Preview
FILED: QUEENS COUNTY CLERK 12/12/2022 01:33 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 222 RECEIVED NYSCEF: 12/12/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
THERESA ROBINSON AND DEREK ROBINSON : Index No.: 717964/2018
:
Plaintiffs, :
:
- against – :
: DEFENDANT NANDA, M.D.P.C.
NORTHWELL HEALTH, INC., LONG ISLAND :
3101(d) EXPERT DISCLOSURE
JEWISH MEDICAL CENTER, DEEPAK NANDA, :
M.D., P.C., DEEPAK NANDA, M.D. and EMMANUEL :
M. PAFOS, M.D. :
:
Defendants. :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
The Defendant DEEPAK NANDA, M.D., P.C. (hereinafter “Nanda PC”) by and
through their attorneys RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN LLP as and
for a response to the Demand for Expert Witness Disclosure pursuant to CPLR 3101(d) set forth
herein as follows:
1. Defendant may call as an expert at the time of trial a physician who is duly
licensed to practice medicine in the State of New York and who is Board Certified in
Obstetrics/Gynecology and Maternal Fetal Medicine. The expert graduated from the University
of Michigan Medical School in 1985, performed a Residency in Obstetrics and Gynecology at
Hurley Medical Center from 1985-1989 and performed a Fellowship in Maternal Fetal Medicine
at The New York Hospital Cornell Medical Center from 1992-1994. This expert continues to
practice in the area of Obstetrics/Gynecology and Maternal Fetal Medicine at a major teaching
hospital in New York and is a faculty member of the affiliated medical school. The expert is a
member of many medical organizations/committees including in the fields of maternal fetal
medicine/obstetrics-gynecology.
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2. The grounds for this expert’s testimony and opinions will be based upon review
of the pleadings, medical records, including but not limited to office records, clinical, hospital,
sonography records, imaging, reports of examinations and the LIJMC labor and delivery records
as well as any and all records for which authorizations were provided by plaintiffs to the
defendants, deposition testimony, the parties’ responses to discovery and the evidence which
may be adduced at trial. This expert will also base his/her opinions upon his/her professional
education, background, knowledge, training, and experience. This expert may/will testify as to
the interpretation and results of imaging, sonogram studies, fetal heart strips/monitoring and
laboratory data performed in this matter.
3. The subject matter of the expected testimony centers upon the appropriateness of
the prenatal, perinatal and postnatal medical care and treatment rendered by the defendant Nanda
PC through its employees including Dr. Emmanuel Pafos (hereinafter “Dr. Pafos”) as well as
principles of causation of the alleged injuries to the plaintiffs Theresa and Derek Robinson. The
subject matter includes general principles of Maternal Fetal Medicine and OB/GYN care, the
care of pregnant patients including patients such as Theresa Robinson, the appropriateness of the
prenatal care, perinatal and postnatal care of Theresa Robinson, the trial of labor after cesarean
delivery (TOLAC), vaginal birth after cesarean section (VBAC), the relative indications and
contraindications for the trial of labor after cesarean delivery/vaginal birth after cesarian section,
the complication rates associated with trial of labor after cesarean delivery, the potential patient
candidates for trial of labor after cesarean delivery and for elective cesarean delivery, the advice
routinely given to patients presenting in this scenario and the screening procedures performed by
medical personnel in relation to trial of labor after cesarean delivery. Furthermore, this expert
will testify regarding the plaintiff Theresa Robinson’s admission to Long Island Jewish Medical
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Center (hereinafter “LIJMC”) for labor and delivery on April 12, 2016, the appropriate
discussions that ensued with plaintiffs regarding the risks and benefits attempting a trial of labor
after a prior cesarean section delivery including the risks of bleeding, infection and damage to
organs or the baby, the further discussions regarding abandoning the delivery plan and
proceeding with a cesarean delivery between plaintiffs and Nanda PC employee Dr. Pafos, and
the appropriateness of ultimately convincing plaintiffs to deliver via cesarean section which
directly led to the delivery of health baby. This expert will express the opinion within a
reasonable degree of medical certainty that the defendants and in particular, Nanda PC employee
Dr. Pafos, acted at all times in an appropriate manner, did not deviate from the standard of care
and did not in any way cause injury to the plaintiffs Theresa and Derek Robinson. This expert
also may discuss the delivery complication of a bladder tear resulting from the uterine rupture,
the efforts to repair the rupture and post-partum care relating to the bladder tear and the healing
process. Additionally, the expert shall testify concerning anatomy, pregnancy, VBAC, TOLAC,
the uterus, the bladder, the genitourinary (GU) system of the female, repair of the uterus and
bladder related to the birth process, bladder rupture, uterine rupture, post repair care and
outcomes of the bladder related to the birth process, post repair care and outcomes of the uterus
related to the birth process, and related subjects.
