Preview
FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x
I TERRANCE SLYMAN and MARIA SLYMAN,
Plaintiffs, VERIFIED ANSWER
- against - Index No. 805021/17
PETER J. STAHL, M.D., JEFFREY NEWHOUSE,
M.D., and COLUMBIA UNIVERSITY MEDICAL
CENTER UROLOGY,
Defendants.
x
Defendant, THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW
YORK,s/h/a "COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY", by its attorneys,
AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, as and for its Verified Answer to
plaintiffs' Complaint, respectfully shows to this Court and alleges upon information and belief:
AS AND FOR THE FIRST CAUSE OF ACTION
1. Denies the allegations contained in paragraph "1" except admits that THE
TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK s/h/a
"COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY" was and is a professional not-
for-profit corporation duly organized and existing through and by virtue of the laws of the State
of New York.
2. Denies knowledge or information sufficient to form a belief as to the truth of
allegations contained in paragraphs "3", "6", "7","8" and "9".
3. Denies the allegations contained in paragraph "4" except admits that PETER J.
STAHL, M.D., was an employee of THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE
CITY OF NEW YORK s/h/a "COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY".
(01963190.DOCX)
1 of 42
FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017
4. Denies the allegations contained in paragraph "5" in the form alleged.
5. Denies knowledge or information sufficient to form a belief as to the truth of
allegations contained in paragraphs "10", "11", "12", "13", "14", "15" and "16" and respectfully
refers to the relevant medical records.
6. Denies the allegations contained in paragraphs "17","18","19" and "20".
7. Denies the allegations contained in paragraphs "21" and respectfully refers all
questions of law to this Honorable Court.
AS AND FOR THE SECOND CAUSE OF ACTION
8. In response to paragraph "22", repeats each admission or denial contained in
paragraphs "1" through "21" herein as though fully set forth hereat.
9. Denies the allegations contained in paragraph "23".
10. Denies the allegations contained in paragraph "24" and respectfully refers all
questions oflaw to this Honorable Court.
AS AND FOR THE THIRD CAUSE OF ACTION
11. In response to paragraph "25", repeats each admission or denial contained in
paragraphs "1" through "24" herein as though fully set forth hereat.
12. Denies knowledge or information sufficient to form a belief as to the truth of
allegations contained in paragraph "26".
13. Denies the allegations contained in paragraph "27".
14. Denies the allegations contained in paragraph "28" and respectfully refers all
questions of law to this Honorable Court.
AS AND FOR THE FIRST AFFIRMATIVE DEFENSE
15. The answering defendant assert those applicable defenses for which provision is made
at Public Health Law §2805-d.
{01963190DOCX 2
2 of 42
FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017
AS AND FOR THE SECOND AFFIRMATIVE DEFENSE
16. The liability of the answering defendant, if any, is limited pursuant to CPLR Article
16.
AS AND FOR THE THIRD AFFIRMATIVE DEFENSE
17. That the injuries claimed by plaintiffs in the complaint were cause in whole or in part,
by the culpable conduct of the plaintiffs which either bars the claims completely or else
diminishes the damages by the proportion that such culpable conduct of the plaintiffs bears to the
total culpable conduct causing the injuries.
AS AND FOR THE FOURTH AFFIRMATIVE DEFENSE
18. That the plaintiff has been or will be compensated in whole or in part for the damages
claimed in the complaint by a collateral source of payment as set forth in CPLR §4545.
WHEREFORE,defendant, THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF
NEW YORK, s/h/a "COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY", demands
judgment dismissing the Complaint, together with the costs and disbursements ofthe within action.
Dated: New York, New York
April 4, 2017
Yours, etc.,
BY: Neil F. Brenes
AARONSON RAPPAPORT FEINSTEIN
& DEUTSCH,LLP
Attorneys for Defendant
THE TRUSTEES OF COLUMBIA
UNIVERSITY IN THE CITY OF NEW YORK
s/h/a"COLUMBIA UNIVERSITY MEDICAL
CENTER UROLOGY"
Office & P.O. Address
600 Third Avenue
New York, New York 10016
Tel.: (212)593-6700
{01963190.DOCX } 3
=
3 of 42
FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x
TERRANCE SLYMAN and MARIA SLYMAN,
Plaintiffs, NOTICE OF DEPOSITION
- against - Index No. 805021/17
PETER J. STAHL, M.D., JEFFREY NEWHOUSE,
M.D., and COLUMBIA UNIVERSITY MEDICAL
CENTER UROLOGY,
Defendants.
SIR/MADAM:
PLEASE TAKE NOTICE,that we will take the deposition of the following
parties or persons, before a Notary Public not affiliated with any of the parties or their attorneys,
on all relevant and material issues, as authorized by Article 31 of the CPLR:
TERRANCE SLYMAN and MARIA SLYMAN
DATE: July 26,2017
TIME: 10:00 A.M.
