Preview
FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/10/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
111Vi5 Ä 5ÖHÃUUËlf-on be aif of ] Index No.: 26910/12
an infant under the age of 18, and xxxxxx xxxxxxxx, |
Individually, VERIFIED BILL
| OF PARTICULARS AS TO
Plaintiffs, ! DEFENDANT RICHARD
| PITCH, M.D.
-against-
RONALD J. TADEO, M.D., RICHARD PITCH, M.D.,
SCOTT BERL1N, M.D., SHORE PSYCHIATRIC
CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND,
BERLIN OBGYN ASSOCIATES, JANSSEN
PHARMACEUTICALS, INC. and ZYDUS
PHARMACEUTICALS (USA), INC.,
C O U N S E L O R S:
Plaintiffs xxxxxx xxxxxxxx, on behalf of an infant under the
age of 18, and xxxxxx xxxxxxxx, Individually, by their attorneys, NAPOLI BERN RIPKA
SHKOLNIK, LLP, as and for a Verified Bill of Particulars responsive to the Demand for a
Verified Bill of Particulars of defendant RICHARD PITCH, M.D. herein respectfully set forth,
to the best of Plaintiff's knowledge at this time and upon information and belief:
1.
(a) Please be advised that Plaintiff's full names are captioned above.
(b) Plaintiff xxxxxx xxxxxxxx was born on
Infant-Plaintiff was born on
(c) Plaintiffs reside at 1734 Spur Dr. South, Islip,New York 11751.
(d) Plaintiffs object to Defendants RICHARD PITCH, M.D. demand for
Plaintiffs'
Social Security numbers in a response to a demand in a Bill of
Particulars as such a document could become available to public
purview and thus put Plaintiffs at risk for identity theft and/or fraud.
Plaintiffs'
Plaintiffs will provide Social Security numbers under a
separate cover, if applicable.
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2. Please see 1(b) above for Plaintiffs dates of birth.
3-10. The negligent acts and omissions as claimed against the answering defendants
herein took place from July 5, 2007 and continuing through to and including September 24,
2009. Please be advised that specific dates of care and/or services by any Defendant will be
discussed and confirmed through discovery and/or specifically at the Plaintiff's deposition.
11-18. The negligent acts and omissions as claimed against the answering defendants
herein took place from July 5, 2007 and continuing through to and including September 24,
2009.
19. Defendants RICHARD PITCH, M.D., individually, and by and through his
employees, personnel, physicians, pathologists, lab technicians, administrative staff, nurses,
assistants, agents and/or partners, deviated from accepted standards of medical practice, and
committed medical malpractice, by virtue of the following acts and/or omissions: in deviating
and departing from the good and accepted standards of medical, surgical and/or post-surgical
care and treatment; in prescribing dangerous and contraindicated drugs with dangerous side
effects which resulted in Infant-Plaintiff's condition; in failing to promptly, properly, timely and
treat and manage Infant-
adequately detect, discover, diagnose, consider, evaluate, investigate,
Plaintiff's conditions from which he was suffering at such time as it was treatable, operable,
curable and/or manageable; in failing to promptly, properly, timely and adequately order, direct,
recommend, advise, refer, provide, perform and/or ensure the performance of such medical
and/or surgical procedures as were required to prevent the of Infant-
urgently worsening
Plaintiff's conditions; in failing to promptly, properly, timely and adequately detect, discover,
diagnose, consider, evaluate, investigate, treat, operate, remove and manage the said conditions
prior to itsprogression; in failing to promptly, properly, timely and adequately detect, discover,
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diagnose, consider, evaluate, investigate, treat and manage the said conditions at such time as it
was more easily treatable, operable, manageable and/or curable; in failing to promptly, properly
and adequately test, evaluate, assess, interpret, consider, diagnose and treat Infant-Plaintiff's
relative to prolonged and persistent complaints, signs, symptoms and findings indicative of his
conditions; in causing, allowing and permitting signs, symptoms, complaints and manifestations
of prolonged and persistent indications for Infant-Plaintiff's conditions to remain undetected,
undiscovered, ignored, undiagnosed and untreated for an unreasonably long period of time; in
causing, allowing and permitting Infant-Plaintiff's conditions to increase, worsen and progress;
in failing to promptly, properly, timely and adequately order, direct, recommend, advise, refer,
provide, perform and/or ensure compliance with orders, directions, instructions and policies
relative to the testing, care, treatment and management of Infant-Plaintiff; in failing to prevent
and/or promptly, properly, timely and adequately detect, discover, diagnose, consider, evaluate,
investigate, treat and manage Infant-Plaintiff's condition; in failing to elicit, inquire and/or obtain
suitable, adequate and appropriate information regarding Infant-Plaintiff's condition during his
hospitalization, and/or at all times as he came under the care, diagnosis, treatment and
management of the defendants; in failing to call in and/or ensure the presence of competent,
qualified, skilled, experienced, trained and diligent physicians, surgeons, and radiologists; in
failing to provide Infant-Plaintiff with the proper, adequate and required medical, surgical and
post-operative care, attention and treatment which Infant-Plaintiffs condition required and which
the defendants represented to have possessed and would afford to Infant-Plaintiff; in failing to
perform the necessary and required tests, examinations and evaluations to determine the extent
and nature of Infant-Plaintiffs condition, pre-operatively, operatively and post-operatively; in
failing to obtain the informed consent of Infant-Plaintiff's lawful representative; in failing to
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administer proper instructions to the various physicians and other hospital and medical personnel
in the care and treatment of Infant-Plaintiff, operatively and post-operatively; in failing to have
