Preview
FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022
EXHIBIT “E”
FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
____----_______---________------________________-----..--____---_______---Ç
THALIA AGATHOCLEOUS, Index No.: 703721/2018
Plaintiff, EXPERT DISCLOSURE
-against-
795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE,
Defendant.
____---_____________________________--____________________------__________Ç
PLEASE TAKE NOTICE, that Defendant responds to Plaintiff's Demand For Expert
witness disclosure as follows:
Annexed hereto is the report of Michael J. Carciente, M.D., dated April 15, 2018,
concerning his independent neurological examination of Plaintiff. Dr. Carciente's curriculum
vitae is annexed hereto as Exhibit A. Defendant reserves the right to call Michael J. Carciente,
M.D. at the time of trial. Dr. Carciente is expected to testify consistent with his report, annexed
hereto as Exhibit B. His expert opinion is based on his examination, review of records,
experience and education.
Dated: Brooklyn, New York
April 18, 2019
McMAHON, MARTINE & GALLAGHER, LLP
Attorneys for Defendant
795 FIFTH AVENUE CORPORATION d/b/a
THE PIERRE
55 Washington Street, Suite 720
Brooklyn, New York 11201
(212) 747-1230
Our File No.: 553.0215
TO: SEE ATTACHED RIDER
FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022
RIDER
SACCO & FILLAS, LLP
Attorneys for Plaintiff
7*
31-19 Newtown Avenue, Floor
Astoria, New York 11102
File No.: 20173-18
(718) 746-3440
FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022
EXHIBIT A
FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022
MICHAEL J. CARCIENTE, M.D.
Neurology
45* Avenue
202-28
Bayside, New York 11361
April 15, 2019
McM.ahon, Martine & Gallagher, LLP
7th
55 Washington Street, Floor
Suite 720
Brooklyn, NY 11201
Claimant: Thalia Agathocleous
Date of Accident: 01/06/18
File #: 553.0215
Claim #: 0371444321US
Express #: 29-092
The is a narrative report regarding the above captioned claimant who was seen for an
following
independent neurologic evaluation in the Queens office on April 8, 2019.
HISTORY AS GIVEN BY THE CLAIMANT: The claimant is a 56 year-old, right handed
woman who reports being injured on 01/06/18. The claimant states that she tripped and fellin a
hotel lobby. The claimant states that she fell on the right side of her body. There were no
lacerations and she denies losing consciousness. The claimant states that she presented the same
to the Lenox Hill Hospital room because she could not move her whole body. X-
day emergency
rays done at that time, according to the claimant, indicated a right shoulder fracture and
dislocation. She was admitted to the medical center for 6 days. The claimant states that she
underwent right shoulder surgery during her hospitalization.
PRESENT COMPLAINTS: The claimant states that she has pain in the right shoulder and that
she cannot lift up her right arm. The pain radiates down throughout the entire right upper
extremity to the hand. The claimant states that she has numbness in the right hand. She also
complains of pain in the dorsal aspect of the right foot. The claimant said there were no other
symptoms.
TREATMENT: The claimant states that she is currently receiving physical therapy at a
frequency of 3 times per week.
PAST MEDICAL HÈTORY: The claimant denied any significant past medical history. She
states that she takes Ibuprofen and Tylenol. The claimant denied any of the symptoms mentioned
above prior to the reported accident. She denies any subsequent injuries.
WORK HISTORY: The claimant was employed as a florist at the time of the accident. The
claimant states that she is not currently working.
FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022
AGATHOCLEOUS, THALIA
April 15, 2019
Page 2
REVIEW OF RECORDS: The records available for review consisted of:
1, Bill of Particulars.
2. Supplemental Bill of Particulars.
Operative report from Dr. Lazarev dated 01/06/18 in reference to right shoulder surgery.
3.
4. Records from Lenox Hill Hospital from 01/06/18 to 01/09/18.
5. Right right right right humerus, chest x-ray reports, right shoulder
elbow, ribs, shoulder,
CT scan report dated 01/06/18.
