Preview
FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1168 RECEIVED NYSCEF: 11/28/2022
Exhibit “4”
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SUPREME COURT OF THE STATE OF NEW YORK
THE COUNTY OF SUFFOLK
________________________________________________________________x
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, as
PWNTIFF'S EXPERT
administratrix of the ESTATE OF BRITTANY M.
EXCHANGE
SCHULMAN, deceased; OLGA LIPETS; MINDY
PURSUANT
GRABINA, as administratrix of the estate of AMY
TO C.P.L.R. 3101(d)
GRABINA, and MINDY GRABINA, individually;
STEVEN BARUCH, as administrator of the ESTATE OF
Index No.: 611214/2015
LAUREN BARUCH, deceased, and STEVEN BARUCH,
INDIVIDUALLY; JOELLE DIMONTE; MELISSA CRAI;
and ARTHUR A. BELLI, Jr., as parent and Natural
Guardian of STEPHANIE BELLI, deceased, and
Administrator of THE ESTATE OF STEPHANIE BELLI,
Plaintiffs,
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICES, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD and COUNTY OF
SUFFOLK,
Defendants.
________________________________________________.._________x
Plaintiff, ARTHUR A. BELLI, Jr., as parent and Natural Guardian of
STEPHANIE BELLI, deceased, and Administrator of THE ESTATE OF STEPHANIE
BELLI, by his attorneys, BLOCK O'TOOLE & MURPHY, LLP, as and for its Notice
of Expert Witness Pursuant to C.P.L.R. 3101(d) respectfully submits as follows:
Plaintiff expects to call Aric with offices located at East 37th
Hausknecht, M.D., 19
Street, New York, New York 10016, as an expert witness at the time of trial.
It is expected that Dr. Hausknecht will give testimony concerning the accident
that is the subject matter of the action and the injuries sustained by STEPHANIE BELLI
as a direct and proximate result of the accident. It is expected that Dr. Hausknecht will
testify regarding the medical care and treatment Plaintiff STEPHANIE BELLI
underwent as a result of the injuries sustained in the accident and that said injuries
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resulted in her death. Dr. Hausknecht will further testify that Plaintiff STEPHANIE
BELLI experienced conscious pain and suffering for a time period following the
accident.
It is expected that Dr. Hausknecht will testify that Plaintiff, STEPHANIE BELLI
sustained the injuries enumerated in Plaintiff's Verified Bill of Particulars, dated
December 2, 2016, as a direct and proximate result of this accident and that said injuries
resulted in conscious pain and suffering and death.
It is expected that Dr. Hausknecht's testimony will be based upon his training
and experience, his review of all pleadings, all deposition transcripts, all witness
statements, records of all emergency responders, all medical records, the Medical
Examiner/Autopsy Report and all injury photographs.
It is further expected that Dr. Hausknecht will testify in conformity with his
narrative report dated September 23, 2022. (A copy of Dr. Hausknecht"s September 23,
2022 narrative report is annexed as "Exhibit "1".
"2"
Annexed hereto as Exhibit is the Curriculum Vitae of Aric Hausknecht,
M.D.
PLAINTIFF RESERVES THE RIGHT TO SUPPLEMENT THIS EXPERT
WITNESS EXCHANGE UP UNTIL THE TIME OF TRIAL AS SAID EXPERT WILL
TESTIFY AS TO HIS EXPERTISE ON THE SUBJECT MATTER OF THIS CASE AND
RESERVES THE RIGHT TO SUPPLEMENT HIS OPINION BASED ON THE PROOF,
MEDICAL OR OTHERWISE, THAT MAY BEADDUCED AT THE TIME OF TRIAL.
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Dated:New York, New York
November 1, 2022
Yours etc.