available and provide the necessary and required equipment, apparatus and/or facilities for the
testing, diagnosis, care, treatment and/or surgical procedures upon Infant-Plaintiff; in failing and
to make entries in the records or charts made and maintained with respect to Infant-
neglecting
Plaintiff; in failing and neglecting to take or record proper histories; in failing and neglecting to
properly respond to, be cognizant of, or make use of the histories taken or recorded; in failing to
adequately and properly treat Infant-Plaintiff and to render such competent, diligent and skillful
care, treatment and procedures as the defendant represented to have possessed and would afford
to Infant-Plaintiff; in deviating and departing from the good and accepted standards of hospital,
medical and/or surgical care and practice; in causing Infant-Plaintiff to suffer severe injuries and
permanent damages and conditions all as a result of the carelessness, negligence and malpractice
of the defendant; in failing to properly advise Infant-Plaintiff as to the nature and extent of such
procedures as were to be performed and/or failed to be performed, and the possible
complications thereof; in failing to elicit and obtain a proper, correct and accurate history relative
to Infant-Plaintiff's signs, symptoms, complaints and condition; in failing to ask the proper and
appropriate questions so as to elicit and obtain a proper, correct and accurate history relative to
Infant-Plaintiffs signs, symptoms, complaints and condition; in failing and neglecting to make
proper, appropriate, correct and accurate entries in the records or charts made and maintained
with respect to Infant-Plaintiff; in failing and neglecting to take or record proper histories; in
failing and neglecting to properly respond to, be cognizant of, or make use of the histories taken
or recorded; in failing to make proper, adequate and correct notations in the records and charts
made and maintained with respect to the signs, symptoms and complaints described, complained
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of and reported by Infant-Plaintiff; in carelessly, negligently, wantonly, incorrectly and
improperly documenting the history provided by Infant-Plaintiff; in violating those statutes,
ordinances, rules and regulations in such cases made and provided, of which this Court may
properly take Judicial Notice at the time of the trial of this action; and in being careless,
negligent and culpable of committing malpractice in the care, treatment and management of
Infant-Plaintiff.
20. Please refer to the Bill of Particulars exchanged for Defendant RICHARD J.
TADEO, M.D., which includes a statement of each and every act of negligence, or omission,
which constituted the alleged malpractice, carelessness, or negligence complained of.
21. Please refer to the Bill of Particulars exchanged for Defendant SCOTT BERLIN,
M.D., which includes a statement of each and every act of negligence, or omission, which
constituted the alleged malpractice, carelessness, or negligence complained of.
22. Please refer to the Bill of Particulars exchanged for Defendant SHORE
PSYCHIATRIC CENTER, which includes a statement of each and every act of negligence, or
omission, which constituted the alleged malpractice, carelessness, or negligence complained of.
23. Please refer to the Bill of Particulars exchanged for Defendant FAMILY
PSYCHOLOGY OF LONG ISLAND, which includes a statement of each and every act of
negligence, or omission, which constituted the alleged malpractice, carelessness, or negligence
complained of.
24. Please refer to the Bill of Particulars exchanged for Defendant BERLIN OBGYN
ASSOCIATES, which includes a statement of each and every act of negligence, or omission,
which constituted the alleged malpractice, carelessness, or negligence complained of.
5
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25. A Demand for a Verified Bill of Particulars has not been exchanged for
Defendant JANSSEN PHARMACEUTICALS, INC.
26. A Demand for a Verified Bill of Particulars has not been exchanged for
Defendant ZYDUS PAHRMACEUTICALS USA, INC.
27. That the names or each and every person or entity whose act or omission is
charged against the answering defendant herein is information known only to the defendant.
Plaintiffs'
Bill of Particulars as to this issue can be supplemented following discovery.
28. That the names or each and every person or entity whose act or omission is
charged against the answering defendants is information known only to the defendants.
Plaintiffs'
Bill of Particulars as to this issue can be supplemented following discovery.
29-30. Plaintiffs received medical services from the following medical providers:
(a) Ronald Tadeo, M.D. at Shore Psychiatric Center located at 4 Phyllis Drive,
Suite H, Patchogue, NY 11772 (for xxxxxx xxxxxxxx).
(b) Shore Psychiatric Center located at 4 Phyllis Drive, Suite H, Patchogue, NY
11772 (for xxxxxx xxxxxxxx).
(c) Family Psychology of Long Island located at 1563 Montauk Highway,
Oakdale, NY 11769 (for xxxxxx xxxxxxxx).
(d) Richard Pitch, M.D. at Family Psychology of Long Island located at 1563
Montauk Highway, Oakdale, NY 11769 (for xxxxxx xxxxxxxx).
(e) Lawrence Greenberg, M.D. located at 330 Motor Parkway, Suite 204,
Hauppauge, NY 11788 (for xxxxxx xxxxxxxx).
(f) Sunrise Counseling Cent er located at 107 West Main Street, East Islip, NY
11730 (for xxxxxx xxxxxxxx).
(g) Berlin OBGYN Associates located at 2330 Union Boulevard, Islip, NY 11751
(for xxxxxx xxxxxxxx).
North Shore LIJ - South Side Hospital located at 2330 Union
(h) Boulevard,
Islip, NY 11751 (for xxxxxx xxxxxxxx).
(i) Sunrise Medical Laboratories located at 240 Motor Parkway, Hauppauge, NY
11788 (for xxxxxx xxxxxxxx).
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(j) Madonna Perinatal Services located at 300 Old Country Road, Suite 202,
Mineola, NY 11501 (for xxxxxx xxxxxxxx).
(k) Southside Hospital located at 301 East Main Street, Bay Shore, NY 11706
(delivery records (for
76d'
(1) Long Island Jewish located at 270-05 Avenue, New Hyde Park, NY
11040 (for ).
77d'
(m)Cohen Children's Hospital located at 570-55 Avenue, New Hyde Park,
NY 11040 (for |.
