Preview
FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/10/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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xxxxxx xxxxxxxx on behalf ofM
an Infant under the age of 18, and
xxxxxx xxxxxxxx, Individually, Index No. 026910/2012
Plaintiffs,
-against-
VERIFIED ANSWER
RONALD J. TADEO, M.D., RICHARD PITCH, M.D.,
SCOTT BERLIN, M.D., SHORE PSYCHIATRIC
CENTER, FAMILY PSYCHOLOGY OF LONG
ISLAND, BERLIN OBGYN ASSOCIATES, JANSSEN
INC. k/n/a ORTHO-MCNEll-
PHARMACEUTICALS,
JANSSEN PHARMACEUTICALS, INC. and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
------------------------------------------------X
Defendant, FAMILY PSYCHOLOGY OF LONG ISLAND, P.C., s/h/a FAMILY
PSYCHOLOGY OF LONG ISLAND, by its attorneys, KAUFMAN BORGEEST & RYAN LLP, as
and for itsVerified Answer to Plaintiff'sVerified Complaint states and alleges upon information and
belief:
1. Denies knowledge or information sufficient to form a belief as to each and every
"1" "2"
allegation contained in the paragraphs designated as and of the Verified Complaint.
2. Denies knowledge or information sufficient to form a belief as to each and every
allegation contained in the paragraphs designated as "3", "4", "5", "6", "7", "8", "9", "10",
"11","12", "21", "22", "23", "24", "25", "26", "27", "28", "29", "30", "31", "32", "33", "34", "35", "36",
"37", "38", "39", "40", "41", "42", "43", "44", "45", "46", "47", "48", "49", "50", "51", "52", "53", "54",
"55", "56", "57", "58", "59", "60", "61", "62", "63", "64", "65", "66", "67", "68", "69", "70", "71", "72",
"79" "80"
"77", "78", and of the Verified Complaint and begs leave to refer all questions of fact to
the trier of fact and allq.uestions of law to the Court.
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3. Denies each and every allegation contained in the paragraphs designated as
"75" "76"
"13", "14", "16", "17", "19", "20", "73", "74", and of the Verified Complaint.
4. Denies in the form alleged each and every allegation contained in the paragraph
"15"
designated as of the Verified Complaint, except to admit that Defendant, FAMILY
PSYCHOLOGY OF LONG ISLAND, P.C., s/h/a FAMILY PSYCHOLOGY OF LONG ISLAND,
is a domestic professional corporation with a business address at 1563 Montauk Highway,
Oakdale, New York 11769, and begs leave to refer allquestions of fact to the trier of fact and all
questions of law to the Court.
"18"
5. Admits each and every allegation contained in the paragraph designated as
of the Verified Complaint.
AS AND FOR AN ANSWER TO A FIRST CAUSE OF ACTION
6. With respect to that paragraph of the Verified Complaint designated as "81",
defendant repeats, reiterates and realleges each and every admission, denial, and denial of
"1"
truth of each and every allegation contained in those paragraphs designated as through "80",
with the same force and effect as ifset forth fully herein.
7. Denies knowledge or information sufficient to form a belief as to each and every
allegation contained in the paragraphs designated as "82", "83", "84", "85", "86", "87", "88", "89",
"90", "91", "92", "93", "94", "95", "96", "97", "98", "99", "100", "101","102", "103", "104", "105",
"123"
"106", "111", "112", "113", "114", "115", "116", "117", "118", "119", "120", "121", "122", and
"124"
of the Verified Complaint and begs leave to refer allquestions of fact to the trier of factand
allquestions of law to the Court.
8. Denies each and every allegation contained in the paragraphs designated as
"132" "133"
"107", "108", "109", "110", "125", "126", "127", "128", "128", "129", "130", "131", and
of the Verified Complaint.
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AS AND FOR AN ANSWER TO A SECOND CAUSE OF ACTION
9. With respect to that paragraph of the Verified Complaint designated as "134",
defendant repeats, reiterates and realleges each and every admission, denial, and denial of
"1"
truth of each and every allegation contained in those paragraphs designated as through
"133", with the same force and effect as ifset forth fully herein.
