Preview
FILED: KINGS COUNTY CLERK 05/07/2021 02:11 PM INDEX NO. 507320/2021
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/07/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------- x Index No. 507320/2021
VERA ITZHAKOV, as Administrator of the
Estate of IRENA BELIAKHOV, Deceased, and VERA
ITZHAKOV, Individually,
Plaintiffs, DEMAND FOR A BILL OF
-against- PARTICULARS
CONEY ISLAND HOSPITAL and NEW YORK CITY
HEALTH AND HOSPITALS CORPORATION,
Defendants.
--------------------------------------------------------------- X
PLEASE TAKE NOTICE, that pursuant to Sections 3041, 3042, 3043, and 3044 of the
Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars as to
Defendant NEW YORK CITY HEALTH AND HOSPITALS CORPORATION s/h/a CONEY
ISLAND HOSPITAL and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION
upon the undersigned within thirty (30) days after receipt of this Demand.
Each item and subdivision of this Demand must be answered separately and categorically
under its own number, without reference to the Complaint or to other portions of the Bill of
Particulars. Whirl Knits v. Adler Business Machines, Inc., 54 A.D.2d 760.
1. Set forth:
(a) each date on which the answering defendant rendered medical care to the
decedent;
(b) the address or addresses where such medical care was rendered to the
decedent.
2. Set forth the condition or conditions which it will be claimed the answering
defendant undertook to treat.
3. A statement of the accepted medical practices, customs, and medical standards, if
any, which it isclaimed were violated and departed from by the defendant herein.
4. 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.
5. If plaintiffs will claim that the answering defendant ignored complaints, signs,
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and/or symptoms, made an erroneous diagnosis, afforded improper treatment, administered
improper and/or contraindicated drugs, administered proper drugs in an incorrect dosage, failed
to take or administer tests, or improperly took and administered tests, state:
(a) the complaints, signs, and/or symptoms that the answering defendant
ignored and the date of each such occurrence;
(b) in what respect the diagnosis by the defendant was erroneous and incorrect,
what the claimed correct diagnosis should have been, and the point in time
that the plaintiffs will claim this answering defendant should have made the
correct diagnosis;
(c) the name of each and every improper and/or contraindicated drug, if any,
the name of the defendant prescribing same and the date of each such
prescription;
(d) the name of each proper drug allegedly administered incorrectly with the
dosage that plaintiffs will claim was the correct dosage;
(e) the name and/or description of each and every test answering defendant
failed to take or administer and the alleged date of such omission;
(f) the name of each and every test this answering defendant improperly took
or administered, and the manner in which each such test was improperly
taken or administered and the date(s) thereof.
6. Ifplaintiffs will claim that the defendant improperly performed a surgical procedure
or procedures, or performed a surgical procedure that was contraindicated and/or unnecessary, or
failed to perform a required surgical procedure, state:
(a) the name of the improperly performed, contraindicated, or unnecessary
surgical procedure and the date when itwas performed;
(b) in what manner was the aforesaid surgical procedure improperly performed;
(c) describe the procedure which should have been performed in which the
defendant failed to perform.
7. Set forth each act and omission which constitutes the alleged malpractice of the
answering defendant (other than those acts and omissions which are set forth in response to items
"5"
and "6") and the date of each act and omission.
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8. If it isclaimed that the answering defendant is responsible vicariously for the acts
or omissions of other(s), state the name of each such individual. If the name is not known, describe
the physical appearance with sufficient clarity for ready identification, and state the occupation of
each such person and the date and place of the act or omission.
9. State:
(a) the injuries that plaintiff and decedent suffered as a result of the alleged
negligence and/or malpractice of the defendant;
(b) set forth which injuries are claimed to be permanent and in what respect
they are claimed to be permanent.
10. State the length of time the decedent was confined to:
(a) bed;
(b) house;
(c) hospital;
(d) nursing home or other rehabilitative institution.
11. State separately the total amounts claimed by the plaintiffs as special damages for
each of the following:
(a) physician's services with names and addresses of all physicians who treated
the decedent for said injuries, and the dates of each physician's treatment;
(b) nurse's services;
(c) medical supplies, with a description of the supplies;
(d) hospital expenses, with the names and addresses of all hospitals and dates
of conferment at each hospital;
(e) each projected or anticipated item of future expense which plaintiff will
claim at trial;
(f) any other expenses.