31. Plaintiff cannot state, prior to the taking of depositions upon oral examination of
the parties to this action, whether any claims will be made at the time of the trial relative to
improper, defective or unavailable equipment.
32-33. Plaintiffs object to Defendant's thirty second demand as being beyond the scope
of statutorily allowable demands for a bill of particulars, and as being evidentiary in nature and
thus requiring expert commentary. Pursuant to the clear language of CPLR 3043 (a) (3), "In
actions to recover for personal injuries the following particulars may be required: ...(3) General
claimed."
statement of the acts or omissions constituting the negligence Notably, in a medical
malpractice action, as in any action for personal injuries, the bill of particulars "requires only a
claimed' "
'[g]eneral statement of the acts or omissions constituting the negligence (Rockefeller
v. Hwang, 106 A.D.2d 817, 818, 484 N.Y.S.2d 206, quoting CPLR 3043[a][3] ; see, Coughlin v.
Festin, 53 A.D.2d 800, 385 N.Y.S.2d 166). While the responses in the demand for a bill of
particulars should be complete, they certainly need not provide evidentiary material or
information to be gleaned from expert commentary. Liddell v. Cree, 233 A.D.2d 593, 594, 649
N.Y.S.2d 101; Heyward v. Ellenville Community Hosp., 215 A.D.2d 967, 627 N.Y.S.2d 167).
34. Plaintiffs claim that no discussions were had with respect to the risks, hazards and
alternatives incidental to the treatment and/or that the risks, hazards and alternatives incidental to
the treatment were not adequately explained.
The defendants, their agents, servants, employees, or those persons who ordered,
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requested, recommended, advised, performed, rendered, or provided examinations, evaluations,
consultations, care, treatments, procedures, tests, studies, services, or advice of, for, and to
Infant-plaintiff on behalf of, jointly with, or under the supervision of defendants herein, failed to
inform and/or failed to fully inform Infant-plaintiff's lawful representative(s) or to warn and/or
to fully warn Infant-plaintiff's lawful representative(s), of the nature, purposes, known perils,
recognized hazards, risks, or possible complications of the examinations, evaluations, diagnoses,
consultations, care, treatments, procedures, tests, studies, services, or advice ordered for,
requested recommended advised performed rendered or provided to Infant-
for, for, for, upon, to,
plaintiff; failed to inform Infant-plaintiff's lawful representative(s) of any alternative methods of
treatment; failed to obtain an informed consent by or on behalf of Infant-plaintiff's lawful
representative(s) regarding the outcome or possible consequences of the examinations,
evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, or
advice ordered, requested, recommended, advised, performed, rendered, or provided, or omitted
to be ordered, requested, recommended, advised, performed, rendered, or provided, of, for, and
to Infant-plaintiff; failed to inform and/or to fully inform Infant-plaintiff's lawful
representative(s) or to warn and/or to fully warn Infant-plaintiff's lawful representative(s), of the
nature, purposes, known perils, recognized hazards, risks, or possible complications of the
examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies,
services, or advice ordered for, requested for, recommended for, advised for, performed upon,
rendered to, or provided to Infant-plaintiff; failed to inform Infant-plaintiff's lawful
representative(s) of any alternative methods of treatment; failed to obtain an informed consent by
or on behalf of Infant-plaintiff's lawful representative(s) regarding the outcome or possible
consequences of the examinations, evaluations, diagnoses, consultations, care, treatments,
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procedures, tests, studies, services, or advice ordered, requested, recommended, advised,
performed, rendered, or provided, or omitted to be ordered, requested, recommended, advised,
performed, rendered, or provided, of, for, and to Infant-plaintiff, which failures individually
and/or together constituted deceptive acts and/or practices by the defendants in the conduct of
their business and/or and/or the of services the denied Infant-
trade, furnishing by defendants;
plaintiffs lawful representative(s) of the opportunity to make an informed decision as to the
examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies,
services, or advice ordered, requested, recommended, advised, performed, rendered, or provided
to Infant-plaintiff; denied Infant-plaintiff's lawful representative(s) the opportunity to seek
alternative examinations, evaluations, diagnoses, consultations, care, treatments, procedures,
tests, studies, services, or advice which care, treatments, procedures, tests, studies, services, or
advice that Infant-plaintiff's lawful would have chosen or elected had Infant-
representative(s)
plaintiff's lawful representative(s) been informed and/or fully informed as to the nature,
purposes, known perils, recognized hazards, risks, and possible complications of the
examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies,
services, or advice ordered for, requested for, recommended for, advised for, performed upon,
rendered to, or provided to Infant-plaintiff.
Had Infant-plaintiff's lawful representative(s) been fully informed as to the nature,
purposes, known perils, recognized hazards, risks, and possible complications of the
examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies,
services, or advice ordered, requested, recommended, advised, performed, rendered, or provided
for, upon, or to Infant-plaintiff, Infant-plaintiff's lawful representative(s) would have refused
said examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests,
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studies, services, or advice, or would have sought and/or obtained alternative examinations,
evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, and/or
advice.
36. That as a result of the negligence and malpractice of the named defendants,
Infant-Plaintiff sustained the following personal injuries and their sequelae:
CLEFT LIP;
CLEFT PALATE;
HEARING LOSS;
HEARING IMPAIRMENT;
CLEFT PALATE & EUSTACHIAN TUBE DYSFUNCTION;
CHRONIC OTITIS MEDIA WITH EFFUSION;
BILATERAL MYRINGOTOMY AND TYMPANOSTOMY TUBES ON
OCTOBER 13, 2010;
PALATAL PROSTHESIS REMOVAL AND IMPLANTATION ON
AUGUST 4, 2011;
OBTURATOR SCREW FIXATION FOR CLEFT PALATA ON
FEBRUARY 22, 2012;
PSYCHOLOGICAL TRAUMA;
SURGERIES AND INVASIVE PROCEDURES;
FUTURE SURGERIES AND INVASIVE PROCEDURES;
HOSPITILIZATIONS;
INABILITY TO FEED;
SPEECH IMPEDIMENT;
PAIN AND SUFFERING;
DISRUPTION OF LIFE GOALS;
DISRUPTION OF NORMAL CHILDHOOD;
DISRUPTION OF NORMAL CHILDHOOD ACTIVITIES; AND
SELF-CONCIOUS OF SCARRING.