10. Denies each and every allegation contained in the paragraphs designated as "135",
"141" "142"
"136", "137", "138", "139", "140", and of the Verified Complaint.
AS AND FOR AN ANSWER TO A THIRD CAUSE OF ACTION
11. With respect to that paragraph of the Verified Complaint designated as "143",
defendant repeats, reiterates and realleges each and every admission, denial, and denial of truth of
"1"
each and every allegation contained in those paragraphs designated as through "142", with the
same force and effect as ifset forth fully herein.
12. Denies each and every allegation contained in the paragraphs designated as "144",
"151" "152"
"145", "146", "147", "148", "149", "150", and of the Verified Complaint.
AS AND FOR AN ANSWER TO A FOURTH CAUSE OF ACTION
13. With respect to that paragraph of the Verified Complaint designated as "153",
defendant repeats, reiterates and realleges each and every admission, denial, and denial of
"1"
truth of each and every allegation contained in those paragraphs designated as through
"152", with the same force and effect as ifset forth fully herein.
14. Denies knowledge or information sufficient to form a belief as to each and every
allegation contained in the paragraphs designated as "154", "155", "156", "157", "158", "159", "160",
"167" "168"
"161", "162", "163", "164", "165", "166", and of the Verified Complaint and begs leave to
refer all questions of fact to the trier of fact and allquestions of law to the Court.
AS AND FOR AN ANSWER TO A FIFTH CAUSE OF ACTION
15. With respect to that paragraph of the Verified Complaint designated as "169",
defendant repeats, reiterates and realleges each and every admission, denial, and denial of truth of
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"1"
each and every allegation contained in those paragraphs designated as through "168", with the
same force and effect as ifset forth fully herein.
16. Denies knowledge or information sufficient to form a belief as to each and every
"175"
allegation contained in the paragraphs designated as "170", "171", "172", "173", "174", and
"176"
of the Verified Complaint and begs leave to refer allquestions of fact to the trier of fact and all
questions of law to the Court.
"177"
17. Denies each and every allegation contained in the paragraphs designated as
"178"
and of the Verified Complaint.
AS AND FOR AN ANSWER TO A SIXTH CAUSE OF ACTION
18. With respect to that paragraph of the Verified Complaint designated as "179",
defendant repeats, reiterates and realleges each and every admission, denial, and denial of truth of
"1"
each and every allegation contained in those paragraphs designated as through "178", with the
same force and effect as ifset forth fully herein.
19. Denies knowledge or information sufficient to form a belief as to each and every
"181" "182"
allegation contained in the paragraphs desigñated as "180", and of the Verified
Complaint and begs leave to refer allquestions of fact to the trier of fact and allquestions of law to
the Court.
"183"
20. Denies each and every allegation contained in the paragraph designated as
of the Verified Complaint.
AS AND FOR AN ANSWER TO A SEVENTH CAUSE OF ACTION
21. With respect to that paragraph of the Verified Complaint designated as "184",
defendant repeats, reiterates and realleges each and every admission, denial, and denial of truth of
"1"
each and every a!!egation contained in those paragraphs designated as through "183", with the
same force and effect as ifset forth fully herein.
22. Denies knowledge or information sufficient to form a belief as to each and every
allegation contained in the paragraphs designated as "185", "186", "187", "188", "189", "190", "191",
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"195" "196"
"192", "193", "194", and of the Verified Complaint and begs leave to refer allquestions
of fact to the trier of fact and allquestions of law to the Court.
"197"
23. Denies each and every a!!egation contained in the paragraph designated as
of the Verified Complaint.
AS AND FOR AN ANSWER TO AN EIGHTH CAUSE OF ACTION
24. With respect to that paragraph of the Verified Complaint designated as "198",
defendant repeats, reiterates and realleges each and every admission, denial, and denial of truth of
"1"
each and every allegation contained in those paragraphs designated as through "197", with the
same force and effect as ifset forth fully herein.