6. Right shoulder x-ray report dated 01/07/18.
7. Records from Dr. Tyorkin.
8. Records from Dr. Hanan.
9. Records from Dr. Zhang.
10. NCV/EMO report dated 12/14/17.
11. Records from Comprehensive Healthcare Medical
12. Records from Urban Heights Medical.
NEUROLOGICAL EXAMINATION: The claimant stands 5 feet 5 inches tall and weighs 200
pounds. She gets on and off the examination table with.out difficulty and she did not use any
ortbotic devices.
Mental Status: The claimant is alert and oriented. The questions were understood clearly and
the answers were coherent. The claimant's affect was appropriate. Speech is fluent and
spontaneous.
Cranial Nerves: The extraocular muscles were intact in all directions without nystagmus. There
is no evidence of facial asymmetry. The tongue protruded in the midline, without atrophy or
fasciculations. The pupils were equally round and reactive to light.
M.otor Exam: There was no atrophy and there were no fasciculations throughout the upper and
lower extremities. Measurements of the upper arms demonstrated a circumference of 43.0 cm on
the right and 43.0 cm on the left.Measurements of the forearms demonstrated a circumference of
27.8 cm on the right and 27.8 cm on the left.Measurements of the calves demonstrated a
circumference of 40.2 cm on the right and 40.8 cm on the left There was no pronator drift.Hand
grip was strong bilaterally. The deep tendon reflexes were 1+ and symmetric in the biceps,
triceps, brachioradialis, patellar, medial hamstrings and Achilles tendons. The plantar responses
were flexor bilaterally. There was no spasticity, ankle clonus or a Hoffmann sign and the motor
strength was 5/5 in all proximal and distal major muscle groups of the upper and lower
extremities. A surgical scar is noted in the right upper arm proximally.
Sensory Exam: The claimant reported normal sensation to pinprick, cold temperature and
vibration in the upper and lower extremities. There were no sensory changes in the thoracic
dermatomes.
Cerebellar Exam: There was no finger to nose dysmetria.
FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022
AGATHOCLEOUS, TUALIA
April 15, 2019
Page 3
Gait: The claimant walks and without difficulty. The claimant was able to stand and
normally
walk on heels and toes.
Cervical Spine: There was no tendemess. There was no evidence of paraspinal spasm. There
was no scapular winging.
Thoracic/Lumbar Spine: There was no tenderness. There was no evidence of paraspinal spasm
and the straight leg maneuver was negative.
IMPRESSIONS: The claimant has a normal neurological examination. There were
completely
no objective neurological findings. Specifically, there was no myotomal weakness, dermatomal
sensory deficits, asymmetric reflexes, or atrophy supporting the presence of a spine
radiculopathy. Today's neurological examination does not support the presence of an ongoing
neurological injury, disability or permanency.
The foregoing conclusions are based on the information available at the time of this examination.
I would be glad to review any additional information should any other medical records become
available.
I, Michael Carciente, being a physician duly licensed to practice medicine in the State of New
York, pursuant to CPLR Section 2106, hereby affirm under the penalties of perjury that the
statements contained b.erein are true and accurate. I affirm under the penalties of perjury that the
information contained within this document was prepared and is the work product of the
undersigned, and is true to the best of my knowledge and information. All the opinions rendered
above are with a reasonable degree of medical certainty.
The claimant was examined according to the restricted rules concerning an independent medical
examination. It is, therefore, understood that no doctor/patient relationship exists or is implied
by this examination. The claimant was examined with reference to the specific complaint
emanating from the original injury. Any other medical conditions, which were either unreported
or felt to be unrelated to the original injury, are considered to be beyond this examination.
Sincerely,
Mic 1 J. lente, M.D.
(this is n an lectronic signature)
License #187 28 (New York State)
Diplomate, erican Board of
Psychiatry and eurology (Neurology)
MJC/jj
FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022
EXHIBIT B
FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022
MICHAEL J. CARCIENTE, M.D.