4. The substance of the testimony by the expert shall be that the defendants, and in
particular Nanda PC employee Dr. Pafos, acted in accord with good and accepted obstetrical and
maternal fetal medicine practice and that no alleged negligence by act or omission on the part of
the defendants was a competent producing cause, proximate cause or substantial factor in any of
the alleged injuries, disabilities, conscious pain and suffering, and/or any other damages alleged
by plaintiffs. It is further expected that the expert will testify that the defendants, and in
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particular Nanda PC employee Dr. Pafos, appropriately evaluated the plaintiff Theresa Robinson
when she presented to their medical office in December of 2015 when she was approximately 20
weeks pregnant and took an appropriate history of prior pregnancies. This expert is expected to
testify that the defendants appropriately considered, ordered and completed the necessary testing
prenatally, had the appropriate discussions regarding the risks and benefits of trial of labor after
cesarean delivery with Ms. Robinson, that Mrs. Robinson desired a trial of labor/vaginal birth
after cesarean section and was an appropriate candidate for same, provided appropriate prenatal
care during the office visits of plaintiff, acted appropriately in proceeding with trial of labor
after cesarean section with respect to the pregnancy at issue as Ms. Robinson requested and that
this delivery plan was not contraindicated. This expert shall further testify that in all respects
the defendants used the correct medical judgment and provided the correct medical care to Ms.
Robinson during the pregnancy at issue in this case. This expert will express the opinion that
these defendants acted appropriately and within the standard of care when discussing trial of
labor after cesarean section with Ms. Robinson prenatally and during labor and delivery on April
12 and April 13, 2016, provided appropriate prenatal care and did not deviate from the standard
of care with respect to these issues and all care provided to plaintiffs. The expert shall testify to
the use of obstetrical judgment in the care of patients and how judgment relates to the care of
Theresa Robinson.
5. The substance of the testimony by the expert shall also be that the defendants and
in particular Nanda PC employee Dr. Pafos acted in accord with good and accepted obstetrical
and maternal fetal medicine practice during labor and delivery on April 12 and April 13, 2016
and that no alleged negligence by act or omission on the part of the defendants was a competent
producing cause, proximate cause or substantial factor in any of the alleged injuries, disabilities,
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conscious pain and suffering, and/or any other damages alleged by plaintiffs. Specifically, this
expert will testify with a reasonable degree of medical certainty that during the labor and
delivery the defendants, including now non-party Deepak Nanda, M.D., and in particular Nanda
PC employee Dr. Pafos, provided appropriate obstetrical care, took a proper history,
appropriately monitored the plaintiff during labor while she was on a Pitocin drip and that such
medication used to augment labor was not contraindicated in this patient, that any alleged delay
in abandoning the delivery plan and proceeding with a cesarean section was caused by the
plaintiffs, that there was no delay in the delivery of the baby by these defendants, that when
notified of significant findings on the fetal heart monitoring strips the defendants acted
appropriately in convincing plaintiffs to proceed with a cesarean section delivery, appropriately
advised plaintiffs of the risks and benefits of a cesarean section delivery and the defendants
appropriately proceeded to deliver a healthy baby via cesarean section delivery. This expert is
further expected to testify that the defendants appropriately evaluated Ms. Robinson for pelvic
adequacy to deliver vaginally and did not fail to assess the patient for any alleged Cephalopelvic
Disproportion (“CPD”) and there was none. This expert is expected to testify that a “modified
Mueller-Hillis maneuver” was not the standard of care in 2016 and in any event, was not
indicated for this patient. Additionally, this expert is expected to testify that the occiput posterior
position of the baby’s head and the fact that the mother was fully dilated at or around 11:00 p.m.