JEFFREY A. LOCK
BLOCK O'TOOLE & MURPHY, LLP
Attorneys for Plaintiff
The Estate of Stephanie Belli
One Penn Plaza, Suite 5315
New York, NY 10119
(212) 736-5300
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EXHIBIT 1
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COMPLETE CARE
COMPLETE MEDICAL CARE SERVICES OF NY, PC
RE: STEPHANIE BELLI (DOB: 04/30/92) DATE: 09/23/22
NEUROLOGIC REPORT- (New York OfEce)
To Whom ItMay Concern:
HISTORY: Stephanie Belli was a passenger in a motor vehicle accident on 07/18/15. According
to a Cutchogue Fire Department alarm report, the firstsignal was 1713.
According to a prehospital care report by the Cutchogue Fire Department, a call was received at
1712 due to an MVA at County Route 48 and Depot Lane. The EMT found four female patients
pinned between a truck and a portion of the limousine, One patient was hanging out of the
window with agonal breathing. He readjusted her airway but the patient could not maintain it.
The patient with agonal breathing had a faint pulse. The patients were extricated and transported
1 forfurther medical attention.
Doe,"
According to an EMS callreport on "Jane her upper torso was hanging out of the side of
the vehicle. The patient had been extricated and put on a backboard. She was pulseless and
apneic and had sustained head trauma. ACLS was administered and intubation was attempted.
She was noted to be asystolic at 1754, 1756, and 1757. The patient was pronounced dead in the
ambulance at 1757 and taken to the hospital.
According to Peconic Bay Medical Center Emergency Room nursing records, the patient had
been brought in by EMS and had a traumatic arrest. According to a practitioner note, the patient
did not have a pulse and was not breathing. There were no signs of life and her pupils were fixed
and dilated. There was deformity of her leftleg. According to a certificate of death, the patient
expired on 07/18/15 at 5:57 PM due to multiple blunt impact injuries.
According to a report of autopsy by Dr. Rosen, the patient had blunt impact injury of the neck
with abrasions of the head, mandibular fractures, transection of the brainstem, and
atlanto-occipital disarticulation. The patient had blunt impact injuries of the torso with abrasions
and contusions, multiple rib fractures, laceration of the diaphragm and spleen, and bilateral
hemothorax. The patient had blunt injuries of the extremities with abrasions and contusions.
The cause of death was multiple blunt impact injuries.
DISCUSSION: The patient was involved in a motor vehicle accident on 07/18/15. Autopsy
records show that she sustained multiple abrasions, fractures, and visceral injuries. With a
reasonable degree of medical certainty, the motor vehicle accident of 07/18/15 is the competent
producing cause of these injuries.
COMPLETE CARE NY MED COMPLETE CARE
19 EAsT37" ST 69-15 AUSTINST 2488 GRAND CONCOURSE, STE 310
NEW YORK, NY 10016 FOREST HILLS, NY 11375 BRONX, NY 10458
(212) 239-2112/ FAx
239-4224 (718) 263-350D/FAx
263-3565 (718) 733-1050/ FAx
733-1025
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STEPHANIE BELLI
Traumatic abrasions, fractures, and lacerations were the competent producing cause of pain and
suffering. Based upon the EMS reports, the patient was alive and breathing at 1740. However,
she was noted to be unresponsive, pulseless, and apneic at 1744.
With a reasonable degree of medical certainty, Ms. Belli was capable of experiencing pain and
and did experience pain and suffering from 1712 up until some point in time before she
suffering
expired at 1744, approximately 30 minutes. .
I,Aric Hausknecht, MD, being duly licensed to practice medicine in the State of New York,
pursuant to the applicable provisions of the CPLR, hereby affirm under the penalty of perjury,
that the statements contained herein are true and accurate.