37. Plaintiff(s) was confined as follows:
(a) Bed: Infant-Plaintiff was confined to his bed intermittently following the date
of occurrence, to the present time, and continuing.
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(b) Home: Infant-Plaintiff was confined to his home intermittently following the
date of occurrence, to the present time, and continuing.
(c) Hospital: Hospital admissions are to be provided under separate cover.
38. The total amounts claimed as special damages are as follows:
(a) Hospital: expenses in amounts not presently known.
(b) Physicians: expenses in amounts not presently known.
(c) X-rays: expenses in amounts not presently known.
(d) Medical Supplies: expenses in amounts not presently known.
(e) Nurses: expenses in amounts not presently known.
(f) L oss of Earnings: No claim for loss of earnings is made herein. However,
Plaintiffs reserve the right to supplement this response during the course of
litigation.
(g) Other: none
Plaintiffs reserve the right to supplement this response during the course of this litigation.
39. No claim for additional expenses or pecuniary loss are made herein. However,
Plaintiffs reserve the right to supplement this response during the course of litigation.
40. Inapplicable - Additional claims and/or legal proceedings have not been filed for
the injuries claimed in this matter.
41-48. Inapplicable - No claim for breach of is made herein.
warranty
49. That the specific statutes, ordinances, rules and regulations violated by defendant
RICHARD PITCH, M.D., including the Doctrine of Res Ipsa Loquitur, of which this Court will
take Judicial Notice at the time of the trial of this action, will be furnished upon completion of
further discovery proceedings. In addition to all other rules, regulations, statutes, codes and
standards heretofore alleged as violated in this matter, plaintiff alleges that the following
subsections of CPLR section 1602 are applicable: 1602(2)(iv), 1602(5), 1602(7), and 1602(11).
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50. Plaintiffs received collateral source benefits from Magnacare located at P.O. Box
Plaintiffs'
1001, Garden City, NY 11530. collateral source identification number is
1021100469651. An authorization for Plaintiffs collateral source records will be provided under
a separate cover.
Dated: New York, New York
January 7, 2013
Yours, etc.
NAPOLI BERN RIPKA SHKOLNIK, LLP
Attorneys for Plainti ff
: xxxxxx P. Napoli
35 Fifth Avenue, Suite 7413
New York, New York 10118
Tel: (212) 267-3700
TO:
LAW OFFICES OF MITCHELL J. ANGEL, PLLC
Attorneys for Defendant
RICHARD PITCH, M.D.
170 Old Country Road, Suite 210
Mineola, New York 11501
(516) 741-3900
BOWER LAW, P.C.
Attorneys for Defendants
RONALD J. TADEO, M.D. and SHORE PSYCHIATRIC CENTER
1220 RXR Plaza
Uniondale, New York 11556
(516) 881-4380
KAUFMAN BOORGEEST & RYAN, LLP
Attorneys for Defendants
FAMILY PSYCHOLOGY OF LONG ISLAND
1205 Franklin Avenue, Suite 200
Garden City, New York 11530
Tel: (516) 248-6000
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PATTERSON BELKNAP WEBB & TYLER, LLP
Attorneys for Defendant
JANSSEN PHARMACEUTICALS, INC.
1133 Avenue of the Americas
New York, NY 10036
(212) 336-2000
SANTANGELO, BENVENUTO & SLATTERY
Attorney for Defendants
SCOTT BERLIN, M.D. and BERLIN OBGYN ASSOCIATES
1800 Northern Boulevard
Roslyn, New York 11576
(516) 775-2236
KELLEY DRYE & WARREN, LLP
Attorneys for Defendant
ZYDUS PHARMACEUTICALS (USA), INC.
400 Atlantic Street
Stamford, Connecticut 06901
(203) 324-1400
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VERIFICATION
xxxxxx P. Napoli, an attorney duly admitted to practice law in the Courts of this State,
affirms the following under penalties of perjury:
I am the attorney for the plaintiff(s) in the above entitled-action. I have read the foregoing
VERIFIED BILL OF PARTICULARS and know the contents thereof, and upon information
and belief, affirmant believes after an inquiry reasonable under the circumstances the matters
alleged herein to be true,and that the contentions herein are not frivolous, as that term is defined in
Part 130.
The reason this verification is made by affirmant and not by plaintiff(s) is that the
plaintiff(s) herein reside in a County other than the County in which we maintain our offices.
The source of affirmant's information and the grounds of her belief are communications,
papers, reports and investigations contained in the filemaintained by this office.
Dated: New York, New York
January 7, 2013
Jo h P. Napoli
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
15XMËÏ Ä SÖHÄLi ËÏi, on belialfo ] Index No.: 26910/12
an infant under the age of 18, and xxxxxx xxxxxxxx,
Individually, .
Plaintiffs,
-against-
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
PHARMACEUTICALS, INC. and ZYDUS
PHARMACEUTICALS (USA), INC.,
VERIFIED BILL OF PARTICULARS
- ==-=-- -==-_______________ -._____....________________-=---==__=
NAPOLI BERN RIPKA SHKOLNIK, LLP
Counsel for: Plaintiff
5"'
350 Avenue, Suite 7413
New York, New York 10118
(212) 267-3700
To
Attorney(s) for
Service of a copy of the within ishereby admitted.
