior to the alleged malpractice with dates of treatment.
16. Set forth the fiill names and addresses of each and every hospital, institution, facility
or clinic in which the plaintiff-patient received treatment with respect to any medical, surgical or
related condition for the fifteen (15) years prior to the alleged malpractice with dates of
confinement or outpatient treatment.
17. Set forth the nature of the condition for which the plaintiff-patient sought and accepted
the medical treatment rendered by this defendant.
18. The nature, location, extent and duration of each injury which, it will be claimed, was
caused by the negligence of this defendant. If any injuries are claimed to be permanent, specify
each so claimed.
19. Set forth the fiiU name and address of each and every subsequent treating physician
from whom medical treatment or consultation was sought by the plaintiff-patient by reason of the
injuries allegedly sustained.
20. Set forth full name and address of each and every physician seen by the plaintiff-patient
for consultation, physical examination and or medical tests at the direction or referral of legal
counsel. Set forth dates of each such examination or treatment.
21. Set forth each and every condition which plaintiffs claim this defendant exacerbated.
-3-
FILED: BRONX62 COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E
NYSCEF DOC. NO. RECEIVED NYSCEF: 09/03/2020
NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022
(e) Names and addresses of all attorneys appearing for litigants;
(f) Status of lawsuit:
(i) if noticed for trial, specify the date;
(ii) if settled, annex a copy of each releaser delivered indicating the amounts
contributed by each defendant;
(iii) if discontinued without payment, annex a copy of each stipulation so dehvered
to each defendant;
(iv) if tried, annex a copy of the judgment with notice of entry; and,
(v) if judgment was satisfied, set forth date and amount of payment and annex a
copy of satisfaction of judgment.
28. If it is claimed that this defendant violated or departed from the terms of any statutes,
laws or ordinances, set forth the specific statute, law or ordinance alleged to have been violated or
from which departure is claimed and the specific acts and/or omissions alleged to be the basis for
the claim of violation or departure, including dates, times and places of aU such acts and/or
omissions.
PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiffs failure to comply
with the foregoing Demand for a Verified Bill of Particulars within twenty (20) days, defendant,
MONTEFIORE MEDICAL CENTER will move to preclude the offering of any evidence as to
the matters herein demanded and for costs of such motion.
Dated: New York, New York
September 3, 2020
Yours, etc.
/SI Patrick P. M a/s
BY: Patrick P. Mevs
AARONSON RAPPAPORT FEINSTEIN &
DEUTSCH, LLP
Attorneys for Defendants
MONTEHORE MEDICAL CENTER
Office & P.O. Address
600 Third Avenue
New York, NY 10016
(212) 593-6700
To: SONIN & GENTS, LLC
Attorneys for Plaintiffs
1 Fordham Plaza, Suite 907
Bronx, New York 10458
(718) 561-4444
-5-
FILED: INDEX NO. 28244/2020E
NYSCEF DOC.BRONX
NO. 62 COUNTY CLERK 01/11/2022 01:59 PM RECEIVED NYSCEF: 09/03/2020
NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022
MARTIN CLEARWATER & BELL LLP
Attorneys for Defendants
LENOX HILL HOSPITAL, NORTHWELL
HEALTH, INC., & NORTHWELL
HEALTHCARE, INC.
245 Main Street
White Plains, New York 10601
SHEELY LLP
Attorneys for Defendant
SCHAFFER EXTENDED CARE CENTER
100 Wall Street, 19“* Floor
New York, New York 10005
(646) 650-5952
RUBIN PATERNI GONZALEZ
KAUFMAN LLP
Attorneys for Defendant
CALVARY HOSPITAL, INC.
1225 Franklin Avenue Suite 200
Garden City, New York 11530
(516) 344-6376
-6-
>-F 7
FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 09/03/2020
NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX Index No: 28244/2020E
FITHSROY CARGILL BY THE ADMINISTRATOR OF
HIS ESTATE JOAN CARGILL and JOAN CARGILL
Individually,
Plaintiffs,
- against -
LENOX HILL HOSPITAL, NORTHWELL HEALTH,
INC., NORTHWELL HEALTHCARE, INC., NORTH
SHORE - LIJ NETWORK, INC., NORTHSHORE-LIJ
HEALTH SYSTEM, MONTEFIORE MEDICAL
CENTER, MONTEFIORE NEW ROCHELLE
HOSPITAL, SCHAFFER EXTENDED CARE CENTER,
MONTEFIORE HEALTH SYSTEM, INC.,
CENTERLIGHT HEALTH SYSTEM, INC.,
CENTERLIGHT HEALTHCARE, INC., CENTERLIGHT
CERTIFIED HOME HEALTH AGENCY, VISITING
NURSE SERVICE OF NEW YORK, VISITING NURSE
SERVICE OF NEW YORK HOME CARE, VISITING
NURSE SERVICE OF NEW YORK HOME CARE II,
CONCEPTS OF INDEPENDENCE, INC., CALVARY
HOSPITAL, INC. and "JOHN DOE" "JANE ROE" and
"ABC INC." 1-20 presently unknown healthcare
providers, individuals and agencies
Defendants.
