Preview
FILED: KINGS COUNTY CLERK 01/04/2021 10:08 AM INDEX NO. 522903/2020
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/04/2021
SUPREME COURT OF THE STATE OF NEW YORK
-
COUNTY OF KINGS
x
NATALIE WALKES-ROBINSON, as Proposed
Executor of the Estate of PAULINE WALKES,
deceased, VERIFIED ANSWER
Plaintiff,
- against - Index No. 522903/2020
JOHN DOE 1", M.D., the physician who perforated
plaintiffs decedent's esophagus, "JOHN DOE 2",
M.D., the physician who performed an esophageal
diversion procedure on plaintiffs decedent, and
NEW YORK-PRESBYTERIAN BROOKLYN
METHODIST HOSPITAL
Defendants.
x
Counselor:
Defendant, NEW YORK PRESBYTERIAN/BROOKLYN METHODIST s/h/a "NEW
HOSPITAL"
YORK-PRESBYTERIAN BROOKLYN METHODIST by its attorneys,
AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, as and for its Answer to plaintiff's
Complaint, respectfully shows to this Court and alleges upon information and belief:
THE PARTIES
1. Denies the knowledge or information sufficient to form a belief as to the truth of
"1," "3," "4," "5."
allegations contained in paragraphs and
"6"
2. Denies the allegations contained in paragraph in the form alleged.
3. Denies the knowledge or information sufficient to form a belief as to the truth of
"7" "8."
allegations contained in paragraphs and
"9"
4. Denies the allegations contained in paragraph in the form alleged.
"10."
5. Denies the allegations contained in paragraph
"11"
6. Denies the allegations contained in paragraph in the form alleged.
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FILED: KINGS COUNTY CLERK 01/04/2021 10:08 AM INDEX NO. 522903/2020
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/04/2021
7. Denies the knowledge or information sufficient to form a belief as to the truth of
"12" "13."
allegations contained in paragraphs and
"14"
8. Denies the allegations contained in paragraph in the form alleged.
"15."
9. Denies the allegations contained in paragraph
"16," "17," "18" "19"
10. Denies the allegations contained in paragraphs and in the
form alleged except admits defendant NEW YORK PRESBYTERIAN/BROOKLYN
HOSPITAL"
METHODIST s/h/a "NEW YORK-PRESBYTERIAN BROOKLYN METHODIST
was a fully accredited hospital in the State of New York.
THE UNDERLYING FACTS
"20," "21," "22," "23," "24," "25,"
11. Denies the allegations contained in paragraphs
"26" "27"
and in the form alleged and respectfully refer to the hospital records for the specifies of
the patient's treatment thereat.
AS AND FOR THE FIRST CAUSE OF ACTION
"28," "29," "30," "31" "32."
12. Denies the allegations contained in paragraphs and
AS AND FOR THE SECOND CAUSE OF ACTION
"33"
13. In response to paragraph repeats each admission or denial contained in
"1" "32"
paragraphs through herein as though fully set forth hereat.
"34," "36," "37," "38," "39"
14. Denies the allegations contained in paragraphs and
"40."
AS AND FOR THE THIRD CAUSE OF ACTION
"41"
15. In response to paragraph repeats each admission or denial contained in
"1" "40"
paragraphs through herein as though fully set forth hereat.
"42," "43," "44" "45."
16. Denies the allegations contained in paragraphs and
-2-
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FILED: KINGS COUNTY CLERK 01/04/2021 10:08 AM INDEX NO. 522903/2020
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/04/2021
AS AND FOR THE FIRST AFFIRMATIVE DEFENSE
17. The cause(s) of action set forth in the plaintiff's complaint are barred by CPLR
§3012-a in that the plaintiff have failed to serve a Certificate of Merit as required by that provision.
AS AND FOR THE SECOND AFFIRMATIVE DEFENSE
18. The answering defendant(s) assert those applicable defenses for which provision is
made at Public Health Law §2805-d.
AS AND FOR THE THIRD AFFIRMATIVE DEFENSE
19. The cause(s) of action set forth in plaintiff's complaint are barred inasmuch as suit
was not instituted within the time period prescribed by all applicable Statute of Limitations.
AS AND F_OR THE FOURTH AFFIRMATIVE DEFENSE
20. That the plaintiff has been or will be compensated in whole or in part for the
damages claimed in the complaint by a collateral source of payment as set forth in CPLR §4545.