PLACE: AARONSON RAPPAPORT FEINSTEIN & DEUTSCH,LLP
600 Third Avenue
New York, New York 10016
1
{01962884DOCX }
5
4 of 42
FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017
PLEASE TAKE FURTHER NOTICE,that the persons to be examined are
required to produce all books, records and papers in their custody and possession that may be
relevant to the issues herein.
Dated: New York, New York
April 4,2017
YoUrs,
L./
BY: Neil F. Brenes
AARONSON RAPPAPORT FEINSTEIN &
DEUTSCH,LLP
Attorneys for Defendant
THE TRUSTEES OF COLUMBIA UNIVERSITY
IN THE CITY OF NEW YORK s/h/a
"COLUMBIA UNIVERSITY MEDICAL CENTER
UROLOGY"
Office & P.O. Address
600 Third Avenue
New York, New York 10016
(212)593-6700
To: ROSENBERG,MINC,FALKOFF & WOLFF
Attorneys for Plaintiffs
122 East 42nd Street - Suite 3800
New York, New York 10168
(212)697-9280
Your File No.: 31004
01962884.DOCX } -2-
5 of 42
FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x
TERRANCE SLYMAN and MARIA SLYMAN,
Plaintiffs, DEMAND FOR EXPERT
WITNESS INFORMATION
- against -
Index No. 805021/17
PETER J. STAHL, M.D., JEFFREY NEWHOUSE,
M.D., and COLUMBIA UNIVERSITY MEDICAL
CENTER UROLOGY,
Defendants.
x
SIR/MADAM:
PLEASE TAKE NOTICE, that demand is hereby made upon you, pursuant to CPLR
§3101(d)(1) to disclose the following information:
1. Disclose each person plaintiff(s) expect(s)to call as an expert witness at trial.
2. Disclose in reasonable detail the qualifications of each expert witness. Include
the following:
a) Where did the expert attend medical school and when did he or she
graduate?
b) Did the expert attend internship, residency and/or fellowship programs: If
so, where and when?
c) Does the expert specialize in any areas of medicine?
d) Is the expert Board Certified in any areas of medicine?
e) Is the expert licensed to practice medicine in the United States? If so,
where and when was he or she licensed?
f) What are the expert's hospital affiliations, if any?
3. With respect to each and every act or omission which you will claim as the basis
of the alleged malpractice of the defendant(s) herein, disclose in detail the substance of the facts
and opinions upon which each expert is expected to testify and a summary of the grounds for
each expert's opinion, to include reference to the following:
a) The condition or conditions which it is claimed the defendant(s) undertook
to treat and upon which plaintiff s(s') complaint(s) is/are based;
01962886.DOCX)
6 of 42
FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017
b) A statement of the accepted medical practices, customs and medical
standards which it is claimed were violated by the defendant(s) herein in
each of the acts or omissions claimed to be the basis of the liability against
it(them);
c) The manner in which the defendant(s) herein departed from the above
accepted medical practices, customs and standards;
d) If the plaintiff(s) claim(s) that the defendant(s) ignored or improperly
interpreted complaints, signs, symptoms or conditions; made an erroneous
diagnosis; failed to make a proper diagnosis; improperly treated the
plaintiff(s); failed to take proper tests; improperly took or administered
tests; failed to perform a proper physical examination; set forth:
The complaints, signs, symptoms or conditions that the
defendant(s) failed to interpret properly;
(ii) The proper interpretation, which plaintiff(s) claims should have I
been reached or made;
(iii) In what respect the diagnosis was erroneous and incorrect;
(iv) The claimed proper diagnosis;
(v) The improper treatment which it is alleged was rendered;
(vi) The treatment which it is claimed by plaintiff(s) should have been
rendered;
(vii) The name and/or description of each and every test defendant(s)
failed to take or administer;
(viii) The name of each and every test the defendant(s) improperly took
or had administered or taken;
(ix) The manner in which it is claimed such test(s) should have bee
administered or taken;
(x) A description of the physical examination performed;
(xi) The manner in which it is claimed such physical examination I
should have been performed.
e) If it is alleged that the defendant(s) herein improperly performed a surgica
procedure or that it was contraindicated and/or unnecessary, set forth:
(i) The name of each surgical procedure and the date it was
performed;
{01962886.DOCX) -2-
7 of 42
FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017
(ii) The surgical procedure which it is claimed was contraindicated
and/or unnecessary;
(iii) In which manner the aforesaid surgical procedure was contraindi-
cated;
(iv) In what manner the aforesaid surgical procedure was improperly
performed;
(v) In what manner the aforesaid surgical procedure should have been I
performed.