DEMANDS FOR A VERIFIED BILL OF PARTICULARS
AS TO MONTEFIORE MEDICAL CENTER
AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP
Attorneys for Defendant
MONTEFIORE NEW ROCHELLE HOSPITAL
Office and Post Address
600 Third Avenue
New York, NY 10016
212-593-6700
-7-
FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/03/2020
NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
------------------------------------------------------------------------------------ X
FITHSROY CARGILL BY THE Index No. 28244/2020E
ADMINISTRATOR OF HIS ESTATE JOAN
CARGILL and JOAN CARGILL, Individually,
Plaintiffs,
- against -
DEMAND FOR A VERIFIED
LENOX HILL HOSPITAL, NORTHWELL BILL OF PARTICULARS AS TO
HEALTH, INC., NORTHWELL HEALTHCARE, DEFENDANT MONTEFIORE
INC., NORTH SHORE - LIJ NETWORK, INC., NEW ROCHELLE HOSPITAL
NORTHSHORE-LIJ HEALTH SYSTEM,
MONTEHORE MEDICAL CENTER,
MONTEFIORE NEW ROCHELLE HOSPITAL,
SCHAFFER EXTENDED CARE CENTER,
MONTEHORE HEALTH SYSTEM, INC.,
CENTERLIGHT HEALTH SYSTEM, INC.,
CENTERLIGHT HEALTHCARE, INC.,
CENTERLIGHT CERTIFIED HOME HEALTH
AGENCY, VISITING NURSE SERVICE OF NEW
YORK, VISITING NURSE SERVICE OF NEW
YORK HOME CARE, VISITING NURSE
SERVICE OF NEW YORK HOME CARE II,
CONCEPTS OF INDEPENDENCE, INC.,
CALVARY HOSPITAL, INC. and “JOHN DOE”
“JANE ROE” and “ABC INC.” 1-20 presently
unknown healthcare providers, individuals and
agencies
Defendants.
COUNSELORS:
PLEASE TAKE NOTICE, that defendant, MONTEFIORE NEW ROCHELLE
HOSPITAL, hereby demands that plaintiffs serve on the undersigned within twenty (20) days
from the date of service hereof, a Verified Bill of Particulars with respect to the following matters
concerning the allegations in the complaint against the above named defendant:
1. State the (a) date and place of birth of the plaintiff and plaintiff s decedent; (b) residence
address of the plaintiff and plaintiffs decedent at the time this action was commenced; (c)
residence address of the plaintiff and plaintiff’s decedent at the time of the alleged negligence; (d)
date(s) and place(s) of the plaintiff and plaintiff’s decedent marriage(s); (e) full names and dates
of birth of all children bom to the plaintiff and plaintiffs decedent; social security number of
/ — INDEX NO. 28244/2020E
FILED:
NYSCEF DOC.BRONX
NO. 66 COUNTY CLERK 01/11/2022 01:59 PM RECEIVED NYSCEF: 09/03/2020
NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022
the plaintiff and plaintiffs decedent; and (g) Medicare Health Insurance Claim Number (HICN)
of the plaintiff and plaintiff’s decedent.
2. Set forth a general statement of the acts or omissions of this defendant that are claimed
to constitute a departure from good and accepted medical practice.
3. Set forth the date(s) of this defendant’s alleged negligence.
4. Set forth:
(a) The dates of first and last services allegedly rendered by each defendant;
(b) The place or places where the alleged services were rendered by each defendant.
5. If plaintiffs charge this defendant with a misdiagnosis, identify the alleged misdiagnosis
and set forth the diagnosis claimed to be the proper one.
6. If plaintiffs charge this defendant with having failed to administer a diagnostic test or
procedure, state the test or diagnostic procedure claimed to have been required and when and where
each test or diagnostic procedure should have been performed.
7. If plaintiffs charge this defendant with having failed to administer a particular course of
therapy, state the medicines, treatments and surgical procedures claimed to have been required and
when and where each should have been administered or performed.
8. If plaintiffs charge this defendant with having administered contraindicated medicines,
treatments, tests and/or surgical procedures, identify each and the conditions existing which, it is
claimed, contraindicated the medicine, treatment, test and/or surgical procedure.
9. If plaintiffs charge this defendant with negligently having administered a medicine,
treatment, test or surgical procedure, identify each so claimed and set forth the manner in which
the technique employed by this defendant departed from such standards.
10. If any special damages are claimed as a result of the alleged negligence, set forth, with
accompanying documentation including but not limited to, the following:
(a) The charges for the any and all hospitalizations, separately listing each hospital bill;
(b) Physicians’ charges;
(c) Charges for medicines, itemizing the medicines charged for;
(d) Nursing changes;
(e) Funeral/Burial expenses; and,
(f) Specify by category and amount any other special damages claimed.
-2-
FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/03/2020
NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022
11. Pursuant to CPLR 4545, identify the party or parties who paid the damages claimed in
paragraph 10 above, including the relationship of the plaintiff(s) to that party or parties. If the third
party payments were made as a result of reimbursements through an insurance company, set forth
the complete name and address of the company, the complete name of the person in whose name
the policy was issued, the state the poHcy was issued, the date of the policy’s inception, the name
of the plan and the policy number.
12. Identify by name and/or by stating the nature and date and approximate time of
treatment or service provided by each and every member or employee of defendant that plaintiffs
wUl claim negligently administered treatment.
13. If the plaintiffs claim that the injuries alleged herein were caused, in whole or in part,
by the use of a defective, inappropriate or insufficient piece of equipment or instrument, identify
each and every item so claimed and set forth those facts that support said allegations.
14. Set forth the full names and addresses of each and every person that plaintiffs will
claim, at the time of trial, observed this defendant’s acts of alleged malpractice.
15. Set forth the full names and addresses of each and every physician from whom the
plaintiff-patient has received medical treatment for any medical, surgical or related condition in
the fifteen (15) years prior to the alleged malpractice with dates of treatment.
16. Set forth the full names and addresses of each and every hospital, institution, facility
or clinic in which the plaintiff-patient received treatment with respect to any medical, surgical or
related condition for the fifteen (15) years prior to the alleged malpractice with dates of
confinement or outpatient treatment.
17. Set forth the nature of the condition for which the plaintiff-patient sought and accepted
the medical treatment rendered by this defendant.
18. The nature, location, extent and duration of each injury which, it wUl be claimed, was
caused by the negligence of this defendant. If any injuries are claimed to be permanent, specify
each so claimed.
19. Set forth the full name and address of each and every subsequent treating physician
firom whom medical treatment or consultation was sought by the plaintiff-patient by reason of the
injuries allegedly sustained.
20. Set forth full name and address of each and every physician seen by the plaintiff-patient
for consultation, physical examination and or medical tests at the direction or referral of legal
counsel. Set forth dates of each such examination or treatment.