WHEREFORE, defendant, NEW YORK PRESBYTERIAN/BROOKLYN METHODIST
HOSPITAL"
s/h/a "NEW YORK-PRESBYTERIAN BROOKLYN METHODIST demands
judgment dismissing the Complaint, together with the costs and disbursements of the within action.
Dated: New York, New York
December 21, 2020 Yo , etc.
BY: Philip D. erner
AARONSON RAPPAPORT FEINSTEIN &
DEUTSCH, LLP
Attorneys for Defendant
NEW YORK PRESBYTERIAN/BROOKLYN
METHODIST s/h/a "NEW YORK-
PRESBYTERIAN BROOKLYN METHODIST
HOSPITAL"
Office & P.O. Address
600 Third Avenue
New York, NY 10016
(212) 593-5056
-3-
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FILED: KINGS COUNTY CLERK 01/04/2021 10:08 AM INDEX NO. 522903/2020
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/04/2021
Re: NATALIE WALKES-ROBINSON, as Proposed Executor of the Estate of PAULINE
WALKES, deceased v. JOHN DOE 1", M D., the physician who perforated plaintiffs
decedent's esophagus, "JOHN DOE 2", M.D., the physician who performed an
esophageal diversion procedure on plaintiffs and NEW YORK-
decedent,
PRESBYTERIAN BROOKLYN METHODIST HOSPITAL
Supreme Court: Kings County
Index No: 522903/2020
Our File No: 120.498
ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
ss:
COUNTY OF NEW YORK )
PHILIP D. LERNER, being duly sworn, deposes and says:
That I am a member in the firm of attorneys representing the defendant NEW
YORK PRESBYTERIAN/BROOKLYN METHODIST s/h/a "NEW YORK-
HOSPITAL"
PRESBYTERIAN BROOKLYN METHODIST
That I have read the attached Answer and the same is true to my own belief, except
as to matters alleged on information and belief, and as to those matters, I believe them to be true
to the best of my knowledge.
My sources of information are claims filed containing statements, reports and
records of investigation, investigators, parties and witnesses, with which I am fully familiar.
That this verification is made by me because my client does not reside within the
county where I maintain my office.
PHILIP D.'LERNER
Sworn to before me this
day of December, 2020
ota Pu
JACQUELINE OBRIEN
Notary Public, State otNew York
No. 010B6288369
Qualified in Orange Coun
Commission Expires September .2021
4 of 4
Preview
FILED: KINGS COUNTY CLERK 01/04/2021 10:08 AM INDEX NO. 522903/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/04/2021 SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF KINGS x NATALIE WALKES-ROBINSON, as Proposed Executor of the Estate of PAULINE WALKES, deceased, VERIFIED ANSWER Plaintiff, - against - Index No. 522903/2020 JOHN DOE 1", M.D., the physician who perforated plaintiffs decedent's esophagus, "JOHN DOE 2", M.D., the physician who performed an esophageal diversion procedure on plaintiffs decedent, and NEW YORK-PRESBYTERIAN BROOKLYN METHODIST HOSPITAL Defendants. x Counselor: Defendant, NEW YORK PRESBYTERIAN/BROOKLYN METHODIST s/h/a "NEW HOSPITAL" YORK-PRESBYTERIAN BROOKLYN METHODIST by its attorneys, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, as and for its Answer to plaintiff's Complaint, respectfully shows to this Court and alleges upon information and belief: THE PARTIES 1. Denies the knowledge or information sufficient to form a belief as to the truth of "1," "3," "4," "5." allegations contained in paragraphs and "6" 2. Denies the allegations contained in paragraph in the form alleged. 3. Denies the knowledge or information sufficient to form a belief as to the truth of "7" "8." allegations contained in paragraphs and "9" 4. Denies the allegations contained in paragraph in the form alleged. "10." 5. Denies the allegations contained in paragraph "11" 6. Denies the allegations contained in paragraph in the form alleged. 1 of 4 FILED: KINGS COUNTY CLERK 01/04/2021 10:08 AM INDEX NO. 522903/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/04/2021 7. Denies the knowledge or information sufficient to form a belief as to the truth of "12" "13." allegations contained in paragraphs and "14" 8. Denies the allegations contained in paragraph in the form alleged. "15." 