Sincerel
Aric Hausknecht, MD
Diplomate, American Board of Psychiatry and Neurology
Diplomate, American Academy of Pain Management
AH/st/sps
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EXHIBIT 2
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ARIC HAUSXNECHT, MD
CURRICULUM VITAE
EDUCATION AND TRAINING
1993-1995 Neurologist and Assistant Neatologist, New York Hospital/Cornell Medical Center and Memorial
Sloane Kettering Cancer Center,New York, NY
1992-1993 Neurology Resident, Mount Sinai Medical Center, New NY
York,
1991-1992 Medical Intem, Beth IsraelMedical Center, New NY
York,
1987-1991 MD, Mount SinaiSchool of Medicine, New York, NY
1983-1987 BA, Physical Anthropology; Duke NC
University,Durham,
EMPLOYMENT
2000-Present Neurologist and Pain Management Complete Care. Outpatient
Spedalist, practice providing
treata ent and evaluation ina based dinic.Areas of
community expertiseinclude pain management, rehabilitationmedicine,
...electndagnostic and traumatic braininjury. Practice
testing includes review and interpretation of radiological studies.
1995-2000 Neurologist and Medical Comprehensive Care Of New
Director, York.
Position included the practiceof in a multispecialty
neurology group settingspecializingin trauma, muscaloskeletal and
neuro nuscular disorders.
1993-Present Staff Physician, New York State AthleticCommission. Ringside docton
HOSI ITAL PRIVILEGES
Beth IsraelMedical Cente±, New NY
York,
Peninsula General Hospital, Far NY.
Rockaway,
Long Beach Medical Center, NY
Long Beach,
New York Hospital NY
Queens, Flushing,
BOAE D CERTIFICATION
Diplomate, American Board of and
Psychiatry Neurolog y, certificate
no. 42832, April 1996 (recertified2006)
Diplomate, American of Pain certificate
no.
Academy Management, 6730, Nove-mber 1996
LICE13SING AND QUALIFICATION
Certifiedby the Enforcement
Drug Administration, cegistation no. BH4452708
Qualified to practicemedicine and inthe stateof
surgery NY, licenseno. 190271
Workers'
NYS Compensation Board 190271-7B, CPN-N
National Provider Identifier1508942046
Qualified inRisk Management MLMIC
by
Certifiedin InfectionControl for NYS
RESPARCH EXPERIENCE/TEACHING POSITIONS
2001-Present Adjunct Assistant Clinical Tou±u
Professor, University College of OsteopathicNedicine.
1989 NIH research carpal tunnel
fellowship, syndrome aecondary to amyloidosis in patients long-term
hemoc ialysis. undengolog
1988 NIH research functional evaluation
fellowship, and radiographic findinge in hemophilic arthropathy.
PROF BSIONAL AFFIIlATIONS
Active member, American of
Academy Neurology
Activemember, American of Pain
Acadenly Management
Activemember, American Clinical
Neurophysiology Society
Active member, National Multiple Sclerosis Society
Volunteer, New York State Department of Health Medical Reserve Corp
BilingualE·g/isb/5panish
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PAGE 2
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CBNOBIO CORTES
I,Aric Hausknecht, MD/Stephanie licensed to practice medicine
Dubow, DO, being duly
in the State of New York, pursuant to the applicable provisions of the CPLR, hereby
affirm under the penalty of perjHy, that thestatements contained herein are true and
accurate.
Sineerely,
ARIC HAUSKNBCHT, M.D. STEPHANIB D.O.