Dated,
ATTORNEY(S) FOR
.-...___________________
PLEASE TAKE NOTICE:
O NOTICE OF ENTRY
that the within is a (certified)true copy of an duly entered in the
office of the clerk of the within named court on 200__.
O NOTICE OF SETTLEMENT
that an order of which the within is a true copy, will be
presented for settlement to the HON. one of the judges of the
within named Court, at on 200 at O'clock .M.
Dated, Yours, etc.
NAPOLI BERN RIPKA SHKOLNIK, LLP
Preview
FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK 111Vi5 Ä 5ÖHÃUUËlf-on be aif of ] Index No.: 26910/12 an infant under the age of 18, and xxxxxx xxxxxxxx, | Individually, VERIFIED BILL | OF PARTICULARS AS TO Plaintiffs, ! DEFENDANT RICHARD | PITCH, M.D. -against- RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERL1N, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, JANSSEN PHARMACEUTICALS, INC. and ZYDUS PHARMACEUTICALS (USA), INC., C O U N S E L O R S: Plaintiffs xxxxxx xxxxxxxx, on behalf of an infant under the age of 18, and xxxxxx xxxxxxxx, Individually, by their attorneys, NAPOLI BERN RIPKA SHKOLNIK, LLP, as and for a Verified Bill of Particulars responsive to the Demand for a Verified Bill of Particulars of defendant RICHARD PITCH, M.D. herein respectfully set forth, to the best of Plaintiff's knowledge at this time and upon information and belief: 1. (a) Please be advised that Plaintiff's full names are captioned above. (b) Plaintiff xxxxxx xxxxxxxx was born on Infant-Plaintiff was born on (c) Plaintiffs reside at 1734 Spur Dr. South, Islip,New York 11751. (d) Plaintiffs object to Defendants RICHARD PITCH, M.D. demand for Plaintiffs' Social Security numbers in a response to a demand in a Bill of Particulars as such a document could become available to public purview and thus put Plaintiffs at risk for identity theft and/or fraud. Plaintiffs' Plaintiffs will provide Social Security numbers under a separate cover, if applicable. FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/10/2019 2. Please see 1(b) above for Plaintiffs dates of birth. 3-10. The negligent acts and omissions as claimed against the answering defendants herein took place from July 5, 2007 and continuing through to and including September 24, 2009. Please be advised that specific dates of care and/or services by any Defendant will be discussed and confirmed through discovery and/or specifically at the Plaintiff's deposition. 11-18. The negligent acts and omissions as claimed against the answering defendants herein took place from July 5, 2007 and continuing through to and including September 24, 2009. 19. Defendants RICHARD PITCH, M.D., individually, and by and through his employees, personnel, physicians, pathologists, lab technicians, administrative staff, nurses, assistants, agents and/or partners, deviated from accepted standards of medical practice, and committed medical malpractice, by virtue of the following acts and/or omissions: in deviating and departing from the good and accepted standards of medical, surgical and/or post-surgical care and treatment; in prescribing dangerous and contraindicated drugs with dangerous side effects which resulted in Infant-Plaintiff's condition; in failing to promptly, properly, timely and treat and manage Infant- adequately detect, discover, diagnose, consider, evaluate, investigate, Plaintiff's conditions from which he was suffering at such time as it was treatable, operable, curable and/or manageable; in failing to promptly, properly, timely and adequately order, direct, recommend, advise, refer, provide, perform and/or ensure the performance of such medical and/or surgical procedures as were required to prevent the of Infant- urgently worsening Plaintiff's conditions; in failing to promptly, properly, timely and adequately detect, discover, diagnose, consider, evaluate, investigate, treat, operate, remove and manage the said conditions prior to itsprogression; in failing to promptly, properly, timely and adequately detect, discover, 2 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/10/2019 diagnose, consider, evaluate, investigate, treat and manage the said conditions at such time as it was more easily treatable, operable, manageable and/or curable; in failing to promptly, properly and adequately test, evaluate, assess, interpret, consider, diagnose and treat Infant-Plaintiff's relative to prolonged and persistent complaints, signs, symptoms and findings indicative of his conditions; in causing, allowing and permitting signs, symptoms, complaints and manifestations of prolonged and persistent indications for Infant-Plaintiff's conditions to remain undetected, undiscovered, ignored, undiagnosed and untreated for an unreasonably long period of time; in causing, allowing and permitting Infant-Plaintiff's conditions to increase, worsen and progress; in failing to promptly, properly, timely and adequately order, direct, recommend, advise, refer, provide, perform and/or ensure compliance with orders, directions, instructions and policies relative to the testing, care, treatment and management of Infant-Plaintiff; in failing to prevent and/or promptly, properly, timely and adequately detect, discover, diagnose, consider, evaluate, investigate, treat and manage Infant-Plaintiff's condition; in failing to elicit, inquire and/or obtain suitable, adequate and appropriate information regarding Infant-Plaintiff's condition during his hospitalization, and/or at all times as he came under the care, diagnosis, treatment and management of the defendants; in failing to call in and/or ensure the presence of competent, qualified, skilled, experienced, trained and diligent physicians, surgeons, and radiologists; in failing to provide Infant-Plaintiff with the proper, adequate and required medical, surgical and post-operative care, attention and treatment which Infant-Plaintiffs condition required and which the defendants represented to have possessed and would afford to Infant-Plaintiff; in failing to perform the necessary and required tests, examinations and evaluations to determine the extent and nature of Infant-Plaintiffs condition, pre-operatively, operatively and post-operatively; in failing to obtain the informed consent of Infant-Plaintiff's lawful representative; in failing to 3 