0 If any of the claims of medical malpractice relate to the prescribing of a
drug or medication, state:
The name of each drug or medication prescribed;
(ii) The dates(s) of each prescription;
(iii) The drugstore(s) where each prescription filled;
(iv) The number of times each prescription was filled;
(v) The pharmacy number ofeach prescription.
g) If the plaintiff claims that the defendant(s) herein administered improper,
inappropriate and/or contraindicated drugs, administered proper drugs in
incorrect dosages, set forth:
(i) The generic and trade name of each and every improper and/or
contraindicated drug which was administered or prescribed;
(ii) The name of each proper drug allegedly administered incorrectly
or in incorrect dosages;
(i ) The manner in which it is claimed each such drug should have
been administered and/or the correct dosage thereof, or the proper, I
appropriate and/or indicated drug.
(01962886.DOCX) -3-
8 of 42
FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017
PLEASE TAKE FURTHER NOTICE, that failure to comply with the said
demand within sixty (60) days from the last timely service of an answer herein, pursuant to 22
NYCRR 202.56(a)(1)(vi), will result in a motion for an order precluding the introduction, at the
time of trial, of any testimony conceming alleged departures from medical standards of care,
proximately caused injuries, or economic damages.
Dated: New York, New York
April 4, 2017
Youts, etc.
BY: Neil F. Brenes
AARONSON RAPPAPORT FEINSTEIN &
DEUTSCH,LLP
Attorneys for Defendant
THE TRUSTEES OF COLUMBIA UNIVERSITY
IN THE CITY OF NEW YORK s/h/a
"COLUMBIA UNIVERSITY MEDICAL CENTER
UROLOGY"
Office & P.O. Address
600 Third Avenue
New York, New York 10016
(212)593-6700
To: ROSENBERG,MINC,FALKOFF & WOLFF
Attorneys for Plaintiffs
122 East 42nd Street - Suite 3800
New York, New York 10168
(212)697-9280
Your File No.: 31004
(01962886.DOCX -4-
9 of 42
FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x
TERRANCE SLYMAN and MARIA SLYMAN,
Plaintiffs, NOTICE TO PRODUCE NAMES
AND ADDRESSES OF WITNESES
- against -
Index No. 805021/17
PETER J. STAHL,M.D., JEFFREY NEWHOUSE,
M.D., and COLUMBIA UNIVERSITY MEDICAL
CENTER UROLOGY,
Defendants.
x
SIR/MADAM:
PLEASE TAKE NOTICE, that pursuant to CPLR §3101, all counsel are required to
produce any and all names and addresses of persons:
1. Claimed to have witnessed the acts of omission or commission alleged in the
complaint;
2. Claimed to have firsthand knowledge of the acts of omission or commission
alleged in the complaint;
3. Claimed to be witnesses to any acts, omissions or conditions which allegedly1
caused the occurrence alleged in the complaint;
4. Claimed to be witnesses to any communications involving the defendant
which plaintiff may seek to introduce at trial; and
5. If plaintiffs' attomey, representative or plaintiff (him or herself as the case
may be) has or have conducted an interview with any of the physicians who
treated the injuries alleged herein or related conditions, whether preexisting
the alleged malpractice or occurring subsequent thereto, set forth:
a. The full name and address of the physician;
b. The corresponding date on which each interview was conducted;
c. The full name and address of each person conducting the said
interview;
d. The full name address of every other person — if any — in attendance;
e. Whether any mechanical device such as, but not limited to,
{01962889.DOCX }
10 of 42
FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017
stenographic note taking, audio and/ or videotaping, etc. was utilized
during said interview.
At the offices of the undersigned attorneys within twenty (20) days from the date hereof.
PLEASE TAKE FURTHER NOTICE, that this is to be deemed a continuing demand,
and all responsive information that subsequently is made known or becomes available to plaintiff
shall be furnished to the undersigned in a timely fashion
PLEASE TAKE FURTHER NOTICE, that failure to provide the aforesaid information
within twenty (20) days after receipt of this Notice, will leave you subject to the provisions of the
CPLR.
Dated: New York, New York
April 4,2017
BY: Neil F. Brenes
AARONSON RAPPAPORT FEINSTEIN &
DEUTSCH,LLP
Attorneys for Defendant
THE TRUSTEES OF COLUMBIA UNIVERSITY
IN THE CITY OF NEW YORK s/h/a
"COLUMBIA UNIVERSITY MEDICAL CENTER
UROLOGY"
Office & P.O. Address
600 Third Avenue
New York, New York 10016
(212)593-6700
To: ROSENBERG,MINC,FALKOFF & WOLFF
Attorneys for Plaintiffs
122 East 42nd Street - Suite 3800
New York, New York 10168
(212)697-9280
Your File No.: 31004
{01962889.DOCX } -2-
11 of 42
FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x
TERRANCE SLYMAN and MARIA SLYMAN,
Plaintiffs, DEMAND FOR COLLATERAL
SOURCE INFORMATION
- against -
Index No. 805021/17
PETER J. STAHL,M.D., JEFFREY NEWHOUSE,
M.D., and COLUMBIA UNIVERSITY MEDICAL
CENTER UROLOGY,
Defendants.