21. Set forth each and every condition which plaintiffs claim this defendant exacerbated.
FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/03/2020
NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022
22. If it will be claimed that the aforesaid injuries necessitated any hospitahzations of the
plaintiff-patient, set forth the name and address of each hospital with dates of confmement or
outpatient treatment.
23. If it will be claimed that the aforesaid injuries necessitated treatment at any other
institutions, set forth the name and address of each institution with dates of confinement.
24. If it will be claimed that the aforesaid injuries necessitated confinement to bed or home,
set forth the following:
(a) The dates of confinement to home;
(b) The dates of confinement to bed.
25. If loss of earnings is claimed as a result of the alleged negligence, set forth the
following:
(a) The name and address of claimant's employer at the time of the alleged negligence;
(b) The capacity in which claimant was employed;
(c) Claimant's earnings for the year prior to the alleged negligence;
I
(d) The last date claimant worked prior to the alleged negligence;
(e) The name and address of claimant's present employer; and,
(f) Loss of earnings claimed.
26. If it will be claimed that the aforesaid injuries necessitated any special educational,
emotional, or vocational training or schooling, set forth the name and address of each organization
and the dates.
27. Set forth the full caption of each and every lawsuit brought on plamtiff(s) behalf to
recover damages for any connected or aggravated injuries allegedly caused and sustained by reason
of the acts of one or more preceding, joint, concurrent and/or succeeding tortfeasors, including:
(a) Court;
(b) Index Number;
(c) Calendar Number;
(d) Names and addresses of all litigants;
-4-
FILED: BRONX66 COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E
NYSCEF DOC. NO. RECEIVED NYSCEF: 09/03/2020
NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022
(e) Names and addresses of all attorneys appearing for litigants;
(f) Status of lawsuit:
(i) if noticed for trial, specify the date;
(ii) if settled, annex a copy of each releaser delivered indicating the amounts
contributed by each defendant;
(iii) if discontinued without payment, annex a copy of each stipulation so delivered
to each defendant;
(iv) if tried, annex a copy of the judgment with notice of entry; and,
(v) if judgment was satisfied, set forth date and amount of payment and annex a
copy of satisfaction of judgment.
28. If it is claimed that this defendant violated or departed from the terms of any statutes,
laws or ordinances, set forth the specific statute, law or ordinance alleged to have been violated or
from which departure is claimed and the specific acts and/or omissions alleged to be the basis for
the claim of violation or departure, including dates, times and places of all such acts and/or
omissions.
PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiffs failure to comply
with the foregoing Demand for a Verified Bill of Particulars within twenty (20) days, defendant,
MONTEFIORE NEW ROCHELLE HOSPITAL will move to preclude the offering of any
evidence as to the matters herein demanded and for costs of such motion.
Dated: New York, New York
September 3, 2020
Yours, etc.
/S/ Patrick P. Ma/s
BY: Patrick P. Mevs
AARONSON RAPPAPORT FEINSTEIN &
DEUTSCH, LLP
Attorneys for Defendants
MONTEHORE NEW ROCHELLE HOSPITAL
Office & P.O. Address
600 Third Avenue
New York, NY 10016
212-593-6700
To: SONIN & GENIS, LLC
Attorneys for Plaintiffs
1 Fordham Plaza, Suite 907
Bronx, New York 10458
(718) 561-4444
-5-
FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/03/2020
NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022
MARTIN CLEARWATER & BELL LLP
Attorneys for Defendants
LENOX HILL HOSPITAL, NORTHWELL
HEALTH, INC., & NORTHWELL
HEALTHCARE, INC.
245 Main Street
White Plains, New York 10601
SHEELY LLP
Attorneys for Defendant
SCHAFFER EXTENDED CARE CENTER
100 Wall Street, 19* Floor
New York, New York 10005
(646) 650-5952
RUBIN PATERNI GONZALEZ
KAUFMAN LLP
Attorneys for Defendant
CALVARY HOSPITAL, INC.
1225 Franklin Avenue Suite 200
Garden City, New York 11530
(516) 344-6376
-6-
FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/03/2020
NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX Index No: 28244/2020E
FITHSROY CARGILL BY THE ADMINISTRATOR OF
HIS ESTATE JOAN CARGILL and JOAN CARGILL
Individually,
Plaintiffs,
- against -
LENOX HILL HOSPITAL, NORTHWELL HEALTH,
INC., NORTHWELL HEALTHCARE, INC., NORTH
SHORE - LIJ NETWORK, INC., NORTHSHORE-LIJ
HEALTH SYSTEM, MONTEFIORE MEDICAL
CENTER, MONTEFIORE NEW ROCHELLE
HOSPITAL, SCHAFFER EXTENDED CARE CENTER,
MONTEFIORE HEALTH SYSTEM, INC.,
CENTERLIGHT HEALTH SYSTEM, INC.,
CENTERLiGHT HEALTHCARE, INC., CENTERLIGHT
CERTIFIED HOME HEALTH AGENCY, VISITING
NURSE SERVICE OF NEW YORK, VISITING NURSE
SERVICE OF NEW YORK HOME CARE, VISITING
NURSE SERVICE OF NEW YORK HOME CARE II,
CONCEPTS OF INDEPENDENCE, INC., CALVARY
HOSPITAL, INC. and "JOHN DOE" "JANE ROE" and
"ABC INC." 1-20 presently unknown healthcare
providers, individuals and agencies
Defendants.
