Preview
FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022
"A"
EXHIBIT
FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022
In the Matter of the Claim of
)
ERHAN BEK, )
)
Claimant(s), )
. )
-agamst-
) NOTICE OF CLAIM
)
CONEY ISLAND HOSPITAL and NEW YORK CITY )
HEALTH AND HOSPITAL CORPORATION, )
)
Respondents. )
)
1. The name post-office address of each claimant and each claimant's attorney is:
Claimant: Attorney:
ERHAN BEK THE PAGAN LAW FIRM, P.C.
c/o Palm Gardens Center 805 Third Avenue, Suite 1205
Nursing & Rehabilitation New York, New York 10028
615 Avenue C
Brooklyn, New York 11218
2. The time when, the place where and the manner in which the claim arose: the claim arose
on February 17, 2021 at and after approximately 4:00 a.m., while the claimant, Erhan Bek (d/o:
09/11/1991) arrived and received medical care and treatment at the Emergency Department (ED), and
upon admission in the Intensive Care Unit (ICU), and at all other parts of the hospital during his
admission from February 17, 2021 continuously through March 24, 2021 at CONEY ISLAND
HOSPITAL, 2601 Ocean Parkway, Brooklyn, New York, which is owned, operated and controlled by
the respondent, NEW YORK CITY HEALTH AND HOSPITAL CORPORATION. Upon
information and belief, claimant's MRN: 1161372; CSN: 56857433. On March 24, 2021 Erhan Bek
was discharged from Coney Island Hospital to Palm Gardens Center Nursing & Rehabilitatior
(hereinafter "nursing home"), 615 Avenue C, Brooklyn, NY 11218 where he remains to date in a total
incapacitated state. See attached letter dated April 29, 2021 from the nursing home by Angel Joy,
MSW Director Social Services. The source of information set forth in this notice of claim, is based
THE PAGAN LAW FIRM, P.G.
FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022
upon the information provided to date by doctors and medical providers at Coney Island Hospital and
the nursing home, to the claimant's next of kin, to wit: his mother ARIFE BEK and his brother
ERTAN BEK, both of whom reside at 1121 Williams Ct.,Brooklyn, NY 11235.
Upon infonnation and belief, the respondents and their physicians, nurses, residents, assistants
therapists, agents, servants employees and/or independent contractors, over whom respondents are
vicariously liable, were negligent, upon information and belief,in failing to follow good and accepted
medical practices and procedures: in failing to timely and/or properly obtain a medical history; ir
failing to timely and/or properly chart and/or maintain the claimant's medical records; in failing tc
timely and/or properly consult the claimant's chart and/or medical records; in failing to timely and/oi
properly diagnose and treat claimant's conditions, including but not limited to shortness of breath anc
neck/jaw stiffness and/or numbness, signs and/or symptoms of cardiac arrest and/or stroke and/or clo1
and/or embolism and/or lack of oxygen or anoxic brain injury or cerebral hypoxia; in failing to timely
and/or properly work up and/or prevent cardiac arrest and/or stroke or other conditions; in hiring
retaining, contracting with persons that failed to follow accepted and standard emergency
medicine, cardiac medicine, intensive care medicine, medical, surgical, pulmonary, cardiac,
infectious disease, neurological and/or nursing practices and procedures; in hiring, retaining
contracting with persons that failed to timely and/or properly assess, work up and/or monitor the
claimant and who failed to order and/or administer timely and/or proper medical, diagnostic and/or
cardiac, neurologic, pulmonary, therapeutic and/or other work up, care and/or treatment as
required under the circumstances presenting; in failing to timely and/or properly order and obtain
diagnostic imaging, serial imaging and/or diagnostic procedures; in hiring, retaining, contracting
with persons that failed to render or provide proper medical, interventional, surgical, and nursing
care, treatment, services, and advice to claimant; in offering services by persons that rendered and
provided improper, inadequate, and negligent medical, surgical, nursing, treatment, care, services,
and advice to claimant; in hiring, retaining, contracting with persons that failed to be timely and/or
THE PAGAN LAW FIRM, PM.
FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022
properly cognizant and aware of the complaints, signs, symptoms, pains, and sensations
experienced by the claimant; that further failed to adequately examine and evaluate claimant's
condition at all times of treatment and particularly during his ED and ICU presentation and
admission; in failing to timely and/or properly order and/or administer medication; in failing tc
administer medication timely and/or properly and/or with proper dosage, frequency and/or
duration; in failing to timely and/or properly request or obtain consults; in failing to timely and/or
properly diagnose conditions; in hiring, retaining, contracting with persons that failed to properly
and timely examine claimant's conditions at all times; in failing to timely and/or properly surveil
the claimant; in failing to timely and/or properly obtain informed consent for procedures; in hiring,
retaining, contracting with persons that negligently administered care and treatment upon claimant
and caused severe and permanent injury to the claimant including but not limited to heart attack
and/or stroke causing him to be and remain completely incapacitated, on a ventilator and
necessitating transfer on March 24, 2021 to date, to long term nursing and rehabilitation at Palm
Gardens Center for Nursing and Rehabilitation located at 615 Avenue C, Brooklyn, NY; in using
improper procedures; in hiring, retaining, contracting with persons that failed to request, seek, 01
obtain necessary, proper, indicated and appropriate consultations during claimant's presentation
to the ED and admission to the ICU and hospital; in hiring, retaining, contracting with persons tha1
failed and neglected to timely, and properly note and detennine the claimant's conditions and treat
in accordance with accepted medical practice and procedures; in hiring, retaining, contracting witb
persons that failed to render a timely and proper diagnosis of claimant's symptoms and conditions
in accordance with accepted medical practices and procedures; in hiring, retaining, contracting
with persons that failed to have the necessary and proper laboratory tests, cultures, diagnostic tests
and other procedures rendered in a timely fashion; in hiring, retaining, contracting with persons
that failed to order necessary and appropriate diagnostic tests, cultures and studies and procedures;
in hiring, retaining, contracting with persons failed to be cognizant and aware of the results
THE PAGAN LAW FIRM, P. .
FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022
findings and/or consequences of the tests, examinations, procedures, treatment and/or techniques
performed on claimant; in hiring, retaining, contracting with persons that failed to take a proper
medical history of the claimant; in failing to timely and/or properly assess historical and current
vital signs and clinical signs at all times; in failing to timely and/or properly assess historical and
contemporaneous presentations of the claimant at alltimes; in increasing the risk and failure to
prevent the claimant's injuries and conditions including but not limited to heart attack and/or stroke
and other medical events; in hiring, retaining, contracting with persons that failed to properly
examine, treat, diagnose and/or monitor claimant during his ED and ICU and admission
presentations; in hiring, retaining, contracting with persons that failed to properly supervise the
nursing, medical, treatment, services, and advice rendered to the claimant; in failing to properly
monitor the medical and nursing staff; in failing to have the appropriate and necessary medical
personnel with suitable background, training, experience and skills to properly examine, diagnose
and administer treatment to claimant in accordance with accepted medical standards; in permitting
personnel, staff, physicians to make untimely, improper, and inadequate entries into medical and
hospital records and charts maintained with respect to the treatment and care of claimant; in
permitting personnel, staff, and physicians to fail to be cognizant and aware of hospital rules,
protocols, standards and procedures with regard to the care and treatment of claimant; in
abandoning claimant to the nature of his conditions; in failing to timely and/or properly assess
and/or provide timely and/or proper feeding and/or nutrition; in causing and/or contributing to
claimant's malnutrition; in neglecting the claimant when he was completely unable to care and/or
manage for himself in any respect; in compromising the claimant's ability to recover; in failing tc
timely and/or properly optimize the claimant; in causing a delay in the diagnosis and treatment of
claimant's conditions; in failing to obtain appropriate consultations; in failing to perform additional
diagnostic testing for claimant's signs and symptoms including radiological and interventional
radiology and/or interventional diagnostic procedures; and claimant having been injured by the acts of
THE PAGAN LAW FIRM, P. 1
FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022
the Respondents, their agents, servants, employees and/or independent contractors while under the
Respondent's care and treatment without any negligence on the part of the claimant in any way
contributing thereto, the occurrence of the negligence and malpractice of the Respondent, itsagents
servants, employees, and/or independent contractors, claimant will rely upon the Doctrine of Res Ipso
Loquitur.