DUBOW,
Diplomate, American Board of Psychiatry and Neurology
Diplomate, American Board of Psychiatry andNeurology
Dipiprnate, American Aundamy of Pain Manageracnt
D: 1/6/10
9 of 9
Preview
FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1168 RECEIVED NYSCEF: 11/28/2022 Exhibit “4” FILED: SUFFOLK COUNTY CLERK 11/02/2022 11/28/2022 11:57 05:31 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1081 1168 RECEIVED NYSCEF: 11/02/2022 11/28/2022 SUPREME COURT OF THE STATE OF NEW YORK THE COUNTY OF SUFFOLK ________________________________________________________________x ALICIA M. ARUNDEL; SUZANNE SCHULMAN, as PWNTIFF'S EXPERT administratrix of the ESTATE OF BRITTANY M. EXCHANGE SCHULMAN, deceased; OLGA LIPETS; MINDY PURSUANT GRABINA, as administratrix of the estate of AMY TO C.P.L.R. 3101(d) GRABINA, and MINDY GRABINA, individually; STEVEN BARUCH, as administrator of the ESTATE OF Index No.: 611214/2015 LAUREN BARUCH, deceased, and STEVEN BARUCH, INDIVIDUALLY; JOELLE DIMONTE; MELISSA CRAI; and ARTHUR A. BELLI, Jr., as parent and Natural Guardian of STEPHANIE BELLI, deceased, and Administrator of THE ESTATE OF STEPHANIE BELLI, Plaintiffs, -against- ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICES, INC., STEVEN ROMEO, TOWN OF SOUTHOLD and COUNTY OF SUFFOLK, Defendants. ________________________________________________.._________x Plaintiff, ARTHUR A. BELLI, Jr., as parent and Natural Guardian of STEPHANIE BELLI, deceased, and Administrator of THE ESTATE OF STEPHANIE BELLI, by his attorneys, BLOCK O'TOOLE & MURPHY, LLP, as and for its Notice of Expert Witness Pursuant to C.P.L.R. 3101(d) respectfully submits as follows: Plaintiff expects to call Aric with offices located at East 37th Hausknecht, M.D., 19 Street, New York, New York 10016, as an expert witness at the time of trial. It is expected that Dr. Hausknecht will give testimony concerning the accident that is the subject matter of the action and the injuries sustained by STEPHANIE BELLI as a direct and proximate result of the accident. It is expected that Dr. Hausknecht will testify regarding the medical care and treatment Plaintiff STEPHANIE BELLI underwent as a result of the injuries sustained in the accident and that said injuries 1 of 9 FILED: SUFFOLK COUNTY CLERK 11/02/2022 11/28/2022 11:57 05:31 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1081 1168 RECEIVED NYSCEF: 11/02/2022 11/28/2022 resulted in her death. Dr. Hausknecht will further testify that Plaintiff STEPHANIE BELLI experienced conscious pain and suffering for a time period following the accident. It is expected that Dr. Hausknecht will testify that Plaintiff, STEPHANIE BELLI sustained the injuries enumerated in Plaintiff's Verified Bill of Particulars, dated December 2, 2016, as a direct and proximate result of this accident and that said injuries resulted in conscious pain and suffering and death. It is expected that Dr. Hausknecht's testimony will be based upon his training and experience, his review of all pleadings, all deposition transcripts, all witness statements, records of all emergency responders, all medical records, the Medical Examiner/Autopsy Report and all injury photographs. It is further expected that Dr. Hausknecht will testify in conformity with his narrative report dated September 23, 2022. (A copy of Dr. Hausknecht"s September 23, 2022 narrative report is annexed as "Exhibit "1". "2" Annexed hereto as Exhibit is the Curriculum Vitae of Aric Hausknecht, M.D. PLAINTIFF RESERVES THE RIGHT TO SUPPLEMENT THIS EXPERT WITNESS EXCHANGE UP UNTIL THE TIME OF TRIAL AS SAID EXPERT WILL TESTIFY AS TO HIS EXPERTISE ON THE SUBJECT MATTER OF THIS CASE AND RESERVES THE RIGHT TO SUPPLEMENT HIS OPINION BASED ON THE PROOF, MEDICAL OR OTHERWISE, THAT MAY BEADDUCED AT THE TIME OF TRIAL. 