x
SIR/MADAM:
PLEASE TAKE NOTICE,that demand is hereby made upon you pursuant to CPLR
§4545 to produce and permit the undersigned attomeys to inspect and copy the contents of:
1. Each and every collateral source of payment, including but not limited to insurance
agreements (except life insurance), Social Security (except those benefits provided under Title
XVIII of the Social Security Act), Workers' Compensation or employee benefit programs(except
such collateral sources entitled by law to liens against any recovery of the plaintiff), and any
other collateral source of payment for past or future costs or expenses alleged to have been
no ed by the plaintiff(s) and for which recovery is sought in the instant action, and
2. A written statement setting forth any and all such collateral sources and their
amounts.
01962890.DOCX }
12 of 42
FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017
PLEASE TAKE FURTHER NOTICE,that failure to produce said collateral sources of
payment at the offices of the undersigned within twenty(20)days from the date herein, will
result in a motion for appropriate relief.
Dated: New York, New York
April 4,2017
Yours, etc.
BY: Neil F. Brenes
AARONSON RAPPAPORT FEINSTEIN &
DEUTSCH,LLP
Attorneys for Defendant
THE TRUSTEES OF COLUMBIA UNIVERSITY
IN THE CITY OF NEW YORK s/h/a
"COLUMBIA UNIVERSITY MEDICAL CENTER
UROLOGY"
Office & P.O. Address
600 Third Avenue
New York, New York 10016
(212)593-6700
o: ROSENBERG,MINC,FALKOFF & WOLFF
Attorneys for Plaintiffs
122 East 42nd Street - Suite 3800
New York, New York 10168
(212)697-9280
Your File No.: 31004
{01962890.DOCX } -2-
13 of 42
FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x
TERRANCE SLYMAN and MARIA SLYMAN,
Plaintiffs, DEMAND FOR AUTHORIZATIONS
FOR HOSPITAL AND
- against - PHYSICIANS'RECORDS AND
INTERVIEW WITH TREATING
PETER J. STAHL, M.D., JEFFREY NEWHOUSE, PHYSICIANS
M.D., and COLUMBIA UNIVERSITY MEDICAL
CENTER UROLOGY, Index No. 805021/17
Defendants.
x
SIR/MADAM:
PLEASE TAKE NOTICE,that demand is hereby made that you serve upon the undersigned 1!
duly executed authorizations for the release of the records pertaining to the care and treatment
rendered to the plaintiff in any and all hospitals.
Demand is additionally made that you serve upon the undersigned duly executed
authorizations for the release of records of any and all treating physicians and other medical
providers.
Demand is further made that you serve upon the undersigned duly executed authorizations
in accordance with Arons v. Jutkowitz, 9 NY3rd 393 (2007), for the ex parte interview by defense
counsel of any and all treating physicians and all other medical providers in the form attached hereto
or other form complying with 45 CPLR 164.508 [c][1],[2] to the extent that each such authorization
set forth:
1) This law firm's name;
2) The identity of this law firm's client;
3) The "protected" and related health information expected to be disclosed;
4) The non-party medical provider's right to refuse the request for the ex parte '
(01962894DOCX }
14 of 42
FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017
interview;
5) That the aforesaid authorization is to remain valid for the duration of this lawsuit.
The aforementioned authorizations should include the full name and address of each
institution and/or physician and the dates of confinement or treatment and should be in the form
attached hereto or other HIPAA compliant form.
PLEASE TAKE FURTHER NOTICE,that failure to comply with this demand will serve as
a basis for a motion to preclude the plaintiff upon the trial of this action from offering proof relative
to all claimed injuries and medical damages if such authorizations are not forthcoming within
twenty (20) days after service of a copy of the within Demand.
Dated: New York, New York
April 4, 2017
oars, etc.
BY: Neil F. Brenes
AARONSON RAPPAPORT FEINSTEIN &
DEUTSCH,LLP
Attorneys for Defendant
THE TRUSTEES OF COLUMBIA UNIVERSITY
IN THE CITY OF NEW YORK s/h/a
"COLUMBIA UNIVERSITY MEDICAL CENTER
UROLOGY"
Office & P.O. Address
600 Third Avenue
New York, New York 10016
(212)593-6700
ROSENBERG,MINC,FALKOFF & WOLFF
Attorneys for Plaintiffs
122 East 42nd Street - Suite 3800
New York, New York 10168
(212)697-9280
Your File No.: 31004
{01962894.DOCX) -2-
15 of 42
FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017
Instructions for the Use
ofthe HEE6 AA-compliant Authorization Form to
Release Health Information Needed for Litigation
This form is the product of a collaborative process between the New York State
Office of Court Administration, representatives of the medical provider community in
New York, and the bench and bar, designed to produce a standard official form that
complies with the privacy requirements of the federal Health Insurance Portability and
Accountability Act("BIPAA") and its implementing regulations,to be used to authorize
the release of health information needed for litigation in New York State courts. It can,
however, be used more broadly than this and be used before litigation has been
commenced, or whenever counsel would find it useful.