9. Denies the allegations contained in paragraph "16," "17," "18" "19" 10. Denies the allegations contained in paragraphs and in the form alleged except admits defendant NEW YORK PRESBYTERIAN/BROOKLYN HOSPITAL" METHODIST s/h/a "NEW YORK-PRESBYTERIAN BROOKLYN METHODIST was a fully accredited hospital in the State of New York. THE UNDERLYING FACTS "20," "21," "22," "23," "24," "25," 11. Denies the allegations contained in paragraphs "26" "27" and in the form alleged and respectfully refer to the hospital records for the specifies of the patient's treatment thereat. AS AND FOR THE FIRST CAUSE OF ACTION "28," "29," "30," "31" "32." 12. Denies the allegations contained in paragraphs and AS AND FOR THE SECOND CAUSE OF ACTION "33" 13. In response to paragraph repeats each admission or denial contained in "1" "32" paragraphs through herein as though fully set forth hereat. "34," "36," "37," "38," "39" 14. Denies the allegations contained in paragraphs and "40." AS AND FOR THE THIRD CAUSE OF ACTION "41" 15. In response to paragraph repeats each admission or denial contained in "1" "40" paragraphs through herein as though fully set forth hereat. "42," "43," "44" "45." 16. Denies the allegations contained in paragraphs and -2- 2 of 4 FILED: KINGS COUNTY CLERK 01/04/2021 10:08 AM INDEX NO. 522903/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/04/2021 AS AND FOR THE FIRST AFFIRMATIVE DEFENSE 17. The cause(s) of action set forth in the plaintiff's complaint are barred by CPLR §3012-a in that the plaintiff have failed to serve a Certificate of Merit as required by that provision. AS AND FOR THE SECOND AFFIRMATIVE DEFENSE 18. The answering defendant(s) assert those applicable defenses for which provision is made at Public Health Law §2805-d. AS AND FOR THE THIRD AFFIRMATIVE DEFENSE 19. The cause(s) of action set forth in plaintiff's complaint are barred inasmuch as suit was not instituted within the time period prescribed by all applicable Statute of Limitations. AS AND F_OR THE FOURTH AFFIRMATIVE DEFENSE 20. That the plaintiff has been or will be compensated in whole or in part for the damages claimed in the complaint by a collateral source of payment as set forth in CPLR §4545. WHEREFORE, defendant, NEW YORK PRESBYTERIAN/BROOKLYN METHODIST HOSPITAL" s/h/a "NEW YORK-PRESBYTERIAN BROOKLYN METHODIST demands judgment dismissing the Complaint, together with the costs and disbursements of the within action. Dated: New York, New York December 21, 2020 Yo , etc. BY: Philip D. erner AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant NEW YORK PRESBYTERIAN/BROOKLYN METHODIST s/h/a "NEW YORK- PRESBYTERIAN BROOKLYN METHODIST HOSPITAL" Office & P.O. Address 600 Third Avenue New York, NY 10016 (212) 593-5056 -3- 3 of 4 FILED: KINGS COUNTY CLERK 01/04/2021 10:08 AM INDEX NO. 522903/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/04/2021 Re: NATALIE WALKES-ROBINSON, as Proposed Executor of the Estate of PAULINE WALKES, deceased v. JOHN DOE 1", M D., the physician who perforated plaintiffs decedent's esophagus, "JOHN DOE 2", M.D., the physician who performed an esophageal diversion procedure on plaintiffs and NEW YORK- decedent, PRESBYTERIAN BROOKLYN METHODIST HOSPITAL Supreme Court: Kings County Index No: 522903/2020 Our File No: 120.498 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ss: COUNTY OF NEW YORK ) PHILIP D. LERNER, being duly sworn, deposes and says: That I am a member in the firm of attorneys representing the defendant NEW YORK PRESBYTERIAN/BROOKLYN METHODIST s/h/a "NEW YORK- HOSPITAL" PRESBYTERIAN BROOKLYN METHODIST That I have read the attached Answer and the same is true to my own belief, except as to matters alleged on information and belief, and as to those matters, I believe them to be true to the best of my knowledge. My sources of information are claims filed containing statements, reports and records of investigation, investigators, parties and witnesses, with which I am fully familiar. That this verification is made by me because my client does not reside within the county where I maintain my office. PHILIP D.'LERNER Sworn to before me this day of December, 2020 ota Pu JACQUELINE OBRIEN Notary Public, State otNew York No. 010B6288369 Qualified in Orange Coun Commission Expires September .2021 4 of 4