3. The items of d amage or injuries claimed for the claimant are: cardiac arrest and/or stroke
and/or anoxic brain injury and/or cerebral hypoxia; permanent physical injuries including but not
limited to complete physical and mental incapacitation and permanent brain injuries and/or othei
injuries including but not limited to brain/neurological injuries; profound pain and suffering and mental
anguish; inability to walk, communicate and/or perform activities of daily living and/or live
independently; loss of enjoyment of life; physical and emotional pain and suffering; pecuniary
damages including lifetime medical, therapy, ventilator support, adaptive equipment costs, nursing
care, companion care, physical and OT therapy care and therapeutic costs, potential future medical and
life care costs and loss of earnings and other damages;
Claimant demands payment of in excess of jurisdictional limits of alllower courts plus interest
costs, and disbursements.
The undersigned claimant(s) therefore present this claim for adjustments and payment. You
are hereby notified that unless itis adjusted and paid within the time provided by law from the date of
presentation to you, the claimants intend to commence an action on this claim.
Dated: New New York ,/
York,
May 4, 2021
Ta a . Pagati, sq.
THE P†AN LAW RM, P.C.
805 T Aven e, S tite1205
New ork, New k 10022
212-967-8202
THE PAGAN LAW FIRM,P .
FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022
ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
COUNTY OF NEW YORK)ss.:
I,the undersigned, an attorney admitted to practice in the Courts of New York State, state that ]
am a member of THE PAGAN LAW FIRM, P.C. the attorneys of record for the claimant in the withir
action; I have read the foregoing
NOTICE OF CLAIM
and know the contents thereof; the same istrue to my knowledge, except as to the matters therein stated
to be alleged on information and belief, and as to those matters, I believe itto be true. The reason this
verification is made by me and not by claimant is that deponent maintains offices outside the County
in which claimant resides and is incapacitated.
The grounds of my belief as to all matters not stated upon my own knowledge, are as follows:
entire file maintained in your affirmant's offices; investigations, etc.
I affinn that the foregoing statements are true, under the penalties of perjuiy.
Dated: New York, New York
May 4, 2021
Ta a . Pajja , Esq.
THE PAGAN LAW FIRM, P.
FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022
PALM GARDENS CENTER
N U R 3 1 N G & R L. H A H 1 l. 1 I A t ! O N
615 Avenue C, Brooklyn, NY 11218 | T: 718-633-3300 | F:.718-633-3320
April 29, 2021
RE: Bek, Erhan DOB 09/11/1991
To Whom It May Concern:
Mr. Erhan Bek is a resident at our facility, Palm Gardens Center for
Nursing and Rehabilitation since March 24, 2021. He was admitted for placement
on the Respiratory Unit and has dx: Cardiac arrest, Respiratory Failure S/P
Trach. He is on ventilator support at this time and requires total assistance with
activities of daily fiving. Mr. Bek is nonverbal and severely impaired in cognition;
he cannot make any financial or medical decisions at this time. He requires total
assist with activities of daily living is residing here for long term placement at this
time secondary to her medical condition. His family (mother and siblings) has
been making all decisions for him at this time.
Please feel free to contact me with any questions or concerns regarding
this matter. Thank you for your time and consideration.
Sincerely,
Palm Gardens Center forfor Angel Joy
Nursing &
615 Rehabilitation
Avenue C MSW
Brooklyn, NY 11218
Director, Social Services
718-633-3300 .
EXT 318
palmgardenscenter,com
FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022
In the Matter of the Claim of
ERHAN BEK, )
)
Claimant(s), )
. )
-against-
)
CONEY ISLAND HOSPITAL and NEW YORK CITY )
HEALTH AND HOSPITAL CORPORATION, )
)
Respondents )
)
)
NOTICE OF CLAIM
THE PAGAN LAW FIRM, P.C.