on April 12, 2016 are not indicative of the presence of CPD and that a patient in the second stage
of labor can continue to labor for a couple of hours to attempt to delivery vaginally and that these
findings were not a contraindication to continuing a trial of labor in this patient. This expert also
will explain the obstetrical complication of a bladder tear and discuss the unpredictable and
unpreventable nature of this complication. This expert shall refute the claims set forth in the
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Plaintiffs Verified Bill of Particulars as to the defendants, Plaintiffs' expert opinions expressed in
the Expert Disclosure filed with the court and the anticipated testimony of Plaintiffs expert at the
time of trial. This expert will express the opinion that the defendants and in particular Nanda PC
employee Dr. Pafos acted entirely appropriately and within the standard of care in his care and
treatment of Ms. Robinson and that nothing the defendants did or did not do was a competent
producing cause, proximate cause or substantial factor in the alleged injuries, conscious pain and
suffering, and/or any other damages alleged in this action. The expert shall testify as to subjects
related to anatomy as set forth herein.
6. The expert witness will address, respond to, and refute all allegations of
negligence and causation set forth in plaintiffs’ pleadings, Bills of Particulars, Supplemental
Bills of Particulars and Plaintiffs’ Expert Disclosure, as well as those allegations made by
plaintiffs’ experts as may be permitted by the court at trial. The expert is also expected to testify
as to the opinions offered by plaintiffs’ experts and witnesses at trial with regard to the care and
treatment rendered to plaintiff Theresa Robinson by the defendant and with regard to the issues
of alleged departures, causation, and damages. The expert may be expected to testify that
plaintiffs’ claimed injuries were not proximately caused or contributed to by any alleged
departure from the standard of care by defendant.
Dated: New York, NY
December 12, 2022
RUBIN PATERNITI GONZALEZ
RIZZO KAUFMAN LLP
By:__ ________________________
BRIDGET DAHLE, ESQ.
Attorneys for Defendant
DEEPAK NANDA, M.D. P.C.
555 Fifth Avenue, 6th Floor
New York, NY 10017
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To: THE PAGLINAWAN FIRM, P.C.
Attorneys for plaintiffs
118-21 Queens Blvd., Suite 501
Forest Hills, New York 11375
718-576-2544
SHAUB, AHMUTY CITRIN & SPRATT, LLP
Attorneys for defendant
NORTHWELL HEALTH, INC. and
LONG ISLAND JEWISH MEDICAL CENTER
1983 Marcus Avenue, Suite 260
Lake Success, NY 11042
(516) 488-3300
GALVANO & XANTHAKIS, P.C.
Attorneys for defendant EMMANUEL M. PAFOS, M.D.
358 St. Marks Place, Suite 202
Staten Island, NY 10301
(212) 349-5150
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AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
Olga Lipkowicz, being duly sworn, deposes and says: that deponent is not a party to this
action, is over 18 years of age and resides in Queens County, New York. That on December 12,
2022, deponent served the within NOTICE OF DISCOVERY & INSPECTION upon:
THE PAGLINAWAN FIRM, P.C.
118-21 Queens Blvd., Suite 501
Forest Hills, New York 11375
SHAUB, AHMUTY CITRIN & SPRATT, LLP
1983 Marcus Avenue, Suite 260
Lake Success, NY 11042
GALVANO & XANTHAKIS, P.C.
358 St. Marks Place, Suite 202
Staten Island, NY 10301
at the address designated by said attorney(s) for that purpose, by depositing a true copy
thereof enclosed in a first class postpaid properly addressed wrapper, in an official depository
under the exclusive care and custody of the United States Postal Service department within the
State of New York.
Olga Lipkowicz
Sworn to before me this
12th day of December, 2022
Notary Public
COLLEEN M. BURKE
Notary Public, State of New York
No. 01BU6301711
Qualified in Queens County
Commission Expires April 21, 2026
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
THERESA ROBINSON AND DEREK ROBINSON Index No.: 717964/2018
Plaintiff,
- against –
NORTHWELL HEALTH, INC., LONG ISLAND JEWISH
MEDICAL CENTER, DEEPARK NANDA, M.D.,P.C.,
DEEPAK NANDA, M.D., and EMMANUEL M. PAFOS
Defendants.
RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN LLP
Attorneys for Defendant(s)
DEEPAK NANDA, M.D., P.C.
Office and Post Office Address
555 Fifth Avenue, 6th Floor
New York, New York, 10017
Telephone (646) 809-3370
TO: ALL PARTIES
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Preview
FILED: QUEENS COUNTY CLERK 12/12/2022 01:33 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 222 RECEIVED NYSCEF: 12/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X THERESA ROBINSON AND DEREK ROBINSON : Index No.: 717964/2018 : Plaintiffs, : : - against – : : DEFENDANT NANDA, M.D.P.C. NORTHWELL HEALTH, INC., LONG ISLAND : 3101(d) EXPERT DISCLOSURE JEWISH MEDICAL CENTER, DEEPAK NANDA, : M.D., P.C., DEEPAK NANDA, M.D. and EMMANUEL : M. PAFOS, M.D. : : Defendants. : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X The Defendant DEEPAK NANDA, M.D., P.C. (hereinafter “Nanda PC”) by and through their attorneys RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN LLP as and for a response to the Demand for Expert Witness Disclosure pursuant to CPLR 3101(d) set forth herein as follows: 1. Defendant may call as an expert at the time of trial a physician who is duly licensed to practice medicine in the State of New York and who is Board Certified in Obstetrics/Gynecology and Maternal Fetal Medicine. The expert graduated from the University of Michigan Medical School in 1985, performed a Residency in Obstetrics and Gynecology at Hurley Medical Center from 1985-1989 and performed a Fellowship in Maternal Fetal Medicine at The New York Hospital Cornell Medical Center from 1992-1994. This expert continues to practice in the area of Obstetrics/Gynecology and Maternal Fetal Medicine at a major teaching hospital in New York and is a faculty member of the affiliated medical school. The expert is a member of many medical organizations/committees including in the fields of maternal fetal medicine/obstetrics-gynecology. 1 of 9 FILED: QUEENS COUNTY CLERK 12/12/2022 01:33 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 222 RECEIVED NYSCEF: 12/12/2022 2. The grounds for this expert’s testimony and opinions will be based upon review of the pleadings, medical records, including but not limited to office records, clinical, hospital, sonography records, imaging, reports of examinations and the LIJMC labor and delivery records as well as any and all records for which authorizations were provided by plaintiffs to the defendants, deposition testimony, the parties’ responses to discovery and the evidence which may be adduced at trial. This expert will also base his/her opinions upon his/her professional education, background, knowledge, training, and experience. This expert may/will testify as to the interpretation and results of imaging, sonogram studies, fetal heart strips/monitoring and laboratory data performed in this matter. 3. The subject matter of the expected testimony centers upon the appropriateness of the prenatal, perinatal and postnatal medical care and treatment rendered by the defendant Nanda PC through its employees including Dr. Emmanuel Pafos (hereinafter “Dr. Pafos”) as well as principles of causation of the alleged injuries to the plaintiffs Theresa and Derek Robinson. The subject matter includes general principles of Maternal Fetal Medicine and OB/GYN care, the care of pregnant patients including patients such as Theresa Robinson, the appropriateness of the prenatal care, perinatal and postnatal care of Theresa Robinson, the trial of labor after cesarean delivery (TOLAC), vaginal birth after cesarean section (VBAC), the relative indications and contraindications for the trial of labor after cesarean delivery/vaginal birth after cesarian section, the complication rates associated with trial of labor after cesarean delivery, the potential patient candidates for trial of labor after cesarean delivery and for elective cesarean delivery, the advice routinely given to patients presenting in this scenario and the screening procedures performed by medical personnel in relation to trial of labor after cesarean delivery. Furthermore, this expert will testify regarding the plaintiff Theresa Robinson’s admission to Long Island Jewish Medical 2 of 9 FILED: QUEENS COUNTY CLERK 12/12/2022 01:33 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 222 RECEIVED NYSCEF: 12/12/2022 Center (hereinafter “LIJMC”) for labor and delivery on April 12, 2016, the appropriate discussions that ensued with plaintiffs regarding the risks and benefits attempting a trial of labor after a prior cesarean section delivery including the risks of bleeding, infection