Board Certified Neurologist
CURRENT POSITION: Private Practice in New York City
HOSPlTAL Attending Physician and Electromyographer,
A FFl LIATION: Maimonides Medical Center (1999-present)
St. Clare's Hospital (1996-2007)
LICENSURES & Licensed in New York State, October 1991
CERT1 FlCATION Certified in Neurology, American Board of
and Neurology, May 1997
Psychiatry
FELLOWSHIP: EMG and Neuromuscular Disease
Mt. Sinai Medical Center
July 1995-June 1996
RESIDENCIES: Neurology
New York University- Bellevue Hospital
July 1992-June 1995
Internal Medicine
Staten Island University Hospital
June I990-July 1992
EDUCATION: Doctor of Medicine, May 1990
Tel Aviv University
A FFILIATIONS: American Academy of Neurology
FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS Index No.: 703721/2018
THALIA AGATHOCLEOUS,
Plaintiff,
-against-
795 FIFTH AVENUE CORPORATION d/b/aTHE PIERRE,
Defendant.
EXPERT DISCLOSURE
McMAHON, MARTINE & GALLAGHER, LLP
AT2DRNEYS FOR DEEEMDANT 795 FIFTH AVENUE CORPORATION d/bfa TE1E PIERRE
55 WASHINGTON STREET, SUITE 720
BROOKLYN, N.Y. 11201
(212) 747-1230
AIIDocuments Contained Herein CertifiedPursuant to Rule 130 By:
NICHOLAS DEMATTE-WINSTON
STATE OF NEW YORK, COUNTY OF KINGS ss: ) mm thanone hed - Micateanernames
tp ofsese useD
I, Giseel Rodriguez, being sworn, say: I am not a party tothe action, am over 18 years ofage and reside at
55 Washington Street, Brooklyn, NY On April N_ 2019 I served the within
EXPERT DISCLOSURE
X by depositing a true copy thereof enclosed in a post-paid wrapper in an official Mail depository
under the exclusive care and custody of the U.S. Postal Service within New York State, addressed
to each of the following persons at the last known address set forth after each name: SEE
ATTACHED RIDER
__ by transmitting the papers by electronic means through the New York State E-File System. I
received an email from the New York State E-File System indicating that the transmission was
received and delivered to allcounsel in theaction.
Sworn to me on:
The D day of April, 2019.
GISEEL RODRIGUEZ
Preview
FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022 EXHIBIT “E” FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ____----_______---________------________________-----..--____---_______---Ç THALIA AGATHOCLEOUS, Index No.: 703721/2018 Plaintiff, EXPERT DISCLOSURE -against- 795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE, Defendant. ____---_____________________________--____________________------__________Ç PLEASE TAKE NOTICE, that Defendant responds to Plaintiff's Demand For Expert witness disclosure as follows: Annexed hereto is the report of Michael J. Carciente, M.D., dated April 15, 2018, concerning his independent neurological examination of Plaintiff. Dr. Carciente's curriculum vitae is annexed hereto as Exhibit A. Defendant reserves the right to call Michael J. Carciente, M.D. at the time of trial. Dr. Carciente is expected to testify consistent with his report, annexed hereto as Exhibit B. His expert opinion is based on his examination, review of records, experience and education. Dated: Brooklyn, New York April 18, 2019 McMAHON, MARTINE & GALLAGHER, LLP Attorneys for Defendant 795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE 55 Washington Street, Suite 720 Brooklyn, New York 11201 (212) 747-1230 Our File No.: 553.0215 TO: SEE ATTACHED RIDER FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022 RIDER SACCO & FILLAS, LLP Attorneys for Plaintiff 7* 31-19 Newtown Avenue, Floor Astoria, New York 11102 File No.: 20173-18 (718) 746-3440 FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022 EXHIBIT A FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022 MICHAEL J. CARCIENTE, M.D. Neurology 45* Avenue 202-28 Bayside, New York 11361 April 15, 2019 McM.ahon, Martine & Gallagher, LLP 7th 55 Washington Street, Floor Suite 720 Brooklyn, NY 11201 Claimant: Thalia Agathocleous Date of Accident: 01/06/18 File #: 553.0215 Claim #: 0371444321US Express #: 29-092 The is a narrative report regarding the above captioned claimant who was seen for an following independent neurologic evaluation in the Queens office on April 8, 2019. HISTORY AS GIVEN BY THE CLAIMANT: The claimant is a 56 year-old, right handed woman