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/10/2019 administer proper instructions to the various physicians and other hospital and medical personnel in the care and treatment of Infant-Plaintiff, operatively and post-operatively; in failing to have available and provide the necessary and required equipment, apparatus and/or facilities for the testing, diagnosis, care, treatment and/or surgical procedures upon Infant-Plaintiff; in failing and to make entries in the records or charts made and maintained with respect to Infant- neglecting Plaintiff; in failing and neglecting to take or record proper histories; in failing and neglecting to properly respond to, be cognizant of, or make use of the histories taken or recorded; in failing to adequately and properly treat Infant-Plaintiff and to render such competent, diligent and skillful care, treatment and procedures as the defendant represented to have possessed and would afford to Infant-Plaintiff; in deviating and departing from the good and accepted standards of hospital, medical and/or surgical care and practice; in causing Infant-Plaintiff to suffer severe injuries and permanent damages and conditions all as a result of the carelessness, negligence and malpractice of the defendant; in failing to properly advise Infant-Plaintiff as to the nature and extent of such procedures as were to be performed and/or failed to be performed, and the possible complications thereof; in failing to elicit and obtain a proper, correct and accurate history relative to Infant-Plaintiff's signs, symptoms, complaints and condition; in failing to ask the proper and appropriate questions so as to elicit and obtain a proper, correct and accurate history relative to Infant-Plaintiffs signs, symptoms, complaints and condition; in failing and neglecting to make proper, appropriate, correct and accurate entries in the records or charts made and maintained with respect to Infant-Plaintiff; in failing and neglecting to take or record proper histories; in failing and neglecting to properly respond to, be cognizant of, or make use of the histories taken or recorded; in failing to make proper, adequate and correct notations in the records and charts made and maintained with respect to the signs, symptoms and complaints described, complained 4 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/10/2019 of and reported by Infant-Plaintiff; in carelessly, negligently, wantonly, incorrectly and improperly documenting the history provided by Infant-Plaintiff; in violating those statutes, ordinances, rules and regulations in such cases made and provided, of which this Court may properly take Judicial Notice at the time of the trial of this action; and in being careless, negligent and culpable of committing malpractice in the care, treatment and management of Infant-Plaintiff. 20. Please refer to the Bill of Particulars exchanged for Defendant RICHARD J. TADEO, M.D., which includes a statement of each and every act of negligence, or omission, which constituted the alleged malpractice, carelessness, or negligence complained of. 21. Please refer to the Bill of Particulars exchanged for Defendant SCOTT BERLIN, M.D., which includes a statement of each and every act of negligence, or omission, which constituted the alleged malpractice, carelessness, or negligence complained of. 22. Please refer to the Bill of Particulars exchanged for Defendant SHORE PSYCHIATRIC CENTER, which includes a statement of each and every act of negligence, or omission, which constituted the alleged malpractice, carelessness, or negligence complained of. 23. Please refer to the Bill of Particulars exchanged for Defendant FAMILY PSYCHOLOGY OF LONG ISLAND, which includes a statement of each and every act of negligence, or omission, which constituted the alleged malpractice, carelessness, or negligence complained of. 24. Please refer to the Bill of Particulars exchanged for Defendant BERLIN OBGYN ASSOCIATES, which includes a statement of each and every act of negligence, or omission, which constituted the alleged malpractice, carelessness, or negligence complained of. 5 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/10/2019 25. A Demand for a Verified Bill of Particulars has not been exchanged for Defendant JANSSEN PHARMACEUTICALS, INC. 26. A Demand for a Verified Bill of Particulars has not been exchanged for Defendant ZYDUS PAHRMACEUTICALS USA, INC. 27. That the names or each and every person or entity whose act or omission is charged against the answering defendant herein is information known only to the defendant. Plaintiffs' Bill of Particulars as to this issue can be supplemented following discovery. 28. That the names or each and every person or entity whose act or omission is charged against the answering defendants is information known only to the defendants. Plaintiffs' Bill of Particulars as to this issue can be supplemented following discovery. 29-30. Plaintiffs received medical services from the following medical providers: (a) Ronald Tadeo, M.D. at Shore Psychiatric Center located at 4 Phyllis Drive, Suite H, Patchogue, NY 11772 (for xxxxxx xxxxxxxx). (b) Shore Psychiatric Center located at 4 Phyllis Drive, Suite H, Patchogue, NY 11772 (for xxxxxx xxxxxxxx). (c) Family Psychology of Long Island located at 1563 Montauk Highway, Oakdale, NY 11769 (for xxxxxx xxxxxxxx). (d) Richard Pitch, M.D. at Family Psychology of Long Island located at 1563 Montauk Highway, Oakdale, NY 11769 (for xxxxxx xxxxxxxx). (e) Lawrence Greenberg, M.D. located at 330 Motor Parkway, Suite 204, Hauppauge, NY 11788 (for xxxxxx xxxxxxxx). (f) Sunrise Counseling Cent er located at 107 West Main Street, East Islip, NY 11730 (for xxxxxx xxxxxxxx). (g) Berlin OBGYN Associates located at 2330 Union Boulevard, Islip, NY 11751 (for xxxxxx xxxxxxxx). North Shore LIJ - South Side Hospital located at 2330 Union (h) Boulevard, Islip, NY 11751 (for xxxxxx xxxxxxxx). (i) Sunrise Medical Laboratories located at 240 Motor Parkway, Hauppauge, NY 11788 (for xxxxxx xxxxxxxx). 6 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/10/2019 (j) Madonna Perinatal Services located at 300 Old Country Road, Suite 202, Mineola, NY 11501 (for xxxxxx xxxxxxxx). (k) Southside Hospital located at 301 East Main Street, Bay Shore, NY 11706 (delivery records (for 76d' (1) Long Island Jewish located at 270-05 Avenue, New Hyde Park, NY 11040 (for ). 