The goal was to produce a standard HIPAA-compliant official form to obviate the
current disputes which often take place as to whether health information requests made in
the course of litigation meet the requirements of the HEPAA Privacy Rule. It should be
noted, though, that the form is optional This form may be filled out on line and
downloaded to be signed by hand, or downloaded anti filled out entirely on paper.
When filing out Item 11, which requests the date or event when the authorization
will expire, the person filling out the form may designate an event such as "at the
conclusion of my court case or provide a specific rlste amount of time, such as n years
from this date.
If a patient seeks to authorize the release of his or her entire medical record, but
only from a certain taste, the first two boxes in section 9(a) should both be checked, a
Preview
FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x I TERRANCE SLYMAN and MARIA SLYMAN, Plaintiffs, VERIFIED ANSWER - against - Index No. 805021/17 PETER J. STAHL, M.D., JEFFREY NEWHOUSE, M.D., and COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY, Defendants. x Defendant, THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK,s/h/a "COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY", by its attorneys, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, as and for its Verified Answer to plaintiffs' Complaint, respectfully shows to this Court and alleges upon information and belief: AS AND FOR THE FIRST CAUSE OF ACTION 1. Denies the allegations contained in paragraph "1" except admits that THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK s/h/a "COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY" was and is a professional not- for-profit corporation duly organized and existing through and by virtue of the laws of the State of New York. 2. Denies knowledge or information sufficient to form a belief as to the truth of allegations contained in paragraphs "3", "6", "7","8" and "9". 3. Denies the allegations contained in paragraph "4" except admits that PETER J. STAHL, M.D., was an employee of THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK s/h/a "COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY". (01963190.DOCX) 1 of 42 FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017 4. Denies the allegations contained in paragraph "5" in the form alleged. 5. Denies knowledge or information sufficient to form a belief as to the truth of allegations contained in paragraphs "10", "11", "12", "13", "14", "15" and "16" and respectfully refers to the relevant medical records. 6. Denies the allegations contained in paragraphs "17","18","19" and "20". 7. Denies the allegations contained in paragraphs "21" and respectfully refers all questions of law to this Honorable Court. AS AND FOR THE SECOND CAUSE OF ACTION 8. In response to paragraph "22", repeats each admission or denial contained in paragraphs "1" through "21" herein as though fully set forth hereat. 9. Denies the allegations contained in paragraph "23". 10. Denies the allegations contained in paragraph "24" and respectfully refers all questions oflaw to this Honorable Court. AS AND FOR THE THIRD CAUSE OF ACTION 11. In response to paragraph "25", repeats each admission or denial contained in paragraphs "1" through "24" herein as though fully set forth hereat. 12. Denies knowledge or information sufficient to form a belief as to the truth of allegations contained in paragraph "26". 13. Denies the allegations contained in paragraph "27". 14. Denies the allegations contained in paragraph "28" and respectfully refers all questions of law to this Honorable Court. AS AND FOR THE FIRST AFFIRMATIVE DEFENSE 15. The answering defendant assert those applicable defenses for which provision is made at Public Health Law §2805-d. {01963190DOCX 2 2 of 42 FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017 AS AND FOR THE SECOND AFFIRMATIVE DEFENSE 16. The liability of the answering defendant, if any, is limited pursuant to CPLR Article 16. AS AND FOR THE THIRD AFFIRMATIVE DEFENSE 17. That the injuries claimed by plaintiffs in the complaint were cause in whole or in part, by the culpable conduct of the plaintiffs which either bars the claims completely or else diminishes the damages by the proportion that such culpable conduct of the plaintiffs bears to the total culpable conduct causing the injuries. AS AND FOR THE FOURTH AFFIRMATIVE DEFENSE 18. That the plaintiff has been or will be compensated in whole or in part for the damages claimed in the complaint by a collateral source of payment as set forth in CPLR §4545. WHEREFORE,defendant, THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, s/h/a "COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY", demands judgment dismissing the Complaint, together with the costs and disbursements ofthe within action. Dated: New York, New York April 4, 2017 Yours, etc., BY: Neil F. Brenes AARONSON RAPPAPORT FEINSTEIN & DEUTSCH,LLP Attorneys for Defendant THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK s/h/a"COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY" Office & P.O. Address 600 Third Avenue New York, New York 10016 Tel.: (212)593-6700 {01963190.DOCX } 3 = 3 of 42 FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x TERRANCE SLYMAN and MARIA SLYMAN, Plaintiffs, NOTICE OF DEPOSITION - against - Index