DEMAND FOR A VERIFIED BILL OF PARTICUALAR
AS TO MONTEFIORE NEW ROCHELLE HOSPITAL
AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP
Attorneys for Defendant
MONTEFIORE NEW ROCHELLE HOSPITAL
Office and Post Address
600 Third Avenue
New York. NY 10016
212-593-6700
-7-
FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 09/03/2020
NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
------------------------------------------------------------------------------------ X
FITHSROY CARGILL BY THE Index No. 28244/2020E
ADMINISTRATOR OF fflS ESTATE JOAN
CARGILL and JOAN CARGILL, Individually,
Plaintiffs,
- against -
COMBINED DEMANDS
LENOX HILL HOSPITAL, NORTHWELL AND NOTICE FOR DISCOVERY
HEALTH, INC., NORTHWELL HEALTHCARE, AND INSPECTION
INC., NORTH SHORE - LIJ NETWORK, INC.,
NORTHSHORE-LIJ HEALTH SYSTEM,
MONTEHORE MEDICAL CENTER,
MONTEFIORE NEW ROCHELLE HOSPITAL,
SCHAFFER EXTENDED CARE CENTER,
MONTEFIORE HEALTH SYSTEM, INC.,
CENTERLIGHT HEALTH SYSTEM, INC.,
CENTERLIGHT HEALTHCARE, INC.,
CENTERLIGHT CERTIFIED HOME HEALTH
AGENCY, VISITING NURSE SERVICE OF NEW
YORK, VISITING NURSE SERVICE OF NEW
YORK HOME CARE, VISITING NURSE
SERVICE OF NEW YORK HOME CARE II,
CONCEPTS OF INDEPENDENCE, INC.,
CALVARY HOSPITAL, INC. and “JOHN DOE”
“JANE ROE” and “ABC INC.” 1-20 presently
unknown healthcare providers, individuals and
agencies
Defendants.
JC
COUNSELORS
PLEASE TAKE NOTICE, that pursuant to Rule 3121 of the CPLR, you are hereby
requested to produce and permit the defendant, MONTEFIORE NEW ROCHELLE
HOSPITAL, through its attorneys, AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH,
LLP, to inspect, copy, test, and/or photograph the following specified documents in your
possession, control, and/or custody:
1. Authorizations (HIPAA compliant) to obtain medical records, lab reports, x-rays
and other materials related to treatment provided to the plaintiff’s decedent by the
following health care providers:
FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 09/03/2020
NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022
a. Hospitals, specifying complete names and addresses.
b. Doctors, specifying complete names and addresses.
c. Nurses and therapists, specifying complete names and addresses.
2. All medical reports, records and hospital charts upon which the plaintiffs will rely
at the time of trial.
PLEASE TAKE NOTICE, that the time, place, manner and making the
inspection, copying, testing and photographing as specified above is designated to be made at the
offices of AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP, 600 Third Avenue,
New York, NY 10016.
Demand for Insurance Information
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(f), you are required to serve
upon the undersigned within eight (8) days after service of this notice, any insurance contracts or
policies covering the above named party including, but not limited to primary, excess or
reinsurance coverage issued to said party, and under which any person carrying on an insurance
business may be liable to satisfy part or all of a judgment which may be entered in the within action
or to indemnify or reimburse the payments made to satisfy said judgment.
Said response shall include the name and address of the insurance carrier, the policy
number(s), the policy period(s) and the amount of such policy coverage(s).
Demand for Statements
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e), the defendant named below
hereby demands that the above-named claimant produce at the offices of the undersigned attorney,
within fourteen (14) days from your receipt of this Notice, the original of each and every statement
and other writing taken or received by said claimant, or her or their respective attorneys, agents or
representatives, from any said defendant or from any agent, servant or employee of any said
defendant and permitting said defendant, or the undersigned attorney acting on behalf of said
defendants to inspect and copy such statement and writing.
You are hereby advised that the defendants’ prescriptions, billing statements,
correspondence and medical reimbursement forms signed by or filled out by the defendants are
considered statements within the meaning of this Demand.
The aforesaid production may be complied with by sending a true copy of each
aforementioned statement and writing to the undersigned within the time hereinbefore specified,
PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with
this notice, that the undersigned will move to preclude the claimant fi“om introducing into evidence
and from otherwise using each aforement
Preview
FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022 EXHIBIT B FILED: INDEX NO. 28244/2020E NYSCEF DOC.BRONX NO. 62 COUNTY CLERK 01/11/2022 01:59 PM RECEIVED NYSCEF: 09/03/2020 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ------------------------------------------------------------------------------------ X FITHSROY CARGILL BY THE Index No. 28244/2020E ADMINISTRATOR OF HIS ESTATE JOAN CARGILL and JOAN CARGILL, Individually, Plaintiffs, DEMAND FOR A VERIFIED against BILL OF PARTICULARS AS TO DEFENDANT MONTEFIORE LENOX HILL HOSPITAL, NORTHWELL MEDICAL CENTER HEALTH, INC., NORTHWELL HEALTHCARE, INC., NORTH SHORE - LIJ NETWORK, INC., NORTHSHORE-LIJ HEALTH SYSTEM, MONTEHORE MEDICAL CENTER, MONTEFIORE NEW ROCHELLE HOSPITAL, SCHAFFER EXTENDED CARE CENTER, MONTEFIORE HEALTH SYSTEM, INC., CENTERLIGHT HEALTH SYSTEM, INC., CENTERLIGHT HEALTHCARE, INC., CENTERLIGHT CERTIFIED HOME HEALTH AGENCY, VISITING NURSE SERVICE OF NEW YORK, VISITING NURSE SERVICE OF NEW YORK HOME CARE, VISITING NURSE SERVICE OF NEW YORK HOME CARE 11, CONCEPTS OF INDEPENDENCE, INC., CALVARY HOSPITAL, INC. and “JOHN DOE” “JANE ROE” and “ABC INC.” 1-20 presently unknown healthcare providers, individuals and agencies Defendants. x COUNSELORS: PLEASE TAKE NOTICE, that defendant, MONTEFIORE MEDICAL CENTER, hereby demands that plaintiffs serve on the undersigned within twenty (20) days from the date of service hereof, a Verified Bill of Particulars with respect to the following matters concerning the allegations in the complaint against the above named defendant: 1. State the (a) date and place of birth of the plaintiff and plaintiffs decedent; (b) residence address of the plaintiff and plaintiffs decedent at the time this action was commenced; (c) residence address of the plaintiff and plaintiffs decedent at the time of the alleged negligence; (d) date(s) and place(s) of the plaintiff and plaintiff’s decedent marriage(s); (e) full names and dates of birth of all children bom to the plaintiff and plaintiffs decedent; (f) social security number of FILED: INDEX NO. 28244/2020E NYSCEF DOC.BRONX NO. 62 COUNTY CLERK 01/11/2022 01:59 PM RECEIVED NYSCEF: 09/03/2020 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022 the plaintiff and plaintiffs decedent; and (g) Medicare Health Insurance Claim Number (HICN) of the plaintiff and plaintiff’s decedent. 