25. Denies knowledge or information sufficient to form a belief as to each and every
"203" "204"
allegation contained in the paragraphs designated as "199", "200", "201", "202", and of
the Verified Complaint and begs leave to refer all questions of fact to the trier of fact and all
questions of law to the Court.
"205"
26. Denies each and every a!!egation contained in the paragraph designated as
of the Verified Complaint.
AS AND FOR AN ANSWER TO A NINTH CAUSE OF ACTION
27. With respect to that paragraph of the Verified Complaint desigriated as "206",
defendant repeats, reiterates and realleges each and every admission, denial, and denial of truth of
"1"
each and every allegation contained in those paragraphs designated as through "205", with the
same force and effect as ifset forth fullyherein.
28. Denies knowledge or information sufficient to form a belief as to each and every
"211" "212"
allegation contained in the paragraphs designated as "207", "208", "209", "210", and of
the Verified Complaint and begs leave to refer all questions of fact to the trier of fact and all
questions of law to the Court.
"213"
29. Denies each and every allegation contained in the paragraph designated as
of the Verified Complaint.
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AS AND FOR AN ANSWER TO A TENTH CAUSE OF ACTION
30. With respect to that paragraph of the Verified Complaint designated as "214",
defendant repeats, reiterates and realleges each and every admission, denial, and denial of truth of
"1"
each and every allegation contained in those paragraphs designated as through "213", with the
same force and effect as ifset forth fully herein.
31. Denies knowledge or information sufficient to form a belief as to each and every
"220"
allegation contained in the paragraphs designated as "215", "216", "217", "218", "219", and
"221"
of the Verified Complaint and begs leave to refer allquestions of fact to the trierof fact and all
questions of law to the Court.
"222"
32. Denies each and every allegation contained in the paragraph designated as
of the Verified Complaint.
AS AND FOR AN ANSWER TO AN ELEVENTH CAUSE OF ACTION
33. With respect to that paragraph of the Verified Complaint designated as "223",
defendant repeats, reiterates and realleges each and every admission, denial, and denial of truth of
"1"
each and every allegation contained in those paragraphs designated as through "222", with the
same force and effect as ifset forth fully herein.
34. Denies knowledge or information sufficient to form a belief as to each and every
"224"
allegation contained in the paragraph designated as of the Verified Complaint and begs leave
to refer allquestions of fact to the trierof fact and allquestions of law to the Court.
"225"
35. Denies each and every allegation contained in the paragraphs designated as
"226"
and of the Verified Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
36. The Complaint is time barred inasmuch as the suit was not instituted within the
applicable statute of limitations.
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AS AND FOR A SECOND AFFIRMATIVE DEFENSE
37. Upon information and belief, that injuries and damages alleged were caused by the
culpable conduct of some third person or persons over whom answering defendant neither had nor
exercised control.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
38. Defendant asserts all rights pursuant to CPLR §1600 et seq. In the event
answering defendant is found liable at all, any liabilityof the answering defendant is less than fifty
percent of the total liabilityto all persons liable.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
39. Upon information and belief, plaintiff's economic loss, ifany, as specified in §4545
of the CPLR, was or will be replaced or indemnified, in whole or in part, from collateral sources,
and the answering defendant is entitled to have the Court consider the same in determining such
special damages as provided in §4545 of the CPLR.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
40. That the Complaint fails to state a cause or causes of action upon which relief can
be granted against the defendant.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
41. The Plaintiff lacks the legal capacity to commence this action.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
42. Upon information and belief, that whatever damages the plaintiff may have
sustained at the time and place mentioned in the Verified Complaint were caused in whole or in
part by the culpable conduct of the said plaintiff. The amount of daniages recovered, ifany, shall
therefore be dirñinished in the proportion to which said culpable conduct is attributable.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
43. Defendant invokes the protection of Public Health Law §2805(d)(4) with respect to
the alleged cause of action for informed consent, and reserves allrights pursuant thereto.