No. 805021/17 PETER J. STAHL, M.D., JEFFREY NEWHOUSE, M.D., and COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY, Defendants. SIR/MADAM: PLEASE TAKE NOTICE,that we will take the deposition of the following parties or persons, before a Notary Public not affiliated with any of the parties or their attorneys, on all relevant and material issues, as authorized by Article 31 of the CPLR: TERRANCE SLYMAN and MARIA SLYMAN DATE: July 26,2017 TIME: 10:00 A.M. PLACE: AARONSON RAPPAPORT FEINSTEIN & DEUTSCH,LLP 600 Third Avenue New York, New York 10016 1 {01962884DOCX } 5 4 of 42 FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017 PLEASE TAKE FURTHER NOTICE,that the persons to be examined are required to produce all books, records and papers in their custody and possession that may be relevant to the issues herein. Dated: New York, New York April 4,2017 YoUrs, L./ BY: Neil F. Brenes AARONSON RAPPAPORT FEINSTEIN & DEUTSCH,LLP Attorneys for Defendant THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK s/h/a "COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY" Office & P.O. Address 600 Third Avenue New York, New York 10016 (212)593-6700 To: ROSENBERG,MINC,FALKOFF & WOLFF Attorneys for Plaintiffs 122 East 42nd Street - Suite 3800 New York, New York 10168 (212)697-9280 Your File No.: 31004 01962884.DOCX } -2- 5 of 42 FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x TERRANCE SLYMAN and MARIA SLYMAN, Plaintiffs, DEMAND FOR EXPERT WITNESS INFORMATION - against - Index No. 805021/17 PETER J. STAHL, M.D., JEFFREY NEWHOUSE, M.D., and COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY, Defendants. x SIR/MADAM: PLEASE TAKE NOTICE, that demand is hereby made upon you, pursuant to CPLR §3101(d)(1) to disclose the following information: 1. Disclose each person plaintiff(s) expect(s)to call as an expert witness at trial. 2. Disclose in reasonable detail the qualifications of each expert witness. Include the following: a) Where did the expert attend medical school and when did he or she graduate? b) Did the expert attend internship, residency and/or fellowship programs: If so, where and when? c) Does the expert specialize in any areas of medicine? d) Is the expert Board Certified in any areas of medicine? e) Is the expert licensed to practice medicine in the United States? If so, where and when was he or she licensed? f) What are the expert's hospital affiliations, if any? 3. With respect to each and every act or omission which you will claim as the basis of the alleged malpractice of the defendant(s) herein, disclose in detail the substance of the facts and opinions upon which each expert is expected to testify and a summary of the grounds for each expert's opinion, to include reference to the following: a) The condition or conditions which it is claimed the defendant(s) undertook to treat and upon which plaintiff s(s') complaint(s) is/are based; 01962886.DOCX) 6 of 42 FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017 b) A statement of the accepted medical practices, customs and medical standards which it is claimed were violated by the defendant(s) herein in each of the acts or omissions claimed to be the basis of the liability against it(them); c) The manner in which the defendant(s) herein departed from the above accepted medical practices, customs and standards; d) If the plaintiff(s) claim(s) that the defendant(s) ignored or improperly interpreted complaints, signs, symptoms or conditions; made an erroneous diagnosis; failed to make a proper diagnosis; improperly treated the plaintiff(s); failed to take proper tests; improperly took or administered tests; failed to perform a proper physical examination; set forth: The complaints, signs, symptoms or conditions that the defendant(s) failed to interpret properly; (ii) The proper interpretation, which plaintiff(s) claims should have I been reached or made; (iii) In what respect the diagnosis was erroneous and incorrect; (iv) The claimed proper diagnosis; (v) The improper treatment which it is alleged was rendered; (vi) The treatment which it is claimed by plaintiff(s) should have been rendered; (vii) The name and/or description of each and every test defendant(s) failed to take or administer; (viii) The name of each and every test the defendant(s) improperly took or had administered or taken; (ix) The manner in which it is claimed such test(s) should have bee administered or taken; (x) A description of the physical examination performed; (xi) The manner in which it is claimed such physical examination I should have been performed. e) If it is alleged that the defendant(s) herein improperly performed a surgica procedure or that it was contraindicated and/or unnecessary, set forth: (i) The name of each surgical procedure and the date it was performed; {01962886.DOCX) -2- 7 of 42 FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017 (ii) The surgical procedure which it is claimed was contraindicated and/or unnecessary; (iii) In which manner the aforesaid surgical procedure was contraindi- cated; (iv) In what manner the aforesaid surgical procedure was improperly performed; (v) In what manner the aforesaid surgical procedure should have been I performed. 