2. Set forth a general statement of the acts or omissions of this defendant that are claimed to constitute a departure from good and accepted medical practice. 3. Set forth the date(s) of this defendant’s alleged negligence. 4. Set forth: (a) The dates of first and last services allegedly rendered by each defendant; (b) The place or places where the alleged services were rendered by each defendant. 5. If plaintiffs charge this defendant with a misdiagnosis, identify the alleged misdiagnosis and set forth the diagnosis claimed to be the proper one. 6. If plaintiffs charge this defendant with having failed to administer a diagnostic test or procedure, state the test or diagnostic procedure claimed to have been required and when and where each test or diagnostic procedure should have been performed. 7. If plaintiffs charge this defendant with having failed to administer a particular course of therapy, state the medicines, treatments and surgical procedures claimed to have been required and when and where each should have been administered or performed. 8. If plaintiffs charge this defendant with having administered contraindicated medicines, treatments, tests and/or surgical procedures, identify each and the conditions existing which, it is claimed, contraindicated the medicine, treatment, test and/or surgical procedure. 9. If plaintiffs charge this defendant with negligently having administered a medicine, treatment, test or surgical procedure, identify each so claimed and set forth the manner in which the technique employed by this defendant departed from such standards. 10. If any special damages are claimed as a result of the alleged negligence, set forth, with accompanying documentation including but not limited to, the following: (a) The charges for the any and all hospitalizations, separately listing each hospital bill; (b) Physicians' charges; (c) Charges for medicines, itemizing the medicines charged for; (d) Nursing changes; (e) Funeral/Burial expenses; and. Specify by category and amount any other special damages claimed. FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 09/03/2020 2 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022 11. Pursuant to CPLR 4545, identify the party or parties who paid the damages claimed in paragraph 10 above, including the relationship of the plaintiff(s) to that party or parties. If the third party payments were made as a result of reimbursements through an insurance company, set forth the complete name and address of the company, the complete name of the person in whose name the policy was issued, the state the policy was issued, the date of the policy’s inception, the name of the plan and the policy number. 12. Identify by name and/or by stating the nature and date and approximate time of treatment or service provided by each and every member or employee of defendant that plaintiffs will claim negligently administered treatment. 13. If the plaintiffs claim that the injuries alleged herein were caused, in whole or in part, by the use of a defective, inappropriate or insufficient piece of equipment or instrument, identify each and every item so claimed and set forth those facts that support said allegations. 14. Set forth the full names and addresses of each and every person that plaintiffs will claim, at the time of trial, observed this defendant’s acts of alleged malpractice. 15. Set forth the full names and addresses of each and every physician from whom the plaintiff-patient has received medical treatment for any medical, surgical or related condition in the fifteen (15) years prior to the alleged malpractice with dates of treatment. 16. Set forth the fiill names and addresses of each and every hospital, institution, facility or clinic in which the plaintiff-patient received treatment with respect to any medical, surgical or related condition for the fifteen (15) years prior to the alleged malpractice with dates of confinement or outpatient treatment. 17. Set forth the nature of the condition for which the plaintiff-patient sought and accepted the medical treatment rendered by this defendant. 18. The nature, location, extent and duration of each injury which, it will be claimed, was caused by the negligence of this defendant. If any injuries are claimed to be permanent, specify each so claimed. 19. Set forth the fiiU name and address of each and every subsequent treating physician from whom medical treatment or consultation was sought by the plaintiff-patient by reason of the injuries allegedly sustained. 20. Set forth full name and address of each and every physician seen by the plaintiff-patient for consultation, physical examination and or medical tests at the direction or referral of legal counsel. Set forth dates of each such examination or treatment. 21. Set forth each and every condition which plaintiffs claim this defendant exacerbated. -3- FILED: BRONX62 COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. RECEIVED NYSCEF: 09/03/2020 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022 (e) Names and addresses of all attorneys appearing for litigants; (f) Status of lawsuit: (i) if noticed for trial, specify the date; (ii) if settled, annex a copy of each releaser delivered indicating the amounts contributed by each defendant; (iii) if discontinued without payment, annex a copy of each stipulation so dehvered to each defendant; (iv) if tried, annex a copy of the judgment with notice of entry; and, (v) if judgment was satisfied, set forth date and amount of payment and annex a copy of satisfaction of judgment. 