12. State:
(a) occupation of the decedent at the time of the alleged malpractice by the
defendant, together with the name and address of the decedent's employer
at such time;
plaintiffs' plaintiffs'
(b) present occupation and the name and address of
present employer;
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(c) if self-employed, state the address of the place of employment and the type
of business or occupation in which decedent was engaged immediately prior
to the occurrence;
(d) the length of time decedent was unable to attend to his employment or his
business;
(e) the amount of money decedent was alleged to have earned during the year
prior to the occurrence;
(t) the amount of earnings the decedent is alleged to have lost as a result of the
defendant's negligence;
(g) the amount of future income, if any, which plaintiff will lose as a result of
defendant's negligence.
13. State the date of birth of plaintiff and the decedent.
14. State the social security number of plaintiff and decedent.
15. State the residence address of each plaintiff.
16. If lack of informed consent is claimed, set forth the dangers, risks, or alternatives
to the treatment and medical procedures rendered to the decedent by the answering defendant as
to which the latter failed to advise plaintiffs.
17. Set forth each and every act of negligence on the part of the answering defendant
which constitutes the defendant's alleged failure to obtain the decedent's informed consent.
18. If the decedent has received reimbursement for any of the medical expenses
incurred in connection with the treatment of the injuries complained of in the Amended Verified
Complaint, set forth:
(a) the source of the reimbursement, including:
(i) the name of the indemnitor (such as Blue Cross, GHI, etc.),
(ii) the group or policy number and plaintiff s identification number for
each provider,
(iii) Medicaid and/or Medicare number;
(b) The dates and amounts of reimbursement.
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19. If plaintiffs allege violation of a federal, state or local law, regulation, rule, statute
or ordinance, or violation of a federal, state or local administrative agency or body standard,
requirement or specification, state:
(a) the specific federal, state or local code, law, regulation, rule, statute or
ordinance, or federal, state or local administrative agency or body standard,
requirement or specification alleged to have been violated;
(b) the specific date, time and location of each alleged violation;
(c) the specific factual details concerning the manner in which each alleged
violation occurred.
20. Set forth the total amount claimed for funeral expenses.
21. Set forth the cause of death.
22. Set forth the names of, addresses, ages, and relationships to the decedent of all of
the next of kin and distributees of the decedent.
23. Set forth the date and place of death of the decedent.
24. State whether an autopsy was performed upon the body of the decedent and, if so,
state where such procedure was performed.
25. Set forth the County and State of birth of the decedent, together with the
decedent's full name at the time of birth.
26. With respect to claimed pecuniary loss sustained by the next of kin as a result of
the death of decedent, state:
(a) the names and addresses of the next of kin who received financial support
from the deceased at the time of death;
(b) the specific amount received by each of the next of kin from the deceased
during the five-year period immediately prior to her death;
(c) the approximate dates when each sum of money was allegedly paid the next
of kin of the deceased during the five-year period immediately prior to this
death;
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(d) the amount of pecuniary loss claimed to be sustained by each of the
decedent's next of kin.
27. Set forth in detail which exemptions set forth in CPLR Article 16 apply and how
they apply.
PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with
this Demand for a Verified Bill of Particulars, within thirty (30) days, a motion will be made
pursuant to CPLR §3042.
Dated: New York, New York
May 7, 2021
FURMAN KORNFELD & BRENNAN LLP
By :
Ita Parnass, Esq.
Attorneys for Defendant
Of Counsel to Andrea Cohen, Esq.
NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION s/H/A CONEY ISLAND HOSPITAL
AND NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION
26th
61 Broadway, FlOOr
New York, New York 10006
(212) 867-4100
FKB File No.: 625.250
THE JACOB D. FUCHSBERG LAW FIRM, LLP
Attorneys for Plaintiffs
- 37th
3 Park Avenue FlOOr
New York, New York 10016
(212) 869-3500
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Preview
FILED: KINGS COUNTY CLERK 05/07/2021 02:11 PM INDEX NO. 507320/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/07/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------- x Index No. 507320/2021 VERA ITZHAKOV, as Administrator of the Estate of IRENA BELIAKHOV, Deceased, and VERA ITZHAKOV, Individually, Plaintiffs, DEMAND FOR A BILL OF -against- PARTICULARS CONEY ISLAND HOSPITAL and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendants. --------------------------------------------------------------- X PLEASE TAKE NOTICE, that pursuant to Sections 3041, 3042, 3043, and 3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars as to Defendant NEW YORK CITY HEALTH AND HOSPITALS CORPORATION s/h/a CONEY ISLAND HOSPITAL and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION upon the undersigned within thirty (30) days after receipt of this Demand. Each item and subdivision of this Demand must be answered separately and categorically under its own number, without reference to the Complaint or to other portions of the Bill of Particulars. Whirl Knits v. Adler Business Machines, Inc., 54 A.D.2d 760. 1. Set forth: (a) each date on which the answering defendant rendered medical care to the decedent; (b) the address or addresses where such medical care was rendered to the decedent. 2. Set forth the condition or conditions which it will be claimed the answering defendant undertook to treat. 3. A statement of the accepted medical practices, customs, and medical standards, if any, which it isclaimed were violated and departed from by the defendant herein. 4. 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. 5. If plaintiffs will claim that the answering defendant ignored complaints, signs, 1 of 6 FILED: KINGS COUNTY CLERK 05/07/2021 02:11 PM INDEX NO. 507320/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/07/2021 and/or symptoms, made an erroneous diagnosis, afforded improper treatment, administered improper and/or contraindicated drugs, administered proper drugs in an incorrect dosage, failed to take or administer tests, or improperly took and administered tests, state: (a) the complaints, signs, and/or symptoms that the answering defendant ignored and the date of each such occurrence; (b) in what respect the diagnosis by the defendant was erroneous and incorrect, what the claimed correct diagnosis should have been, and the point in time that the plaintiffs will claim this answering defendant should have made the correct diagnosis; (c) the name of each and every improper and/or contraindicated drug, if any, the name of the defendant prescribing same and the date of each such prescription; (d) the name of each proper drug allegedly administered incorrectly with the dosage that plaintiffs will claim was the correct dosage; (e) the name and/or description of each and every test answering defendant failed to take or administer and the alleged date of such omission; (f) the name of each and every test this answering defendant improperly took or administered, and the manner in which each such test was improperly taken or administered and the date(s) thereof. 6. Ifplaintiffs will claim that the defendant improperly performed a surgical procedure or procedures, or performed a surgical procedure that was contraindicated and/or unnecessary, or failed to perform a required surgical procedure, state: (a) the name of the improperly performed, contraindicated, or unnecessary surgical procedure and the date when itwas performed; (b) in what manner was the aforesaid surgical procedure improperly performed; (c) describe the procedure which should have been performed in which the defendant failed to perform. 7. Set forth each act and omission which constitutes the alleged malpractice of the answering defendant (other than those acts and omissions which are set forth in response to items "5" and "6") and the date of each act and omission. 2 2 of 6 FILED: KINGS COUNTY CLERK 05/07/2021 02:11 PM INDEX NO. 507320/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/07/2021 8. If it isclaimed that the answering defendant is responsible vicariously for the acts or omissions of other(s), state the name of each such individual. If the name is not known, describe the physical appearance with sufficient clarity for ready identification, and state the occupation of each such person and the date and place of the act or omission. 9. State: (a) the injuries that plaintiff and decedent suffered as a result of the alleged negligence and/or malpractice of the defendant; (b) set forth which injuries are claimed to be permanent and in what respect they are claimed to be permanent. 10. State the length of time the decedent was confined to: (a) bed; (b) house; (c) hospital; (d) nursing home or other rehabilitative institution. 