2 of 9 FILED: SUFFOLK COUNTY CLERK 11/02/2022 11/28/2022 11:57 05:31 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1081 1168 RECEIVED NYSCEF: 11/02/2022 11/28/2022 Dated:New York, New York November 1, 2022 Yours etc. JEFFREY A. LOCK BLOCK O'TOOLE & MURPHY, LLP Attorneys for Plaintiff The Estate of Stephanie Belli One Penn Plaza, Suite 5315 New York, NY 10119 (212) 736-5300 3 of 9 FILED: SUFFOLK COUNTY CLERK 11/02/2022 11/28/2022 11:57 05:31 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1081 1168 RECEIVED NYSCEF: 11/02/2022 11/28/2022 EXHIBIT 1 4 of 9 FILED: SUFFOLK COUNTY CLERK 11/02/2022 11/28/2022 11:57 05:31 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1081 1168 RECEIVED NYSCEF: 11/02/2022 11/28/2022 COMPLETE CARE COMPLETE MEDICAL CARE SERVICES OF NY, PC RE: STEPHANIE BELLI (DOB: 04/30/92) DATE: 09/23/22 NEUROLOGIC REPORT- (New York OfEce) To Whom ItMay Concern: HISTORY: Stephanie Belli was a passenger in a motor vehicle accident on 07/18/15. According to a Cutchogue Fire Department alarm report, the firstsignal was 1713. According to a prehospital care report by the Cutchogue Fire Department, a call was received at 1712 due to an MVA at County Route 48 and Depot Lane. The EMT found four female patients pinned between a truck and a portion of the limousine, One patient was hanging out of the window with agonal breathing. He readjusted her airway but the patient could not maintain it. The patient with agonal breathing had a faint pulse. The patients were extricated and transported 1 forfurther medical attention. Doe," According to an EMS callreport on "Jane her upper torso was hanging out of the side of the vehicle. The patient had been extricated and put on a backboard. She was pulseless and apneic and had sustained head trauma. ACLS was administered and intubation was attempted. She was noted to be asystolic at 1754, 1756, and 1757. The patient was pronounced dead in the ambulance at 1757 and taken to the hospital. According to Peconic Bay Medical Center Emergency Room nursing records, the patient had been brought in by EMS and had a traumatic arrest. According to a practitioner note, the patient did not have a pulse and was not breathing. There were no signs of life and her pupils were fixed and dilated. There was deformity of her leftleg. According to a certificate of death, the patient expired on 07/18/15 at 5:57 PM due to multiple blunt impact injuries. According to a report of autopsy by Dr. Rosen, the patient had blunt impact injury of the neck with abrasions of the head, mandibular fractures, transection of the brainstem, and atlanto-occipital disarticulation. The patient had blunt impact injuries of the torso with abrasions and contusions, multiple rib fractures, laceration of the diaphragm and spleen, and bilateral hemothorax. The patient had blunt injuries of the extremities with abrasions and contusions. The cause of death was multiple blunt impact injuries. DISCUSSION: The patient was involved in a motor vehicle accident on 07/18/15. Autopsy records show that she sustained multiple abrasions, fractures, and visceral injuries. With a reasonable degree of medical certainty, the motor vehicle accident of 07/18/15 is the competent producing cause of these injuries. COMPLETE CARE NY MED COMPLETE CARE 19 EAsT37" ST 69-15 AUSTINST 2488 GRAND CONCOURSE, STE 310 NEW YORK, NY 10016 FOREST HILLS, NY 11375 BRONX, NY 10458 (212) 239-2112/ FAx 239-4224 (718) 263-350D/FAx 263-3565 (718) 733-1050/ FAx 733-1025 5 of 9 FILED: SUFFOLK COUNTY CLERK 11/02/2022 11/28/2022 11:57 05:31 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1081 1168 RECEIVED NYSCEF: 11/02/2022 11/28/2022 Page 2 09/23/22 STEPHANIE BELLI Traumatic abrasions, fractures, and lacerations were the competent producing cause of pain and suffering. Based upon the EMS reports, the patient was alive and breathing at 1740. However, she was noted to be unresponsive, pulseless, and apneic at 1744. With a reasonable degree of medical certainty, Ms. Belli was capable of experiencing pain and and did experience pain and suffering from 1712 up until some point in time before she suffering expired at 1744, approximately 30 minutes. . I,Aric