Attorneys for Claimant
805 Third Avenue, Suite 1205
New York, New York 10022
212-967-8202
To:
THE PAGAN LAW FIRM, P. .
FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022
bowes
pitney
Confirmation Services Summary Report
DateRange:May4,2021to May4,2021
MeterGroup:Custom
Meter7H00-1297033 PAGAN
atWILLIAM ASSC,NEW
YORK,NY,USA
ConfirmationServicesSummary
ReportDate:
._ _T. . . Postage
+ FeesDestination
21pCodeCustomer
Reference
94890090002763D3947772
1297033 902845649
04-MAY-21
03:44PMLarge
Env (E.)Certified
Mail $7.450 10013
Other
Fees
FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022
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FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022
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FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022
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FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022
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FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022 "A" EXHIBIT FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022 In the Matter of the Claim of ) ERHAN BEK, ) ) Claimant(s), ) . ) -agamst- ) NOTICE OF CLAIM ) CONEY ISLAND HOSPITAL and NEW YORK CITY ) HEALTH AND HOSPITAL CORPORATION, ) ) Respondents. ) ) 1. The name post-office address of each claimant and each claimant's attorney is: Claimant: Attorney: ERHAN BEK THE PAGAN LAW FIRM, P.C. c/o Palm Gardens Center 805 Third Avenue, Suite 1205 Nursing & Rehabilitation New York, New York 10028 615 Avenue C Brooklyn, New York 11218 2. The time when, the place where and the manner in which the claim arose: the claim arose on February 17, 2021 at and after approximately 4:00 a.m., while the claimant, Erhan Bek (d/o: 09/11/1991) arrived and received medical care and treatment at the Emergency Department (ED), and upon admission in the Intensive Care Unit (ICU), and at all other parts of the hospital during his admission from February 17, 2021 continuously through March 24, 2021 at CONEY ISLAND HOSPITAL, 2601 Ocean Parkway, Brooklyn, New York, which is owned, operated and controlled by the respondent, NEW YORK CITY HEALTH AND HOSPITAL CORPORATION. Upon information and belief, claimant's MRN: 1161372; CSN: 56857433. On March 24, 2021 Erhan Bek was discharged from Coney Island Hospital to Palm Gardens Center Nursing & Rehabilitatior (hereinafter "nursing home"), 615 Avenue C, Brooklyn, NY 11218 where he remains to date in a total incapacitated state. See attached letter dated April 29, 2021 from the nursing home by Angel Joy, MSW Director Social Services. The source of information set forth in this notice of claim, is based THE PAGAN LAW FIRM, P.G. FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022 upon the information provided to date by doctors and medical providers at Coney Island Hospital and the nursing home, to the claimant's next of kin, to wit: his mother ARIFE BEK and his brother ERTAN BEK, both of whom reside at 1121 Williams Ct.,Brooklyn, NY 11235. Upon infonnation and belief, the respondents and their physicians, nurses, residents, assistants therapists, agents, servants employees and/or independent contractors, over whom respondents are vicariously liable, were negligent, upon information and belief,in failing to follow good and accepted medical practices and procedures: in failing to timely and/or properly obtain a medical history; ir failing to timely and/or properly chart and/or maintain the claimant's medical records; in failing tc timely and/or properly consult the claimant's chart and/or medical records; in failing to timely and/oi properly diagnose and treat claimant's conditions, including but not limited to shortness of breath anc neck/jaw stiffness and/or numbness, signs and/or symptoms of cardiac arrest and/or stroke and/or clo1 and/or embolism and/or lack of oxygen or anoxic brain injury or cerebral hypoxia; in failing to timely and/or properly work up and/or prevent cardiac arrest and/or stroke or other conditions; in hiring retaining, contracting with persons that failed to follow accepted and standard emergency medicine, cardiac medicine, intensive care medicine, medical, surgical, pulmonary, cardiac, infectious disease, neurological and/or nursing practices and procedures; in hiring, retaining contracting with persons that failed to timely and/or properly assess, work up and/or monitor the claimant and