11. State separately the total amounts claimed by the plaintiffs as special damages for each of the following: (a) physician's services with names and addresses of all physicians who treated the decedent for said injuries, and the dates of each physician's treatment; (b) nurse's services; (c) medical supplies, with a description of the supplies; (d) hospital expenses, with the names and addresses of all hospitals and dates of conferment at each hospital; (e) each projected or anticipated item of future expense which plaintiff will claim at trial; (f) any other expenses. 12. State: (a) occupation of the decedent at the time of the alleged malpractice by the defendant, together with the name and address of the decedent's employer at such time; plaintiffs' plaintiffs' (b) present occupation and the name and address of present employer; 3 3 of 6 FILED: KINGS COUNTY CLERK 05/07/2021 02:11 PM INDEX NO. 507320/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/07/2021 (c) if self-employed, state the address of the place of employment and the type of business or occupation in which decedent was engaged immediately prior to the occurrence; (d) the length of time decedent was unable to attend to his employment or his business; (e) the amount of money decedent was alleged to have earned during the year prior to the occurrence; (t) the amount of earnings the decedent is alleged to have lost as a result of the defendant's negligence; (g) the amount of future income, if any, which plaintiff will lose as a result of defendant's negligence. 13. State the date of birth of plaintiff and the decedent. 14. State the social security number of plaintiff and decedent. 15. State the residence address of each plaintiff. 16. If lack of informed consent is claimed, set forth the dangers, risks, or alternatives to the treatment and medical procedures rendered to the decedent by the answering defendant as to which the latter failed to advise plaintiffs. 17. Set forth each and every act of negligence on the part of the answering defendant which constitutes the defendant's alleged failure to obtain the decedent's informed consent. 18. If the decedent has received reimbursement for any of the medical expenses incurred in connection with the treatment of the injuries complained of in the Amended Verified Complaint, set forth: (a) the source of the reimbursement, including: (i) the name of the indemnitor (such as Blue Cross, GHI, etc.), (ii) the group or policy number and plaintiff s identification number for each provider, (iii) Medicaid and/or Medicare number; (b) The dates and amounts of reimbursement. 4 4 of 6 FILED: KINGS COUNTY CLERK 05/07/2021 02:11 PM INDEX NO. 507320/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/07/2021 19. If plaintiffs allege violation of a federal, state or local law, regulation, rule, statute or ordinance, or violation of a federal, state or local administrative agency or body standard, requirement or specification, state: (a) the specific federal, state or local code, law, regulation, rule, statute or ordinance, or federal, state or local administrative agency or body standard, requirement or specification alleged to have been violated; (b) the specific date, time and location of each alleged violation; (c) the specific factual details concerning the manner in which each alleged violation occurred. 20. Set forth the total amount claimed for funeral expenses. 21. Set forth the cause of death. 22. Set forth the names of, addresses, ages, and relationships to the decedent of all of the next of kin and distributees of the decedent. 23. Set forth the date and place of death of the decedent. 24. State whether an autopsy was performed upon the body of the decedent and, if so, state where such procedure was performed. 25. Set forth the County and State of birth of the decedent, together with the decedent's full name at the time of birth. 26. With respect to claimed pecuniary loss sustained by the next of kin as a result of the death of decedent, state: (a) the names and addresses of the next of kin who received financial support from the deceased at the time of death; (b) the specific amount received by each of the next of kin from the deceased during the five-year period immediately prior to her death; (c) the approximate dates when each sum of money was allegedly paid the next of kin of the deceased during the five-year period immediately prior to this death; 5 5 of 6 FILED: KINGS COUNTY CLERK 05/07/2021 02:11 PM INDEX NO. 507320/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/07/2021 (d) the amount of pecuniary loss claimed to be sustained by each of the decedent's next of kin. 27. Set forth in detail which exemptions set forth in CPLR Article 16 apply and how they apply. PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with this Demand for a Verified Bill of Particulars, within thirty (30) days, a motion will be made pursuant to CPLR §3042. Dated: New York, New York May 7, 2021 FURMAN KORNFELD & BRENNAN LLP By : Ita Parnass, Esq. Attorneys for Defendant Of Counsel to Andrea Cohen, Esq. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION s/H/A CONEY ISLAND HOSPITAL AND NEW YORK CITY HEALTH AND HOSPITALS CORPORATION 26th 61 Broadway, FlOOr New York, New York 10006 (212) 867-4100 FKB File No.: 625.250 THE JACOB D. FUCHSBERG LAW FIRM, LLP Attorneys for Plaintiffs - 37th 3 Park Avenue FlOOr New York, New York 10016 (212) 869-3500 6 6 of 6