Hausknecht, MD, being duly licensed to practice medicine in the State of New York, pursuant to the applicable provisions of the CPLR, hereby affirm under the penalty of perjury, that the statements contained herein are true and accurate. Sincerel Aric Hausknecht, MD Diplomate, American Board of Psychiatry and Neurology Diplomate, American Academy of Pain Management AH/st/sps 6 of 9 FILED: SUFFOLK COUNTY CLERK 11/02/2022 11/28/2022 11:57 05:31 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1081 1168 RECEIVED NYSCEF: 11/02/2022 11/28/2022 EXHIBIT 2 7 of 9 FILED: SUFFOLK COUNTY CLERK 11/02/2022 11/28/2022 11:57 05:31 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1081 1168 RECEIVED NYSCEF: 11/02/2022 11/28/2022 ARIC HAUSXNECHT, MD CURRICULUM VITAE EDUCATION AND TRAINING 1993-1995 Neurologist and Assistant Neatologist, New York Hospital/Cornell Medical Center and Memorial Sloane Kettering Cancer Center,New York, NY 1992-1993 Neurology Resident, Mount Sinai Medical Center, New NY York, 1991-1992 Medical Intem, Beth IsraelMedical Center, New NY York, 1987-1991 MD, Mount SinaiSchool of Medicine, New York, NY 1983-1987 BA, Physical Anthropology; Duke NC University,Durham, EMPLOYMENT 2000-Present Neurologist and Pain Management Complete Care. Outpatient Spedalist, practice providing treata ent and evaluation ina based dinic.Areas of community expertiseinclude pain management, rehabilitationmedicine, ...electndagnostic and traumatic braininjury. Practice testing includes review and interpretation of radiological studies. 1995-2000 Neurologist and Medical Comprehensive Care Of New Director, York. Position included the practiceof in a multispecialty neurology group settingspecializingin trauma, muscaloskeletal and neuro nuscular disorders. 1993-Present Staff Physician, New York State AthleticCommission. Ringside docton HOSI ITAL PRIVILEGES Beth IsraelMedical Cente±, New NY York, Peninsula General Hospital, Far NY. Rockaway, Long Beach Medical Center, NY Long Beach, New York Hospital NY Queens, Flushing, BOAE D CERTIFICATION Diplomate, American Board of and Psychiatry Neurolog y, certificate no. 42832, April 1996 (recertified2006) Diplomate, American of Pain certificate no. Academy Management, 6730, Nove-mber 1996 LICE13SING AND QUALIFICATION Certifiedby the Enforcement Drug Administration, cegistation no. BH4452708 Qualified to practicemedicine and inthe stateof surgery NY, licenseno. 190271 Workers' NYS Compensation Board 190271-7B, CPN-N National Provider Identifier1508942046 Qualified inRisk Management MLMIC by Certifiedin InfectionControl for NYS RESPARCH EXPERIENCE/TEACHING POSITIONS 2001-Present Adjunct Assistant Clinical Tou±u Professor, University College of OsteopathicNedicine. 1989 NIH research carpal tunnel fellowship, syndrome aecondary to amyloidosis in patients long-term hemoc ialysis. undengolog 1988 NIH research functional evaluation fellowship, and radiographic findinge in hemophilic arthropathy. PROF BSIONAL AFFIIlATIONS Active member, American of Academy Neurology Activemember, American of Pain Acadenly Management Activemember, American Clinical Neurophysiology Society Active member, National Multiple Sclerosis Society Volunteer, New York State Department of Health Medical Reserve Corp BilingualE·g/isb/5panish 8 of 9 FILED: SUFFOLK COUNTY CLERK 11/02/2022 11/28/2022 11:57 05:31 AM PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1081 1168 RECEIVED NYSCEF: 11/02/2022 11/28/2022 PAGE 2 1/5/10 CBNOBIO CORTES I,Aric Hausknecht, MD/Stephanie licensed to practice medicine Dubow, DO, being duly in the State of New York, pursuant to the applicable provisions of the CPLR, hereby affirm under the penalty of perjHy, that thestatements contained herein are true and accurate. Sineerely, ARIC HAUSKNBCHT, M.D. STEPHANIB D.O. DUBOW, Diplomate, American Board of Psychiatry and Neurology Diplomate, American Board of Psychiatry andNeurology Dipiprnate, American Aundamy of Pain Manageracnt D: 1/6/10 9 of 9