77d' (m)Cohen Children's Hospital located at 570-55 Avenue, New Hyde Park, NY 11040 (for |. 31. Plaintiff cannot state, prior to the taking of depositions upon oral examination of the parties to this action, whether any claims will be made at the time of the trial relative to improper, defective or unavailable equipment. 32-33. Plaintiffs object to Defendant's thirty second demand as being beyond the scope of statutorily allowable demands for a bill of particulars, and as being evidentiary in nature and thus requiring expert commentary. Pursuant to the clear language of CPLR 3043 (a) (3), "In actions to recover for personal injuries the following particulars may be required: ...(3) General claimed." statement of the acts or omissions constituting the negligence Notably, in a medical malpractice action, as in any action for personal injuries, the bill of particulars "requires only a claimed' " '[g]eneral statement of the acts or omissions constituting the negligence (Rockefeller v. Hwang, 106 A.D.2d 817, 818, 484 N.Y.S.2d 206, quoting CPLR 3043[a][3] ; see, Coughlin v. Festin, 53 A.D.2d 800, 385 N.Y.S.2d 166). While the responses in the demand for a bill of particulars should be complete, they certainly need not provide evidentiary material or information to be gleaned from expert commentary. Liddell v. Cree, 233 A.D.2d 593, 594, 649 N.Y.S.2d 101; Heyward v. Ellenville Community Hosp., 215 A.D.2d 967, 627 N.Y.S.2d 167). 34. Plaintiffs claim that no discussions were had with respect to the risks, hazards and alternatives incidental to the treatment and/or that the risks, hazards and alternatives incidental to the treatment were not adequately explained. The defendants, their agents, servants, employees, or those persons who ordered, 7 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/10/2019 requested, recommended, advised, performed, rendered, or provided examinations, evaluations, consultations, care, treatments, procedures, tests, studies, services, or advice of, for, and to Infant-plaintiff on behalf of, jointly with, or under the supervision of defendants herein, failed to inform and/or failed to fully inform Infant-plaintiff's lawful representative(s) or to warn and/or to fully warn Infant-plaintiff's lawful representative(s), of the nature, purposes, known perils, recognized hazards, risks, or possible complications of the examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, or advice ordered for, requested recommended advised performed rendered or provided to Infant- for, for, for, upon, to, plaintiff; failed to inform Infant-plaintiff's lawful representative(s) of any alternative methods of treatment; failed to obtain an informed consent by or on behalf of Infant-plaintiff's lawful representative(s) regarding the outcome or possible consequences of the examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, or advice ordered, requested, recommended, advised, performed, rendered, or provided, or omitted to be ordered, requested, recommended, advised, performed, rendered, or provided, of, for, and to Infant-plaintiff; failed to inform and/or to fully inform Infant-plaintiff's lawful representative(s) or to warn and/or to fully warn Infant-plaintiff's lawful representative(s), of the nature, purposes, known perils, recognized hazards, risks, or possible complications of the examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, or advice ordered for, requested for, recommended for, advised for, performed upon, rendered to, or provided to Infant-plaintiff; failed to inform Infant-plaintiff's lawful representative(s) of any alternative methods of treatment; failed to obtain an informed consent by or on behalf of Infant-plaintiff's lawful representative(s) regarding the outcome or possible consequences of the examinations, evaluations, diagnoses, consultations, care, treatments, 8 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/10/2019 procedures, tests, studies, services, or advice ordered, requested, recommended, advised, performed, rendered, or provided, or omitted to be ordered, requested, recommended, advised, performed, rendered, or provided, of, for, and to Infant-plaintiff, which failures individually and/or together constituted deceptive acts and/or practices by the defendants in the conduct of their business and/or and/or the of services the denied Infant- trade, furnishing by defendants; plaintiffs lawful representative(s) of the opportunity to make an informed decision as to the examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, or advice ordered, requested, recommended, advised, performed, rendered, or provided to Infant-plaintiff; denied Infant-plaintiff's lawful representative(s) the opportunity to seek alternative examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, or advice which care, treatments, procedures, tests, studies, services, or advice that Infant-plaintiff's lawful would have chosen or elected had Infant- representative(s) plaintiff's lawful representative(s) been informed and/or fully informed as to the nature, purposes, known perils, recognized hazards, risks, and possible complications of the examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, or advice ordered for, requested for, recommended for, advised for, performed upon, rendered to, or provided to Infant-plaintiff. Had Infant-plaintiff's lawful representative(s) been fully informed as to the nature, purposes, known perils, recognized hazards, risks, and possible complications of the examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, or advice ordered, requested, recommended, advised, performed, rendered, or provided for, upon, or to Infant-plaintiff, Infant-plaintiff's lawful representative(s) would have refused said examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, 9 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/10/2019 studies, services, or advice, or would have sought and/or obtained alternative examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, and/or advice. 