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WHEREFORE, Defendant, FAMILY PSYCHOLOGY OF LONG ISLAND, P.C., s/h/a
FAMILY PSYCHOLOGY OF LONG ISLAND, demands judgment dismissing the Verified
Complaint herein, together with the costs and disbursements of this action.
Dated: Garden City, New York
October 18, 2012
To the best of my knowledge, information and belief, formed after an inquiry reascñable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Yours, etc.
KAUFMAN BORGEEST & RYAN LLP
-
By: Keith L. Kaplan, Esq.
Attorneys for Defendant
FAMILY PSYCHOLOGY OF LONG ISLAND,
P.C., s/h/a FAMILY PSYCHOLOGY
OF LONG ISLAND
1205 Franklin Avenue, Suite 200
Garden City, New York 11530
(516) 248-6000
(516) 248-0677 (fax)
TO: NAPOLI BERN RIPKA SHKOLNIK, LLP
Attorneys for Plaintiff
5* Avenue-
350 Suite 7413
New York, New York 10118
Attn: xxxxxx Napoli, Esq.
(212) 267-3700
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VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
KEITH L. KAPLAN, ESQ., being duly sworn, states that he is a member of the firm of
KAUFMAN, BORGEEST & RYAN LLP attorneys for the defendant, FAMILY PSYCHOLOGY OF
LONG ISLAND, P.C., slhla FAMILY PSYCHOLOGY OF LONG ISLAND, in this action and that
the foregoing VERIFIED ANSWER is true to his knowledge, except as to those matters therein
stated upon information and belief, and as to those matters he believes them to be true; that the
grounds of his belief as to all matters not stated upon his knowledge are correspondence and
other writings furnished by the defendant and other documentations maintained in the office of its
attorneys; and that the reason why this verification is not made by defendant is that the defendant
is located in a county other than the county where its attorneys have their office.
Dated: Garden City, New York
October 18, 2012
KEITH L. KAPLAN, ESQ.
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AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK )
)ss.:
COUNTY OF NASSAU )
Debra L. Ford, being duly sworn, deposes and says:
That deponent is not a party to this action, is over 18 years of age and resides in Nassau
County, New York.
That on the day of October , 2012, deponent served the within
VERIFIED ANSWER
upon:
NAPOLI BERN RIPKA SHKOLNIK, LLP
Attorneys for Plaintiff
5* Avenue-
350 Suite 7413
New York, New York 10118
Attn: xxxxxx Napoli, Esq.
(212) 267-3700
The attorneys for the respective parties in this action at the above addresses designated
by said attorneys for that purpose by depositing a true copy of same enclosed in a properly
addressed envelope, in a post office official deposito unde the exclusive e and ustody of
the United States Postal Service within the State of ew Yo .
Debra L. Ford
rn to before me this
day of October, 2012.
Notary Public
AUSON GRIGO
NOTARY PUBUC, State of New York
No. 01GR5066048
C Expire t.23
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NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/10/2019
PREIQ E COURT GE THE TE F NEW YGISK
-
a
COUNTY'OF'SOFF.QCK:.
xxxxxx xxxxxxxx on behalf of
-
an Infant under the age of 18 and
xxxxxx xxxxxxxx, Individually,
-against-
RONALD J TADEO, M D., RICHARD PITCH, M D ,
SCOTT BERLIN, M D ,,SHORÈ'PSYCHIATRIC
CENTER, FAMILY P8YCHOLOGY OF LONG
.lSLAND, BERLIN OBGYN ASSOCIATES, JANSSEN
PHARMACEUTICALS, INC k/n/a ORTHO-MCNEll-
,_JANSSEN PHARMACEIJTICALS, INC and ZYDUS
'
PHARMACEUTICALS USA, INC.,
DefendanLn
I.
. VERIFIED
. ANSWER. . . - ... . ..