0 If any of the claims of medical malpractice relate to the prescribing of a drug or medication, state: The name of each drug or medication prescribed; (ii) The dates(s) of each prescription; (iii) The drugstore(s) where each prescription filled; (iv) The number of times each prescription was filled; (v) The pharmacy number ofeach prescription. g) If the plaintiff claims that the defendant(s) herein administered improper, inappropriate and/or contraindicated drugs, administered proper drugs in incorrect dosages, set forth: (i) The generic and trade name of each and every improper and/or contraindicated drug which was administered or prescribed; (ii) The name of each proper drug allegedly administered incorrectly or in incorrect dosages; (i ) The manner in which it is claimed each such drug should have been administered and/or the correct dosage thereof, or the proper, I appropriate and/or indicated drug. (01962886.DOCX) -3- 8 of 42 FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017 PLEASE TAKE FURTHER NOTICE, that failure to comply with the said demand within sixty (60) days from the last timely service of an answer herein, pursuant to 22 NYCRR 202.56(a)(1)(vi), will result in a motion for an order precluding the introduction, at the time of trial, of any testimony conceming alleged departures from medical standards of care, proximately caused injuries, or economic damages. Dated: New York, New York April 4, 2017 Youts, etc. BY: Neil F. Brenes AARONSON RAPPAPORT FEINSTEIN & DEUTSCH,LLP Attorneys for Defendant THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK s/h/a "COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY" Office & P.O. Address 600 Third Avenue New York, New York 10016 (212)593-6700 To: ROSENBERG,MINC,FALKOFF & WOLFF Attorneys for Plaintiffs 122 East 42nd Street - Suite 3800 New York, New York 10168 (212)697-9280 Your File No.: 31004 (01962886.DOCX -4- 9 of 42 FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x TERRANCE SLYMAN and MARIA SLYMAN, Plaintiffs, NOTICE TO PRODUCE NAMES AND ADDRESSES OF WITNESES - against - Index No. 805021/17 PETER J. STAHL,M.D., JEFFREY NEWHOUSE, M.D., and COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY, Defendants. x SIR/MADAM: PLEASE TAKE NOTICE, that pursuant to CPLR §3101, all counsel are required to produce any and all names and addresses of persons: 1. Claimed to have witnessed the acts of omission or commission alleged in the complaint; 2. Claimed to have firsthand knowledge of the acts of omission or commission alleged in the complaint; 3. Claimed to be witnesses to any acts, omissions or conditions which allegedly1 caused the occurrence alleged in the complaint; 4. Claimed to be witnesses to any communications involving the defendant which plaintiff may seek to introduce at trial; and 5. If plaintiffs' attomey, representative or plaintiff (him or herself as the case may be) has or have conducted an interview with any of the physicians who treated the injuries alleged herein or related conditions, whether preexisting the alleged malpractice or occurring subsequent thereto, set forth: a. The full name and address of the physician; b. The corresponding date on which each interview was conducted; c. The full name and address of each person conducting the said interview; d. The full name address of every other person — if any — in attendance; e. Whether any mechanical device such as, but not limited to, {01962889.DOCX } 10 of 42 FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017 stenographic note taking, audio and/ or videotaping, etc. was utilized during said interview. At the offices of the undersigned attorneys within twenty (20) days from the date hereof. PLEASE TAKE FURTHER NOTICE, that this is to be deemed a continuing demand, and all responsive information that subsequently is made known or becomes available to plaintiff shall be furnished to the undersigned in a timely fashion PLEASE TAKE FURTHER NOTICE, that failure to provide the aforesaid information within twenty (20) days after receipt of this Notice, will leave you subject to the provisions of the CPLR. Dated: New York, New York April 4,2017 BY: Neil F. Brenes AARONSON RAPPAPORT FEINSTEIN & DEUTSCH,LLP Attorneys for Defendant THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK s/h/a "COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY" Office & P.O. Address 600 Third Avenue New York, New York 10016 (212)593-6700 To: ROSENBERG,MINC,FALKOFF & WOLFF Attorneys for Plaintiffs 122 East 42nd Street - Suite 3800 New York, New York 10168 (212)697-9280 Your File No.: 31004 {01962889.DOCX } -2- 11 of 42 FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x TERRANCE SLYMAN and MARIA SLYMAN, Plaintiffs, DEMAND FOR COLLATERAL SOURCE INFORMATION - against - Index No. 805021/17 PETER J. STAHL,M.D., JEFFREY NEWHOUSE, M.D., and COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY, Defendants. x SIR/MADAM: PLEASE TAKE NOTICE,that demand is hereby made upon you pursuant to CPLR §4545 to produce and permit the undersigned attomeys to inspect and copy the contents of: 1. Each and every collateral source of payment, including but not limited to insurance agreements (except life insurance), Social Security (except those benefits provided under Title XVIII of the Social Security Act), Workers' Compensation or employee benefit programs(except such collateral sources entitled by law to liens against any recovery of the plaintiff), and any other collateral source of payment for past or future costs or expenses alleged to have been no ed by the plaintiff(s) and for which recovery is sought in the instant action, and 2. A written statement setting forth any and all such collateral sources and their amounts. 