who reports being injured on 01/06/18. The claimant states that she tripped and fellin a hotel lobby. The claimant states that she fell on the right side of her body. There were no lacerations and she denies losing consciousness. The claimant states that she presented the same to the Lenox Hill Hospital room because she could not move her whole body. X- day emergency rays done at that time, according to the claimant, indicated a right shoulder fracture and dislocation. She was admitted to the medical center for 6 days. The claimant states that she underwent right shoulder surgery during her hospitalization. PRESENT COMPLAINTS: The claimant states that she has pain in the right shoulder and that she cannot lift up her right arm. The pain radiates down throughout the entire right upper extremity to the hand. The claimant states that she has numbness in the right hand. She also complains of pain in the dorsal aspect of the right foot. The claimant said there were no other symptoms. TREATMENT: The claimant states that she is currently receiving physical therapy at a frequency of 3 times per week. PAST MEDICAL HÈTORY: The claimant denied any significant past medical history. She states that she takes Ibuprofen and Tylenol. The claimant denied any of the symptoms mentioned above prior to the reported accident. She denies any subsequent injuries. WORK HISTORY: The claimant was employed as a florist at the time of the accident. The claimant states that she is not currently working. FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022 AGATHOCLEOUS, THALIA April 15, 2019 Page 2 REVIEW OF RECORDS: The records available for review consisted of: 1, Bill of Particulars. 2. Supplemental Bill of Particulars. Operative report from Dr. Lazarev dated 01/06/18 in reference to right shoulder surgery. 3. 4. Records from Lenox Hill Hospital from 01/06/18 to 01/09/18. 5. Right right right right humerus, chest x-ray reports, right shoulder elbow, ribs, shoulder, CT scan report dated 01/06/18. 6. Right shoulder x-ray report dated 01/07/18. 7. Records from Dr. Tyorkin. 8. Records from Dr. Hanan. 9. Records from Dr. Zhang. 10. NCV/EMO report dated 12/14/17. 11. Records from Comprehensive Healthcare Medical 12. Records from Urban Heights Medical. NEUROLOGICAL EXAMINATION: The claimant stands 5 feet 5 inches tall and weighs 200 pounds. She gets on and off the examination table with.out difficulty and she did not use any ortbotic devices. Mental Status: The claimant is alert and oriented. The questions were understood clearly and the answers were coherent. The claimant's affect was appropriate. Speech is fluent and spontaneous. Cranial Nerves: The extraocular muscles were intact in all directions without nystagmus. There is no evidence of facial asymmetry. The tongue protruded in the midline, without atrophy or fasciculations. The pupils were equally round and reactive to light. M.otor Exam: There was no atrophy and there were no fasciculations throughout the upper and lower extremities. Measurements of the upper arms demonstrated a circumference of 43.0 cm on the right and 43.0 cm on the left.Measurements of the forearms demonstrated a circumference of 27.8 cm on the right and 27.8 cm on the left.Measurements of the calves demonstrated a circumference of 40.2 cm on the right and 40.8 cm on the left There was no pronator drift.Hand grip was strong bilaterally. The deep tendon reflexes were 1+ and symmetric in the biceps, triceps, brachioradialis, patellar, medial hamstrings and Achilles tendons. The plantar responses were flexor bilaterally. There was no spasticity, ankle clonus or a Hoffmann sign and the motor strength was 5/5 in all proximal and distal major muscle groups of the upper and lower extremities. A surgical scar is noted in the right upper arm proximally. Sensory Exam: The claimant reported normal sensation to pinprick, cold temperature and vibration in the upper and lower extremities. There were no sensory changes in the thoracic dermatomes. Cerebellar Exam: There was no finger to nose dysmetria. FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022 AGATHOCLEOUS, TUALIA April 15, 2019 Page 3 Gait: The claimant walks and without difficulty. The claimant was able to