28. If it is claimed that this defendant violated or departed from the terms of any statutes, laws or ordinances, set forth the specific statute, law or ordinance alleged to have been violated or from which departure is claimed and the specific acts and/or omissions alleged to be the basis for the claim of violation or departure, including dates, times and places of aU such acts and/or omissions. PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiffs failure to comply with the foregoing Demand for a Verified Bill of Particulars within twenty (20) days, defendant, MONTEFIORE MEDICAL CENTER will move to preclude the offering of any evidence as to the matters herein demanded and for costs of such motion. Dated: New York, New York September 3, 2020 Yours, etc. /SI Patrick P. M a/s BY: Patrick P. Mevs AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendants MONTEHORE MEDICAL CENTER Office & P.O. Address 600 Third Avenue New York, NY 10016 (212) 593-6700 To: SONIN & GENTS, LLC Attorneys for Plaintiffs 1 Fordham Plaza, Suite 907 Bronx, New York 10458 (718) 561-4444 -5- FILED: INDEX NO. 28244/2020E NYSCEF DOC.BRONX NO. 62 COUNTY CLERK 01/11/2022 01:59 PM RECEIVED NYSCEF: 09/03/2020 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022 MARTIN CLEARWATER & BELL LLP Attorneys for Defendants LENOX HILL HOSPITAL, NORTHWELL HEALTH, INC., & NORTHWELL HEALTHCARE, INC. 245 Main Street White Plains, New York 10601 SHEELY LLP Attorneys for Defendant SCHAFFER EXTENDED CARE CENTER 100 Wall Street, 19“* Floor New York, New York 10005 (646) 650-5952 RUBIN PATERNI GONZALEZ KAUFMAN LLP Attorneys for Defendant CALVARY HOSPITAL, INC. 1225 Franklin Avenue Suite 200 Garden City, New York 11530 (516) 344-6376 -6- >-F 7 FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 09/03/2020 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Index No: 28244/2020E FITHSROY CARGILL BY THE ADMINISTRATOR OF HIS ESTATE JOAN CARGILL and JOAN CARGILL Individually, Plaintiffs, - against - LENOX HILL HOSPITAL, NORTHWELL HEALTH, INC., NORTHWELL HEALTHCARE, INC., NORTH SHORE - LIJ NETWORK, INC., NORTHSHORE-LIJ HEALTH SYSTEM, MONTEFIORE MEDICAL CENTER, MONTEFIORE NEW ROCHELLE HOSPITAL, SCHAFFER EXTENDED CARE CENTER, MONTEFIORE HEALTH SYSTEM, INC., CENTERLIGHT HEALTH SYSTEM, INC., CENTERLIGHT HEALTHCARE, INC., CENTERLIGHT CERTIFIED HOME HEALTH AGENCY, VISITING NURSE SERVICE OF NEW YORK, VISITING NURSE SERVICE OF NEW YORK HOME CARE, VISITING NURSE SERVICE OF NEW YORK HOME CARE II, CONCEPTS OF INDEPENDENCE, INC., CALVARY HOSPITAL, INC. and "JOHN DOE" "JANE ROE" and "ABC INC." 1-20 presently unknown healthcare providers, individuals and agencies Defendants. DEMANDS FOR A VERIFIED BILL OF PARTICULARS AS TO MONTEFIORE MEDICAL CENTER AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant MONTEFIORE NEW ROCHELLE HOSPITAL Office and Post Address 600 Third Avenue New York, NY 10016 212-593-6700 -7- FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/03/2020 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ------------------------------------------------------------------------------------ X FITHSROY CARGILL BY THE Index No. 28244/2020E ADMINISTRATOR OF HIS ESTATE JOAN CARGILL and JOAN CARGILL, Individually, Plaintiffs, - against - DEMAND FOR A VERIFIED LENOX HILL HOSPITAL, NORTHWELL BILL OF PARTICULARS AS TO HEALTH, INC., NORTHWELL HEALTHCARE, DEFENDANT MONTEFIORE INC., NORTH SHORE - LIJ NETWORK, INC., NEW ROCHELLE HOSPITAL NORTHSHORE-LIJ HEALTH SYSTEM, MONTEHORE MEDICAL CENTER, MONTEFIORE NEW ROCHELLE HOSPITAL, SCHAFFER EXTENDED CARE CENTER, MONTEHORE HEALTH SYSTEM, INC., CENTERLIGHT HEALTH SYSTEM, INC., CENTERLIGHT HEALTHCARE, INC., CENTERLIGHT CERTIFIED HOME HEALTH AGENCY, VISITING NURSE SERVICE OF NEW YORK, VISITING NURSE SERVICE OF NEW YORK HOME CARE, VISITING NURSE SERVICE OF NEW YORK HOME CARE II, CONCEPTS OF INDEPENDENCE, INC., CALVARY HOSPITAL, INC. and “JOHN DOE” “JANE ROE” and “ABC INC.” 1-20 presently unknown healthcare providers, individuals and agencies Defendants. COUNSELORS: PLEASE TAKE NOTICE, that defendant, MONTEFIORE NEW ROCHELLE HOSPITAL, hereby demands that plaintiffs serve on the undersigned within twenty (20) days from the date of service hereof, a Verified Bill of Particulars with respect to the following matters concerning the allegations in the complaint against the above named defendant: 1. State the (a) date and place of birth of the plaintiff and plaintiff s decedent; (b) residence address of the plaintiff and plaintiffs decedent at the time this action was commenced; (c) residence address of the plaintiff and plaintiff’s decedent at the time of the alleged negligence; (d) date(s) and place(s) of the plaintiff and plaintiff’s decedent marriage(s); (e) full names and dates of birth of all children bom to the plaintiff and plaintiffs decedent; social security number of / — INDEX NO. 28244/2020E FILED: NYSCEF DOC.BRONX NO. 66 COUNTY CLERK 01/11/2022 01:59 PM RECEIVED NYSCEF: 09/03/2020 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022 the plaintiff and plaintiffs decedent; and (g) Medicare Health Insurance Claim Number (HICN) of the plaintiff and plaintiff’s decedent. 2. Set forth a general statement of the acts or omissions of this defendant that are claimed to constitute a departure from good and accepted medical practice. 3. Set forth the date(s) of this defendant’s alleged negligence. 4. Set forth: (a) The dates of first and last services allegedly rendered by each defendant; (b) The place or places where the alleged services were rendered by each defendant. 5. If plaintiffs charge this defendant with a misdiagnosis, identify the alleged misdiagnosis and set forth the diagnosis claimed to be the proper one. 6. If plaintiffs charge this defendant with having failed to administer a diagnostic test or procedure, state the test or diagnostic procedure claimed to have been required and when and where each test or diagnostic procedure should have been performed. 7. If plaintiffs charge this defendant with having failed to administer a particular course of therapy, state the medicines, treatments and surgical procedures claimed to have been required and when and where each should have been administered or performed. 8. If plaintiffs charge this defendant with having administered contraindicated medicines, treatments, tests and/or surgical procedures, identify each and the conditions existing which, it is claimed, contraindicated the medicine, treatment, test and/or surgical procedure. 9. If plaintiffs charge this defendant with negligently having administered a medicine, treatment, test or surgical procedure, identify each so claimed and set forth the manner in which the technique employed by this defendant departed from such standards. 