KAUFMAN BORGEEST & RYAN LLP
ATTORNEYS AT LAW
2"d
1205 FRANKLIN AVENUE, FLOOR
GARDEN CITY, NEW YORK 11530
-
. . (516) 2484000
. ATTORNEYS FOR DEFENDANT:
FAMILY PSYCHOLOGY OF·LONG ISLAND, P.C.,
s/h/a FAMILY PSYCHOLOGY OF LONG.ISLAND
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FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----------------------------------------------------------------X xxxxxx xxxxxxxx on behalf ofM an Infant under the age of 18, and xxxxxx xxxxxxxx, Individually, Index No. 026910/2012 Plaintiffs, -against- VERIFIED ANSWER RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, JANSSEN INC. k/n/a ORTHO-MCNEll- PHARMACEUTICALS, JANSSEN PHARMACEUTICALS, INC. and ZYDUS PHARMACEUTICALS USA, INC., Defendants. ------------------------------------------------X Defendant, FAMILY PSYCHOLOGY OF LONG ISLAND, P.C., s/h/a FAMILY PSYCHOLOGY OF LONG ISLAND, by its attorneys, KAUFMAN BORGEEST & RYAN LLP, as and for itsVerified Answer to Plaintiff'sVerified Complaint states and alleges upon information and belief: 1. Denies knowledge or information sufficient to form a belief as to each and every "1" "2" allegation contained in the paragraphs designated as and of the Verified Complaint. 2. Denies knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs designated as "3", "4", "5", "6", "7", "8", "9", "10", "11","12", "21", "22", "23", "24", "25", "26", "27", "28", "29", "30", "31", "32", "33", "34", "35", "36", "37", "38", "39", "40", "41", "42", "43", "44", "45", "46", "47", "48", "49", "50", "51", "52", "53", "54", "55", "56", "57", "58", "59", "60", "61", "62", "63", "64", "65", "66", "67", "68", "69", "70", "71", "72", "79" "80" "77", "78", and of the Verified Complaint and begs leave to refer all questions of fact to the trier of fact and allq.uestions of law to the Court. 2020863 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/10/2019 3. Denies each and every allegation contained in the paragraphs designated as "75" "76" "13", "14", "16", "17", "19", "20", "73", "74", and of the Verified Complaint. 4. Denies in the form alleged each and every allegation contained in the paragraph "15" designated as of the Verified Complaint, except to admit that Defendant, FAMILY PSYCHOLOGY OF LONG ISLAND, P.C., s/h/a FAMILY PSYCHOLOGY OF LONG ISLAND, is a domestic professional corporation with a business address at 1563 Montauk Highway, Oakdale, New York 11769, and begs leave to refer allquestions of fact to the trier of fact and all questions of law to the Court. "18" 5. Admits each and every allegation contained in the paragraph designated as of the Verified Complaint. AS AND FOR AN ANSWER TO A FIRST CAUSE OF ACTION 6. With respect to that paragraph of the Verified Complaint designated as "81", defendant repeats, reiterates and realleges each and every admission, denial, and denial of "1" truth of each and every allegation contained in those paragraphs designated as through "80", with the same force and effect as ifset forth fully herein. 7. Denies knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs designated as "82", "83", "84", "85", "86", "87", "88", "89", "90", "91", "92", "93", "94", "95", "96", "97", "98", "99", "100", "101","102", "103", "104", "105", "123" "106", "111", "112", "113", "114", "115", "116", "117", "118", "119", "120", "121", "122", and "124" of the Verified Complaint and begs leave to refer allquestions of fact to the trier of factand allquestions of law to the Court. 8. Denies each and every allegation contained in the paragraphs designated as "132" "133" "107", "108", "109", "110", "125", "126", "127", "128", "128", "129", "130", "131", and of the Verified Complaint. 2020863 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/10/2019 AS AND FOR AN ANSWER TO A SECOND CAUSE OF ACTION 9. With respect to that paragraph of the Verified Complaint designated as "134", defendant repeats, reiterates and realleges each and every admission, denial, and denial of "1" truth of each and every allegation contained in those paragraphs designated as through "133", with the same force and effect as ifset forth fully herein. 