who failed to order and/or administer timely and/or proper medical, diagnostic and/or cardiac, neurologic, pulmonary, therapeutic and/or other work up, care and/or treatment as required under the circumstances presenting; in failing to timely and/or properly order and obtain diagnostic imaging, serial imaging and/or diagnostic procedures; in hiring, retaining, contracting with persons that failed to render or provide proper medical, interventional, surgical, and nursing care, treatment, services, and advice to claimant; in offering services by persons that rendered and provided improper, inadequate, and negligent medical, surgical, nursing, treatment, care, services, and advice to claimant; in hiring, retaining, contracting with persons that failed to be timely and/or THE PAGAN LAW FIRM, PM. FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022 properly cognizant and aware of the complaints, signs, symptoms, pains, and sensations experienced by the claimant; that further failed to adequately examine and evaluate claimant's condition at all times of treatment and particularly during his ED and ICU presentation and admission; in failing to timely and/or properly order and/or administer medication; in failing tc administer medication timely and/or properly and/or with proper dosage, frequency and/or duration; in failing to timely and/or properly request or obtain consults; in failing to timely and/or properly diagnose conditions; in hiring, retaining, contracting with persons that failed to properly and timely examine claimant's conditions at all times; in failing to timely and/or properly surveil the claimant; in failing to timely and/or properly obtain informed consent for procedures; in hiring, retaining, contracting with persons that negligently administered care and treatment upon claimant and caused severe and permanent injury to the claimant including but not limited to heart attack and/or stroke causing him to be and remain completely incapacitated, on a ventilator and necessitating transfer on March 24, 2021 to date, to long term nursing and rehabilitation at Palm Gardens Center for Nursing and Rehabilitation located at 615 Avenue C, Brooklyn, NY; in using improper procedures; in hiring, retaining, contracting with persons that failed to request, seek, 01 obtain necessary, proper, indicated and appropriate consultations during claimant's presentation to the ED and admission to the ICU and hospital; in hiring, retaining, contracting with persons tha1 failed and neglected to timely, and properly note and detennine the claimant's conditions and treat in accordance with accepted medical practice and procedures; in hiring, retaining, contracting witb persons that failed to render a timely and proper diagnosis of claimant's symptoms and conditions in accordance with accepted medical practices and procedures; in hiring, retaining, contracting with persons that failed to have the necessary and proper laboratory tests, cultures, diagnostic tests and other procedures rendered in a timely fashion; in hiring, retaining, contracting with persons that failed to order necessary and appropriate diagnostic tests, cultures and studies and procedures; in hiring, retaining, contracting with persons failed to be cognizant and aware of the results THE PAGAN LAW FIRM, P. . FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022 findings and/or consequences of the tests, examinations, procedures, treatment and/or techniques performed on claimant; in hiring, retaining, contracting with persons that failed to take a proper medical history of the claimant; in failing to timely and/or properly assess historical and current vital signs and clinical signs at all times; in failing to timely and/or properly assess historical and contemporaneous presentations of the claimant at alltimes; in increasing the risk and failure to prevent the claimant's injuries and conditions including but not limited to heart attack and/or stroke and other medical events; in hiring, retaining, contracting with persons that failed to properly examine, treat, diagnose and/or monitor claimant during his ED and ICU and admission presentations; in hiring, retaining, contracting with persons that failed to properly supervise the nursing, medical, treatment, services, and advice rendered to the claimant; in failing to properly monitor the medical and nursing staff; in failing to have the appropriate and