10. If any special damages are claimed as a result of the alleged negligence, set forth, with accompanying documentation including but not limited to, the following: (a) The charges for the any and all hospitalizations, separately listing each hospital bill; (b) Physicians’ charges; (c) Charges for medicines, itemizing the medicines charged for; (d) Nursing changes; (e) Funeral/Burial expenses; and, (f) Specify by category and amount any other special damages claimed. -2- FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/03/2020 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022 11. Pursuant to CPLR 4545, identify the party or parties who paid the damages claimed in paragraph 10 above, including the relationship of the plaintiff(s) to that party or parties. If the third party payments were made as a result of reimbursements through an insurance company, set forth the complete name and address of the company, the complete name of the person in whose name the policy was issued, the state the poHcy was issued, the date of the policy’s inception, the name of the plan and the policy number. 12. Identify by name and/or by stating the nature and date and approximate time of treatment or service provided by each and every member or employee of defendant that plaintiffs wUl claim negligently administered treatment. 13. If the plaintiffs claim that the injuries alleged herein were caused, in whole or in part, by the use of a defective, inappropriate or insufficient piece of equipment or instrument, identify each and every item so claimed and set forth those facts that support said allegations. 14. Set forth the full names and addresses of each and every person that plaintiffs will claim, at the time of trial, observed this defendant’s acts of alleged malpractice. 15. Set forth the full names and addresses of each and every physician from whom the plaintiff-patient has received medical treatment for any medical, surgical or related condition in the fifteen (15) years prior to the alleged malpractice with dates of treatment. 16. Set forth the full names and addresses of each and every hospital, institution, facility or clinic in which the plaintiff-patient received treatment with respect to any medical, surgical or related condition for the fifteen (15) years prior to the alleged malpractice with dates of confinement or outpatient treatment. 17. Set forth the nature of the condition for which the plaintiff-patient sought and accepted the medical treatment rendered by this defendant. 18. The nature, location, extent and duration of each injury which, it wUl be claimed, was caused by the negligence of this defendant. If any injuries are claimed to be permanent, specify each so claimed. 19. Set forth the full name and address of each and every subsequent treating physician firom whom medical treatment or consultation was sought by the plaintiff-patient by reason of the injuries allegedly sustained. 20. Set forth full name and address of each and every physician seen by the plaintiff-patient for consultation, physical examination and or medical tests at the direction or referral of legal counsel. Set forth dates of each such examination or treatment. 21. Set forth each and every condition which plaintiffs claim this defendant exacerbated. FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/03/2020 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022 22. If it will be claimed that the aforesaid injuries necessitated any hospitahzations of the plaintiff-patient, set forth the name and address of each hospital with dates of confmement or outpatient treatment. 23. If it will be claimed that the aforesaid injuries necessitated treatment at any other institutions, set forth the name and address of each institution with dates of confinement. 24. If it will be claimed that the aforesaid injuries necessitated confinement to bed or home, set forth the following: (a) The dates of confinement to home; (b) The dates of confinement to bed. 25. If loss of earnings is claimed as a result of the alleged negligence, set forth the following: (a) The name and address of claimant's employer at the time of the alleged negligence; (b) The capacity in which claimant was employed; (c) Claimant's earnings for the year prior to the alleged negligence; I (d) The last date claimant worked prior to the alleged negligence; (e) The name and address of claimant's present employer; and, (f) Loss of earnings claimed. 26. If it will be claimed that the aforesaid injuries necessitated any special educational, emotional, or vocational training or schooling, set forth the name and address of each organization and the dates. 27. Set forth the full caption of each and every lawsuit brought on plamtiff(s) behalf to recover damages for any connected or aggravated injuries allegedly caused and sustained by reason of the acts of one or more preceding, joint, concurrent and/or succeeding tortfeasors, including: (a) Court; (b) Index Number; (c) Calendar Number; (d) Names and addresses of all litigants; -4- FILED: BRONX66 COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. RECEIVED NYSCEF: 09/03/2020 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022 (e) Names and addresses of all attorneys appearing for litigants; (f) Status of lawsuit: (i) if noticed for trial, specify the date; (ii) if settled, annex a copy of each releaser delivered indicating the amounts contributed by each defendant; (iii) if discontinued without payment, annex a copy of each stipulation so delivered to each defendant; (iv) if tried, annex a copy of the judgment with notice of entry; and, (v) if judgment was satisfied, set forth date and amount of payment and annex a copy of satisfaction of judgment. 