01962890.DOCX } 12 of 42 FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017 PLEASE TAKE FURTHER NOTICE,that failure to produce said collateral sources of payment at the offices of the undersigned within twenty(20)days from the date herein, will result in a motion for appropriate relief. Dated: New York, New York April 4,2017 Yours, etc. BY: Neil F. Brenes AARONSON RAPPAPORT FEINSTEIN & DEUTSCH,LLP Attorneys for Defendant THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK s/h/a "COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY" Office & P.O. Address 600 Third Avenue New York, New York 10016 (212)593-6700 o: ROSENBERG,MINC,FALKOFF & WOLFF Attorneys for Plaintiffs 122 East 42nd Street - Suite 3800 New York, New York 10168 (212)697-9280 Your File No.: 31004 {01962890.DOCX } -2- 13 of 42 FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x TERRANCE SLYMAN and MARIA SLYMAN, Plaintiffs, DEMAND FOR AUTHORIZATIONS FOR HOSPITAL AND - against - PHYSICIANS'RECORDS AND INTERVIEW WITH TREATING PETER J. STAHL, M.D., JEFFREY NEWHOUSE, PHYSICIANS M.D., and COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY, Index No. 805021/17 Defendants. x SIR/MADAM: PLEASE TAKE NOTICE,that demand is hereby made that you serve upon the undersigned 1! duly executed authorizations for the release of the records pertaining to the care and treatment rendered to the plaintiff in any and all hospitals. Demand is additionally made that you serve upon the undersigned duly executed authorizations for the release of records of any and all treating physicians and other medical providers. Demand is further made that you serve upon the undersigned duly executed authorizations in accordance with Arons v. Jutkowitz, 9 NY3rd 393 (2007), for the ex parte interview by defense counsel of any and all treating physicians and all other medical providers in the form attached hereto or other form complying with 45 CPLR 164.508 [c][1],[2] to the extent that each such authorization set forth: 1) This law firm's name; 2) The identity of this law firm's client; 3) The "protected" and related health information expected to be disclosed; 4) The non-party medical provider's right to refuse the request for the ex parte ' (01962894DOCX } 14 of 42 FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017 interview; 5) That the aforesaid authorization is to remain valid for the duration of this lawsuit. The aforementioned authorizations should include the full name and address of each institution and/or physician and the dates of confinement or treatment and should be in the form attached hereto or other HIPAA compliant form. PLEASE TAKE FURTHER NOTICE,that failure to comply with this demand will serve as a basis for a motion to preclude the plaintiff upon the trial of this action from offering proof relative to all claimed injuries and medical damages if such authorizations are not forthcoming within twenty (20) days after service of a copy of the within Demand. Dated: New York, New York April 4, 2017 oars, etc. BY: Neil F. Brenes AARONSON RAPPAPORT FEINSTEIN & DEUTSCH,LLP Attorneys for Defendant THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK s/h/a "COLUMBIA UNIVERSITY MEDICAL CENTER UROLOGY" Office & P.O. Address 600 Third Avenue New York, New York 10016 (212)593-6700 ROSENBERG,MINC,FALKOFF & WOLFF Attorneys for Plaintiffs 122 East 42nd Street - Suite 3800 New York, New York 10168 (212)697-9280 Your File No.: 31004 {01962894.DOCX) -2- 15 of 42 FILED: NEW YORK COUNTY CLERK 04/05/2017 01:53 PM INDEX NO. 805021/2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/05/2017 Instructions for the Use ofthe HEE6 AA-compliant Authorization Form to Release Health Information Needed for Litigation This form is the product of a collaborative process between the New York State Office of Court Administration, representatives of the medical provider community in New York, and the bench and bar, designed to produce a standard official form that complies with the privacy requirements of the federal Health Insurance Portability and Accountability Act("BIPAA") and its implementing regulations,to be used to authorize the release of health information needed for litigation in New York State courts. It can, however, be used more broadly than this and be used before litigation has been commenced, or whenever counsel would find it useful. The goal was to produce a standard HIPAA-compliant official form to obviate the current disputes which often take place as to whether health information requests made in the course of litigation meet the requirements of the HEPAA Privacy Rule. It should be noted, though, that the form is optional This form may be filled out on line and downloaded to be signed by hand, or downloaded anti filled out entirely on paper. When filing out Item 11, which requests the date or event when the authorization will expire, the person filling out the form may designate an event such as "at the conclusion of my court case or provide a specific rlste amount of time, such as n years from this date. If a patient seeks to authorize the release of his or her entire medical record, but only from a certain taste, the first two boxes in section 9(a) should both be checked, a