necessary medical personnel with suitable background, training, experience and skills to properly examine, diagnose and administer treatment to claimant in accordance with accepted medical standards; in permitting personnel, staff, physicians to make untimely, improper, and inadequate entries into medical and hospital records and charts maintained with respect to the treatment and care of claimant; in permitting personnel, staff, and physicians to fail to be cognizant and aware of hospital rules, protocols, standards and procedures with regard to the care and treatment of claimant; in abandoning claimant to the nature of his conditions; in failing to timely and/or properly assess and/or provide timely and/or proper feeding and/or nutrition; in causing and/or contributing to claimant's malnutrition; in neglecting the claimant when he was completely unable to care and/or manage for himself in any respect; in compromising the claimant's ability to recover; in failing tc timely and/or properly optimize the claimant; in causing a delay in the diagnosis and treatment of claimant's conditions; in failing to obtain appropriate consultations; in failing to perform additional diagnostic testing for claimant's signs and symptoms including radiological and interventional radiology and/or interventional diagnostic procedures; and claimant having been injured by the acts of THE PAGAN LAW FIRM, P. 1 FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022 the Respondents, their agents, servants, employees and/or independent contractors while under the Respondent's care and treatment without any negligence on the part of the claimant in any way contributing thereto, the occurrence of the negligence and malpractice of the Respondent, itsagents servants, employees, and/or independent contractors, claimant will rely upon the Doctrine of Res Ipso Loquitur. 3. The items of d amage or injuries claimed for the claimant are: cardiac arrest and/or stroke and/or anoxic brain injury and/or cerebral hypoxia; permanent physical injuries including but not limited to complete physical and mental incapacitation and permanent brain injuries and/or othei injuries including but not limited to brain/neurological injuries; profound pain and suffering and mental anguish; inability to walk, communicate and/or perform activities of daily living and/or live independently; loss of enjoyment of life; physical and emotional pain and suffering; pecuniary damages including lifetime medical, therapy, ventilator support, adaptive equipment costs, nursing care, companion care, physical and OT therapy care and therapeutic costs, potential future medical and life care costs and loss of earnings and other damages; Claimant demands payment of in excess of jurisdictional limits of alllower courts plus interest costs, and disbursements. The undersigned claimant(s) therefore present this claim for adjustments and payment. You are hereby notified that unless itis adjusted and paid within the time provided by law from the date of presentation to you, the claimants intend to commence an action on this claim. Dated: New New York ,/ York, May 4, 2021 Ta a . Pagati, sq. THE P†AN LAW RM, P.C. 805 T Aven e, S tite1205 New ork, New k 10022 212-967-8202 THE PAGAN LAW FIRM,P . FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) COUNTY OF NEW YORK)ss.: I,the undersigned, an attorney admitted to practice in the Courts of New York State, state that ] am a member of THE PAGAN LAW FIRM, P.C. the attorneys of record for the claimant in the withir action; I have read the foregoing NOTICE OF CLAIM and know the contents thereof; the same istrue to my knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters, I believe itto be true. The reason this verification is made by me and not by claimant is that deponent maintains offices outside the County in which claimant resides and is incapacitated. The grounds of my belief as to all matters not stated upon my own knowledge, are as follows: entire file maintained in your affirmant's offices; investigations, etc. I affinn that the foregoing statements are true, under the penalties of perjuiy. Dated: New York, New York May 4, 2021 Ta a . Pajja , Esq. THE PAGAN LAW FIRM, P. FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022 PALM GARDENS CENTER N U R 3 1 N G & R L. H A H 1 l. 1 I A t ! O N 615 Avenue C, Brooklyn, NY 11218 | T: 718-633-3300 | F:.718-633-3320 April 29, 2021 RE: Bek, Erhan DOB 09/11/1991 To Whom It May Concern: Mr. Erhan Bek is a resident at our facility, Palm Gardens Center for Nursing and Rehabilitation since March 24, 2021. He was admitted for placement on the Respiratory Unit and has dx: Cardiac arrest, Respiratory Failure S/P Trach. He is on ventilator support at this time and requires total assistance with activities of daily fiving. Mr. Bek is nonverbal and severely impaired in cognition; he cannot make any financial or medical decisions at this time. He requires total assist with activities of daily living is residing here for long term placement at this time secondary to her medical condition. His family (mother and siblings) has been making all decisions for him at this time. Please feel free to contact me with any questions or concerns regarding this matter. Thank you for your time and consideration. Sincerely, Palm Gardens Center forfor Angel Joy Nursing & 615 Rehabilitation Avenue C MSW Brooklyn, NY 11218 Director, Social Services 718-633-3300 . EXT 318 palmgardenscenter,com FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022 In the Matter of the Claim of ERHAN BEK, ) ) Claimant(s), ) . ) -against- ) CONEY ISLAND HOSPITAL and NEW YORK CITY ) HEALTH AND HOSPITAL CORPORATION, ) ) Respondents ) ) ) NOTICE OF CLAIM THE PAGAN LAW FIRM, P.C. Attorneys for Claimant 805 Third Avenue, Suite 1205 New York, New York 10022 212-967-8202 To: THE PAGAN LAW FIRM, P. . FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022 bowes pitney Confirmation Services Summary Report DateRange:May4,2021to May4,2021 MeterGroup:Custom Meter7H00-1297033 PAGAN atWILLIAM ASSC,NEW YORK,NY,USA ConfirmationServicesSummary ReportDate: ._ _T. . . Postage + FeesDestination 21pCodeCustomer Reference 94890090002763D3947772 1297033 902845649 04-MAY-21 03:44PMLarge Env (E.)Certified Mail $7.450 10013 Other Fees FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022 Tracking® Fª°= > USPS Track Another Package + Remove X Tracking Number: 9489009000276303947772 Your item was delivered to the front desk, reception area, or mail room at 5:17 pm on May 12, 2021 in NEW YORK, NY 10013. / Delivered, Front Desk/Reception/Mail Room May 12, 2021 at 5:17 pm NEW YORK, NY 10013 Get Updates v Text & Email Updates Tracking History May 12, 2021, 5:17 pm Delivered, Front Desk/Reception/Mail Room NEW YORK, NY 10013 Your item was delivered to the front desk, reception area, or mail room at 5:17 pm on May 12, 2021 in NEW YORK, NY 10013. May 11, 2021, 5:31 pm Attempted - No Access to Location Delivery Delivery NEW YORK, NY 10013 FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022 NYSCEF DOC.11, NO. 2021, 3 4:56 pm RECEIVED NYSCEF: 05/16/2022 May Arrived at Post Office NEW YORK, NY 10013 May 10, 2021 In Transit to Next Facility May 9, 2021, 10:24 pm Departed USPS Regional Facility NEW YORK NY DISTRIBUTION CENTER May 9, 2021, 9:00 am Arrived at USPS Regional Facility NEW YORK NY DISTRIBUTION CENTER May 8, 2021, 7:15 am Departed USPS Regional Facility SEATTLE WA DISTRIBUTION CENTER May 7, 2021, 3:32 pm Arrived at USPS Regional Facility SEATTLE WA DISTRIBUTION CENTER May 5, 2021, 7:40 pm Arrived at USPS Regional Facility NEW YORK NY DISTRIBUTION CENTER May 5, 2021, 6:25 pm Accepted at USPS Origin Facility NEW YORK, NY 10022 May 4, 2021 Pre-Shipment Info Sent to USPS, USPS Awaiting Item Product Information FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022 NYSCEF DOC. NO. 3 See Less A RECEIVED NYSCEF: 05/16/2022 Can't find what you're looking for? Go to our FAQs section to find answers to your questions. tracking FAQs FILED: KINGS COUNTY CLERK 05/16/2022 05:02 PM INDEX NO. 514268/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 05/16/2022 n Complete Items1,2, and 3. Print your A agnatme name and addresson the reverse so that we can returnthe card to you. a Attachthis Agent card to the back of or on the front the mailpiece, E Received O Addressee if spacepermits. by(PrintedName) C. Date of 1. Article Addressed Delivery to: D. is deliv clifferentfrom item 17 O Ws If Y eliv /aÆdiessbelow: O No 3. Service Type o mmsignature O PdornyMan D AdukSignature Expresa® a Registaeauaism 9590 9402 6135 Restricted 0209 2594 57 DeliveryDR MallRestricted 7 Am,a- v..se., estnctedDenvery n0,.e m.J.., ..~...·^^ m-n O Collecton o Return ror tw-a Delivery Memba y Restricted O DeliverySignature Confirmation" PS Form 3811, July 2015PSN 7530-02-000-0053 Domestic Return Receipt