36. That as a result of the negligence and malpractice of the named defendants, Infant-Plaintiff sustained the following personal injuries and their sequelae: CLEFT LIP; CLEFT PALATE; HEARING LOSS; HEARING IMPAIRMENT; CLEFT PALATE & EUSTACHIAN TUBE DYSFUNCTION; CHRONIC OTITIS MEDIA WITH EFFUSION; BILATERAL MYRINGOTOMY AND TYMPANOSTOMY TUBES ON OCTOBER 13, 2010; PALATAL PROSTHESIS REMOVAL AND IMPLANTATION ON AUGUST 4, 2011; OBTURATOR SCREW FIXATION FOR CLEFT PALATA ON FEBRUARY 22, 2012; PSYCHOLOGICAL TRAUMA; SURGERIES AND INVASIVE PROCEDURES; FUTURE SURGERIES AND INVASIVE PROCEDURES; HOSPITILIZATIONS; INABILITY TO FEED; SPEECH IMPEDIMENT; PAIN AND SUFFERING; DISRUPTION OF LIFE GOALS; DISRUPTION OF NORMAL CHILDHOOD; DISRUPTION OF NORMAL CHILDHOOD ACTIVITIES; AND SELF-CONCIOUS OF SCARRING. 37. Plaintiff(s) was confined as follows: (a) Bed: Infant-Plaintiff was confined to his bed intermittently following the date of occurrence, to the present time, and continuing. 10 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/10/2019 (b) Home: Infant-Plaintiff was confined to his home intermittently following the date of occurrence, to the present time, and continuing. (c) Hospital: Hospital admissions are to be provided under separate cover. 38. The total amounts claimed as special damages are as follows: (a) Hospital: expenses in amounts not presently known. (b) Physicians: expenses in amounts not presently known. (c) X-rays: expenses in amounts not presently known. (d) Medical Supplies: expenses in amounts not presently known. (e) Nurses: expenses in amounts not presently known. (f) L oss of Earnings: No claim for loss of earnings is made herein. However, Plaintiffs reserve the right to supplement this response during the course of litigation. (g) Other: none Plaintiffs reserve the right to supplement this response during the course of this litigation. 39. No claim for additional expenses or pecuniary loss are made herein. However, Plaintiffs reserve the right to supplement this response during the course of litigation. 40. Inapplicable - Additional claims and/or legal proceedings have not been filed for the injuries claimed in this matter. 41-48. Inapplicable - No claim for breach of is made herein. warranty 49. That the specific statutes, ordinances, rules and regulations violated by defendant RICHARD PITCH, M.D., including the Doctrine of Res Ipsa Loquitur, of which this Court will take Judicial Notice at the time of the trial of this action, will be furnished upon completion of further discovery proceedings. In addition to all other rules, regulations, statutes, codes and standards heretofore alleged as violated in this matter, plaintiff alleges that the following subsections of CPLR section 1602 are applicable: 1602(2)(iv), 1602(5), 1602(7), and 1602(11). 11 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/10/2019 50. Plaintiffs received collateral source benefits from Magnacare located at P.O. Box Plaintiffs' 1001, Garden City, NY 11530. collateral source identification number is 1021100469651. An authorization for Plaintiffs collateral source records will be provided under a separate cover. Dated: New York, New York January 7, 2013 Yours, etc. NAPOLI BERN RIPKA SHKOLNIK, LLP Attorneys for Plainti ff : xxxxxx P. Napoli 35 Fifth Avenue, Suite 7413 New York, New York 10118 Tel: (212) 267-3700 TO: LAW OFFICES OF MITCHELL J. ANGEL, PLLC Attorneys for Defendant RICHARD PITCH, M.D. 170 Old Country Road, Suite 210 Mineola, New York 11501 (516) 741-3900 BOWER LAW, P.C. Attorneys for Defendants RONALD J. TADEO, M.D. and SHORE PSYCHIATRIC CENTER 1220 RXR Plaza Uniondale, New York 11556 (516) 881-4380 KAUFMAN BOORGEEST & RYAN, LLP Attorneys for Defendants FAMILY PSYCHOLOGY OF LONG ISLAND 1205 Franklin Avenue, Suite 200 Garden City, New York 11530 Tel: (516) 248-6000 12 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 . NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/10/2019 PATTERSON BELKNAP WEBB & TYLER, LLP Attorneys for Defendant JANSSEN PHARMACEUTICALS, INC. 1133 Avenue of the Americas New York, NY 10036 (212) 336-2000 SANTANGELO, BENVENUTO & SLATTERY Attorney for Defendants SCOTT BERLIN, M.D. and BERLIN OBGYN ASSOCIATES 1800 Northern Boulevard Roslyn, New York 11576 (516) 775-2236 KELLEY DRYE & WARREN, LLP Attorneys for Defendant ZYDUS PHARMACEUTICALS (USA), INC. 400 Atlantic Street Stamford, Connecticut 06901 (203) 324-1400 13 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/10/2019 VERIFICATION xxxxxx P. Napoli, an attorney duly admitted to practice law in the Courts of this State, affirms the following under penalties of perjury: I am the attorney for the plaintiff(s) in the above entitled-action. I have read the foregoing VERIFIED BILL OF PARTICULARS and know the contents thereof, and upon information and belief, affirmant believes after an inquiry reasonable under the circumstances the matters alleged herein to be true,and that the contentions herein are not frivolous, as that term is defined in Part 130. The reason this verification is made by affirmant and not by plaintiff(s) is that the plaintiff(s) herein reside in a County other than the County in which we maintain our offices. The source of affirmant's information and the grounds of her belief are communications, papers, reports and investigations contained in the filemaintained by this office. Dated: New York, New York January 7, 2013 Jo h P. Napoli 14 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK 15XMËÏ Ä SÖHÄLi ËÏi, on belialfo ] Index No.: 26910/12 an infant under the age of 18, and xxxxxx xxxxxxxx, Individually, . Plaintiffs, -against- 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 PHARMACEUTICALS, INC. and ZYDUS PHARMACEUTICALS (USA), INC., VERIFIED BILL OF PARTICULARS - ==-=-- -==-_______________ -._____....________________-=---==__= NAPOLI BERN RIPKA SHKOLNIK, LLP Counsel for: Plaintiff 5"' 350 Avenue, Suite 7413 New York, New York 10118 (212) 267-3700 To Attorney(s) for Service of a copy of the within ishereby admitted. Dated, ATTORNEY(S) FOR .-...___________________ PLEASE TAKE NOTICE: O NOTICE OF ENTRY that the within is a (certified)true copy of an duly entered in the office of the clerk of the within named court on 200__. O NOTICE OF SETTLEMENT that an order of which the within is a true copy, will be presented for settlement to the HON. one of the judges of the within named Court, at on 200 at O'clock .M. Dated, Yours, etc. NAPOLI BERN RIPKA SHKOLNIK, LLP