10. Denies each and every allegation contained in the paragraphs designated as "135", "141" "142" "136", "137", "138", "139", "140", and of the Verified Complaint. AS AND FOR AN ANSWER TO A THIRD CAUSE OF ACTION 11. With respect to that paragraph of the Verified Complaint designated as "143", defendant repeats, reiterates and realleges each and every admission, denial, and denial of truth of "1" each and every allegation contained in those paragraphs designated as through "142", with the same force and effect as ifset forth fully herein. 12. Denies each and every allegation contained in the paragraphs designated as "144", "151" "152" "145", "146", "147", "148", "149", "150", and of the Verified Complaint. AS AND FOR AN ANSWER TO A FOURTH CAUSE OF ACTION 13. With respect to that paragraph of the Verified Complaint designated as "153", defendant repeats, reiterates and realleges each and every admission, denial, and denial of "1" truth of each and every allegation contained in those paragraphs designated as through "152", with the same force and effect as ifset forth fully herein. 14. Denies knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs designated as "154", "155", "156", "157", "158", "159", "160", "167" "168" "161", "162", "163", "164", "165", "166", and of the Verified Complaint and begs leave to refer all questions of fact to the trier of fact and allquestions of law to the Court. AS AND FOR AN ANSWER TO A FIFTH CAUSE OF ACTION 15. With respect to that paragraph of the Verified Complaint designated as "169", defendant repeats, reiterates and realleges each and every admission, denial, and denial of truth of 2020863 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/10/2019 "1" each and every allegation contained in those paragraphs designated as through "168", with the same force and effect as ifset forth fully herein. 16. Denies knowledge or information sufficient to form a belief as to each and every "175" allegation contained in the paragraphs designated as "170", "171", "172", "173", "174", and "176" of the Verified Complaint and begs leave to refer allquestions of fact to the trier of fact and all questions of law to the Court. "177" 17. Denies each and every allegation contained in the paragraphs designated as "178" and of the Verified Complaint. AS AND FOR AN ANSWER TO A SIXTH CAUSE OF ACTION 18. With respect to that paragraph of the Verified Complaint designated as "179", defendant repeats, reiterates and realleges each and every admission, denial, and denial of truth of "1" each and every allegation contained in those paragraphs designated as through "178", with the same force and effect as ifset forth fully herein. 19. Denies knowledge or information sufficient to form a belief as to each and every "181" "182" allegation contained in the paragraphs desigñated as "180", and of the Verified Complaint and begs leave to refer allquestions of fact to the trier of fact and allquestions of law to the Court. "183" 20. Denies each and every allegation contained in the paragraph designated as of the Verified Complaint. AS AND FOR AN ANSWER TO A SEVENTH CAUSE OF ACTION 21. With respect to that paragraph of the Verified Complaint designated as "184", defendant repeats, reiterates and realleges each and every admission, denial, and denial of truth of "1" each and every a!!egation contained in those paragraphs designated as through "183", with the same force and effect as ifset forth fully herein. 22. Denies knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs designated as "185", "186", "187", "188", "189", "190", "191", 2020863 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/10/2019 "195" "196" "192", "193", "194", and of the Verified Complaint and begs leave to refer allquestions of fact to the trier of fact and allquestions of law to the Court. "197" 23. Denies each and every a!!egation contained in the paragraph designated as of the Verified Complaint. AS AND FOR AN ANSWER TO AN EIGHTH CAUSE OF ACTION 24. With respect to that paragraph of the Verified Complaint designated as "198", defendant repeats, reiterates and realleges each and every admission, denial, and denial of truth of "1" each and every allegation contained in those paragraphs designated as through "197", with the same force and effect as ifset forth fully herein. 