stand and normally walk on heels and toes. Cervical Spine: There was no tendemess. There was no evidence of paraspinal spasm. There was no scapular winging. Thoracic/Lumbar Spine: There was no tenderness. There was no evidence of paraspinal spasm and the straight leg maneuver was negative. IMPRESSIONS: The claimant has a normal neurological examination. There were completely no objective neurological findings. Specifically, there was no myotomal weakness, dermatomal sensory deficits, asymmetric reflexes, or atrophy supporting the presence of a spine radiculopathy. Today's neurological examination does not support the presence of an ongoing neurological injury, disability or permanency. The foregoing conclusions are based on the information available at the time of this examination. I would be glad to review any additional information should any other medical records become available. I, Michael Carciente, being a physician duly licensed to practice medicine in the State of New York, pursuant to CPLR Section 2106, hereby affirm under the penalties of perjury that the statements contained b.erein are true and accurate. I affirm under the penalties of perjury that the information contained within this document was prepared and is the work product of the undersigned, and is true to the best of my knowledge and information. All the opinions rendered above are with a reasonable degree of medical certainty. The claimant was examined according to the restricted rules concerning an independent medical examination. It is, therefore, understood that no doctor/patient relationship exists or is implied by this examination. The claimant was examined with reference to the specific complaint emanating from the original injury. Any other medical conditions, which were either unreported or felt to be unrelated to the original injury, are considered to be beyond this examination. Sincerely, Mic 1 J. lente, M.D. (this is n an lectronic signature) License #187 28 (New York State) Diplomate, erican Board of Psychiatry and eurology (Neurology) MJC/jj FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022 EXHIBIT B FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022 MICHAEL J. CARCIENTE, M.D. Board Certified Neurologist CURRENT POSITION: Private Practice in New York City HOSPlTAL Attending Physician and Electromyographer, A FFl LIATION: Maimonides Medical Center (1999-present) St. Clare's Hospital (1996-2007) LICENSURES & Licensed in New York State, October 1991 CERT1 FlCATION Certified in Neurology, American Board of and Neurology, May 1997 Psychiatry FELLOWSHIP: EMG and Neuromuscular Disease Mt. Sinai Medical Center July 1995-June 1996 RESIDENCIES: Neurology New York University- Bellevue Hospital July 1992-June 1995 Internal Medicine Staten Island University Hospital June I990-July 1992 EDUCATION: Doctor of Medicine, May 1990 Tel Aviv University A FFILIATIONS: American Academy of Neurology FILED: QUEENS COUNTY CLERK 11/22/2022 04:07 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 11/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Index No.: 703721/2018 THALIA AGATHOCLEOUS, Plaintiff, -against- 795 FIFTH AVENUE CORPORATION d/b/aTHE PIERRE, Defendant. EXPERT DISCLOSURE McMAHON, MARTINE & GALLAGHER, LLP AT2DRNEYS FOR DEEEMDANT 795 FIFTH AVENUE CORPORATION d/bfa TE1E PIERRE 55 WASHINGTON STREET, SUITE 720 BROOKLYN, N.Y. 11201 (212) 747-1230 AIIDocuments Contained Herein CertifiedPursuant to Rule 130 By: NICHOLAS DEMATTE-WINSTON STATE OF NEW YORK, COUNTY OF KINGS ss: ) mm thanone hed - Micateanernames tp ofsese useD I, Giseel Rodriguez, being sworn, say: I am not a party tothe action, am over 18 years ofage and reside at 55 Washington Street, Brooklyn, NY On April N_ 2019 I served the within EXPERT DISCLOSURE X by depositing a true copy thereof enclosed in a post-paid wrapper in an official Mail depository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: SEE ATTACHED RIDER __ by transmitting the papers by electronic means through the New York State E-File System. I received an email from the New York State E-File System indicating that the transmission was received and delivered to allcounsel in theaction. Sworn to me on: The D day of April, 2019. GISEEL RODRIGUEZ