28. If it is claimed that this defendant violated or departed from the terms of any statutes, laws or ordinances, set forth the specific statute, law or ordinance alleged to have been violated or from which departure is claimed and the specific acts and/or omissions alleged to be the basis for the claim of violation or departure, including dates, times and places of all such acts and/or omissions. PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiffs failure to comply with the foregoing Demand for a Verified Bill of Particulars within twenty (20) days, defendant, MONTEFIORE NEW ROCHELLE HOSPITAL will move to preclude the offering of any evidence as to the matters herein demanded and for costs of such motion. Dated: New York, New York September 3, 2020 Yours, etc. /S/ Patrick P. Ma/s BY: Patrick P. Mevs AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendants MONTEHORE NEW ROCHELLE HOSPITAL Office & P.O. Address 600 Third Avenue New York, NY 10016 212-593-6700 To: SONIN & GENIS, LLC Attorneys for Plaintiffs 1 Fordham Plaza, Suite 907 Bronx, New York 10458 (718) 561-4444 -5- FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/03/2020 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022 MARTIN CLEARWATER & BELL LLP Attorneys for Defendants LENOX HILL HOSPITAL, NORTHWELL HEALTH, INC., & NORTHWELL HEALTHCARE, INC. 245 Main Street White Plains, New York 10601 SHEELY LLP Attorneys for Defendant SCHAFFER EXTENDED CARE CENTER 100 Wall Street, 19* Floor New York, New York 10005 (646) 650-5952 RUBIN PATERNI GONZALEZ KAUFMAN LLP Attorneys for Defendant CALVARY HOSPITAL, INC. 1225 Franklin Avenue Suite 200 Garden City, New York 11530 (516) 344-6376 -6- FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 09/03/2020 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Index No: 28244/2020E FITHSROY CARGILL BY THE ADMINISTRATOR OF HIS ESTATE JOAN CARGILL and JOAN CARGILL Individually, Plaintiffs, - against - LENOX HILL HOSPITAL, NORTHWELL HEALTH, INC., NORTHWELL HEALTHCARE, INC., NORTH SHORE - LIJ NETWORK, INC., NORTHSHORE-LIJ HEALTH SYSTEM, MONTEFIORE MEDICAL CENTER, MONTEFIORE NEW ROCHELLE HOSPITAL, SCHAFFER EXTENDED CARE CENTER, MONTEFIORE HEALTH SYSTEM, INC., CENTERLIGHT HEALTH SYSTEM, INC., CENTERLiGHT HEALTHCARE, INC., CENTERLIGHT CERTIFIED HOME HEALTH AGENCY, VISITING NURSE SERVICE OF NEW YORK, VISITING NURSE SERVICE OF NEW YORK HOME CARE, VISITING NURSE SERVICE OF NEW YORK HOME CARE II, CONCEPTS OF INDEPENDENCE, INC., CALVARY HOSPITAL, INC. and "JOHN DOE" "JANE ROE" and "ABC INC." 1-20 presently unknown healthcare providers, individuals and agencies Defendants. DEMAND FOR A VERIFIED BILL OF PARTICUALAR AS TO MONTEFIORE NEW ROCHELLE HOSPITAL AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant MONTEFIORE NEW ROCHELLE HOSPITAL Office and Post Address 600 Third Avenue New York. NY 10016 212-593-6700 -7- FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 09/03/2020 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ------------------------------------------------------------------------------------ X FITHSROY CARGILL BY THE Index No. 28244/2020E ADMINISTRATOR OF fflS ESTATE JOAN CARGILL and JOAN CARGILL, Individually, Plaintiffs, - against - COMBINED DEMANDS LENOX HILL HOSPITAL, NORTHWELL AND NOTICE FOR DISCOVERY HEALTH, INC., NORTHWELL HEALTHCARE, AND INSPECTION INC., NORTH SHORE - LIJ NETWORK, INC., NORTHSHORE-LIJ HEALTH SYSTEM, MONTEHORE MEDICAL CENTER, MONTEFIORE NEW ROCHELLE HOSPITAL, SCHAFFER EXTENDED CARE CENTER, MONTEFIORE HEALTH SYSTEM, INC., CENTERLIGHT HEALTH SYSTEM, INC., CENTERLIGHT HEALTHCARE, INC., CENTERLIGHT CERTIFIED HOME HEALTH AGENCY, VISITING NURSE SERVICE OF NEW YORK, VISITING NURSE SERVICE OF NEW YORK HOME CARE, VISITING NURSE SERVICE OF NEW YORK HOME CARE II, CONCEPTS OF INDEPENDENCE, INC., CALVARY HOSPITAL, INC. and “JOHN DOE” “JANE ROE” and “ABC INC.” 1-20 presently unknown healthcare providers, individuals and agencies Defendants. JC COUNSELORS PLEASE TAKE NOTICE, that pursuant to Rule 3121 of the CPLR, you are hereby requested to produce and permit the defendant, MONTEFIORE NEW ROCHELLE HOSPITAL, through its attorneys, AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP, to inspect, copy, test, and/or photograph the following specified documents in your possession, control, and/or custody: 1. Authorizations (HIPAA compliant) to obtain medical records, lab reports, x-rays and other materials related to treatment provided to the plaintiff’s decedent by the following health care providers: FILED: BRONX COUNTY CLERK 01/11/2022 01:59 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 09/03/2020 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 01/11/2022 a. Hospitals, specifying complete names and addresses. b. Doctors, specifying complete names and addresses. c. Nurses and therapists, specifying complete names and addresses. 2. All medical reports, records and hospital charts upon which the plaintiffs will rely at the time of trial. PLEASE TAKE NOTICE, that the time, place, manner and making the inspection, copying, testing and photographing as specified above is designated to be made at the offices of AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP, 600 Third Avenue, New York, NY 10016. Demand for Insurance Information PLEASE TAKE NOTICE, that pursuant to CPLR §3101(f), you are required to serve upon the undersigned within eight (8) days after service of this notice, any insurance contracts or policies covering the above named party including, but not limited to primary, excess or reinsurance coverage issued to said party, and under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the within action or to indemnify or reimburse the payments made to satisfy said judgment. Said response shall include the name and address of the insurance carrier, the policy number(s), the policy period(s) and the amount of such policy coverage(s). Demand for Statements PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e), the defendant named below hereby demands that the above-named claimant produce at the offices of the undersigned attorney, within fourteen (14) days from your receipt of this Notice, the original of each and every statement and other writing taken or received by said claimant, or her or their respective attorneys, agents or representatives, from any said defendant or from any agent, servant or employee of any said defendant and permitting said defendant, or the undersigned attorney acting on behalf of said defendants to inspect and copy such statement and writing. You are hereby advised that the defendants’ prescriptions, billing statements, correspondence and medical reimbursement forms signed by or filled out by the defendants are considered statements within the meaning of this Demand. The aforesaid production may be complied with by sending a true copy of each aforementioned statement and writing to the undersigned within the time hereinbefore specified, PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with this notice, that the undersigned will move to preclude the claimant fi“om introducing into evidence and from otherwise using each aforement