25. Denies knowledge or information sufficient to form a belief as to each and every "203" "204" allegation contained in the paragraphs designated as "199", "200", "201", "202", and of the Verified Complaint and begs leave to refer all questions of fact to the trier of fact and all questions of law to the Court. "205" 26. Denies each and every a!!egation contained in the paragraph designated as of the Verified Complaint. AS AND FOR AN ANSWER TO A NINTH CAUSE OF ACTION 27. With respect to that paragraph of the Verified Complaint desigriated as "206", defendant repeats, reiterates and realleges each and every admission, denial, and denial of truth of "1" each and every allegation contained in those paragraphs designated as through "205", with the same force and effect as ifset forth fullyherein. 28. Denies knowledge or information sufficient to form a belief as to each and every "211" "212" allegation contained in the paragraphs designated as "207", "208", "209", "210", and of the Verified Complaint and begs leave to refer all questions of fact to the trier of fact and all questions of law to the Court. "213" 29. Denies each and every allegation contained in the paragraph designated as of the Verified Complaint. 2020863 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/10/2019 AS AND FOR AN ANSWER TO A TENTH CAUSE OF ACTION 30. With respect to that paragraph of the Verified Complaint designated as "214", defendant repeats, reiterates and realleges each and every admission, denial, and denial of truth of "1" each and every allegation contained in those paragraphs designated as through "213", with the same force and effect as ifset forth fully herein. 31. Denies knowledge or information sufficient to form a belief as to each and every "220" allegation contained in the paragraphs designated as "215", "216", "217", "218", "219", and "221" of the Verified Complaint and begs leave to refer allquestions of fact to the trierof fact and all questions of law to the Court. "222" 32. Denies each and every allegation contained in the paragraph designated as of the Verified Complaint. AS AND FOR AN ANSWER TO AN ELEVENTH CAUSE OF ACTION 33. With respect to that paragraph of the Verified Complaint designated as "223", defendant repeats, reiterates and realleges each and every admission, denial, and denial of truth of "1" each and every allegation contained in those paragraphs designated as through "222", with the same force and effect as ifset forth fully herein. 34. Denies knowledge or information sufficient to form a belief as to each and every "224" allegation contained in the paragraph designated as of the Verified Complaint and begs leave to refer allquestions of fact to the trierof fact and allquestions of law to the Court. "225" 35. Denies each and every allegation contained in the paragraphs designated as "226" and of the Verified Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 36. The Complaint is time barred inasmuch as the suit was not instituted within the applicable statute of limitations. 2020863 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/10/2019 AS AND FOR A SECOND AFFIRMATIVE DEFENSE 37. Upon information and belief, that injuries and damages alleged were caused by the culpable conduct of some third person or persons over whom answering defendant neither had nor exercised control. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 38. Defendant asserts all rights pursuant to CPLR §1600 et seq. In the event answering defendant is found liable at all, any liabilityof the answering defendant is less than fifty percent of the total liabilityto all persons liable. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 39. Upon information and belief, plaintiff's economic loss, ifany, as specified in §4545 of the CPLR, was or will be replaced or indemnified, in whole or in part, from collateral sources, and the answering defendant is entitled to have the Court consider the same in determining such special damages as provided in §4545 of the CPLR. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 40. That the Complaint fails to state a cause or causes of action upon which relief can be granted against the defendant. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 41. The Plaintiff lacks the legal capacity to commence this action. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 42. Upon information and belief, that whatever damages the plaintiff may have sustained at the time and place mentioned in the Verified Complaint were caused in whole or in part by the culpable conduct of the said plaintiff. The amount of daniages recovered, ifany, shall therefore be dirñinished in the proportion to which said culpable conduct is attributable. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 43. Defendant invokes the protection of Public Health Law §2805(d)(4) with respect to the alleged cause of action for informed consent, and reserves allrights pursuant thereto. 2020863 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/10/2019 WHEREFORE, Defendant, FAMILY PSYCHOLOGY OF LONG ISLAND, P.C., s/h/a FAMILY PSYCHOLOGY OF LONG ISLAND, demands judgment dismissing the Verified Complaint herein, together with the costs and disbursements of this action. Dated: Garden City, New York October 18, 2012 To the best of my knowledge, information and belief, formed after an inquiry reascñable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Yours, etc. KAUFMAN BORGEEST & RYAN LLP - By: Keith L. Kaplan, Esq. Attorneys for Defendant FAMILY PSYCHOLOGY OF LONG ISLAND, P.C., s/h/a FAMILY PSYCHOLOGY OF LONG ISLAND 1205 Franklin Avenue, Suite 200 Garden City, New York 11530 (516) 248-6000 (516) 248-0677 (fax) TO: NAPOLI BERN RIPKA SHKOLNIK, LLP Attorneys for Plaintiff 5* Avenue- 350 Suite 7413 New York, New York 10118 Attn: xxxxxx Napoli, Esq. (212) 267-3700 2020863 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/10/2019 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) KEITH L. KAPLAN, ESQ., being duly sworn, states that he is a member of the firm of KAUFMAN, BORGEEST & RYAN LLP attorneys for the defendant, FAMILY PSYCHOLOGY OF LONG ISLAND, P.C., slhla FAMILY PSYCHOLOGY OF LONG ISLAND, in this action and that the foregoing VERIFIED ANSWER is true to his knowledge, except as to those matters therein stated upon information and belief, and as to those matters he believes them to be true; that the grounds of his belief as to all matters not stated upon his knowledge are correspondence and other writings furnished by the defendant and other documentations maintained in the office of its attorneys; and that the reason why this verification is not made by defendant is that the defendant is located in a county other than the county where its attorneys have their office. Dated: Garden City, New York October 18, 2012 KEITH L. KAPLAN, ESQ. 2020863 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/10/2019 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) )ss.: COUNTY OF NASSAU ) Debra L. Ford, being duly sworn, deposes and says: That deponent is not a party to this action, is over 18 years of age and resides in Nassau County, New York. That on the day of October , 2012, deponent served the within VERIFIED ANSWER upon: NAPOLI BERN RIPKA SHKOLNIK, LLP Attorneys for Plaintiff 5* Avenue- 350 Suite 7413 New York, New York 10118 Attn: xxxxxx Napoli, Esq. (212) 267-3700 The attorneys for the respective parties in this action at the above addresses designated by said attorneys for that purpose by depositing a true copy of same enclosed in a properly addressed envelope, in a post office official deposito unde the exclusive e and ustody of the United States Postal Service within the State of ew Yo . Debra L. Ford rn to before me this day of October, 2012. Notary Public AUSON GRIGO NOTARY PUBUC, State of New York No. 01GR5066048 C Expire t.23 2020860 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 64 RECEIVED NYSCEF: 01/10/2019 PREIQ E COURT GE THE TE F NEW YGISK - a COUNTY'OF'SOFF.QCK:. xxxxxx xxxxxxxx on behalf of - an Infant under the age of 18 and xxxxxx xxxxxxxx, Individually, -against- RONALD J TADEO, M D., RICHARD PITCH, M D , SCOTT BERLIN, M D ,,SHORÈ'PSYCHIATRIC CENTER, FAMILY P8YCHOLOGY OF LONG .lSLAND, BERLIN OBGYN ASSOCIATES, JANSSEN PHARMACEUTICALS, INC k/n/a ORTHO-MCNEll- ,_JANSSEN PHARMACEIJTICALS, INC and ZYDUS ' PHARMACEUTICALS USA, INC., DefendanLn I. . VERIFIED . ANSWER. . . - ... . .. KAUFMAN BORGEEST & RYAN LLP ATTORNEYS AT LAW 2"d 1205 FRANKLIN AVENUE, FLOOR GARDEN CITY, NEW YORK 11530 - . . (516) 2484000 . ATTORNEYS FOR DEFENDANT: FAMILY PSYCHOLOGY OF·LONG ISLAND, P.C., s/h/a FAMILY PSYCHOLOGY OF LONG.ISLAND