and damage to organs or the baby, the further discussions regarding abandoning the delivery plan and proceeding with a cesarean delivery between plaintiffs and Nanda PC employee Dr. Pafos, and the appropriateness of ultimately convincing plaintiffs to deliver via cesarean section which directly led to the delivery of health baby. This expert will express the opinion within a reasonable degree of medical certainty that the defendants and in particular, Nanda PC employee Dr. Pafos, acted at all times in an appropriate manner, did not deviate from the standard of care and did not in any way cause injury to the plaintiffs Theresa and Derek Robinson. This expert also may discuss the delivery complication of a bladder tear resulting from the uterine rupture, the efforts to repair the rupture and post-partum care relating to the bladder tear and the healing process. Additionally, the expert shall testify concerning anatomy, pregnancy, VBAC, TOLAC, the uterus, the bladder, the genitourinary (GU) system of the female, repair of the uterus and bladder related to the birth process, bladder rupture, uterine rupture, post repair care and outcomes of the bladder related to the birth process, post repair care and outcomes of the uterus related to the birth process, and related subjects. 4. The substance of the testimony by the expert shall be that the defendants, and in particular Nanda PC employee Dr. Pafos, acted in accord with good and accepted obstetrical and maternal fetal medicine practice and that no alleged negligence by act or omission on the part of the defendants was a competent producing cause, proximate cause or substantial factor in any of the alleged injuries, disabilities, conscious pain and suffering, and/or any other damages alleged by plaintiffs. It is further expected that the expert will testify that the defendants, and in 3 of 9 FILED: QUEENS COUNTY CLERK 12/12/2022 01:33 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 222 RECEIVED NYSCEF: 12/12/2022 particular Nanda PC employee Dr. Pafos, appropriately evaluated the plaintiff Theresa Robinson when she presented to their medical office in December of 2015 when she was approximately 20 weeks pregnant and took an appropriate history of prior pregnancies. This expert is expected to testify that the defendants appropriately considered, ordered and completed the necessary testing prenatally, had the appropriate discussions regarding the risks and benefits of trial of labor after cesarean delivery with Ms. Robinson, that Mrs. Robinson desired a trial of labor/vaginal birth after cesarean section and was an appropriate candidate for same, provided appropriate prenatal care during the office visits of plaintiff, acted appropriately in proceeding with trial of labor after cesarean section with respect to the pregnancy at issue as Ms. Robinson requested and that this delivery plan was not contraindicated. This expert shall further testify that in all respects the defendants used the correct medical judgment and provided the correct medical care to Ms. Robinson during the pregnancy at issue in this case. This expert will express the opinion that these defendants acted appropriately and within the standard of care when discussing trial of labor after cesarean section with Ms. Robinson prenatally and during labor and delivery on April 12 and April 13, 2016, provided appropriate prenatal care and did not deviate from the standard of care with respect to these issues and all care provided to plaintiffs. The expert shall testify to the use of obstetrical judgment in the care of patients and how judgment relates to the care of Theresa Robinson. 5. The substance of the testimony by the expert shall also be that the defendants and in particular Nanda PC employee Dr. Pafos acted in accord with good and accepted obstetrical and maternal fetal medicine practice during labor and delivery on April 12 and April 13, 2016 and that no alleged negligence by act or omission on the part of the defendants was a competent producing cause, proximate cause or substantial factor in any of the alleged injuries, disabilities, 4 of 9 FILED: QUEENS COUNTY CLERK 12/12/2022 01:33 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 222 RECEIVED NYSCEF: 12/12/2022 conscious pain and suffering, and/or any other damages alleged by plaintiffs. Specifically, this expert will testify with a reasonable degree of medical certainty that during the labor and delivery the defendants, including now non-party Deepak Nanda, M.D., and in particular Nanda PC employee Dr. Pafos, provided appropriate obstetrical care, took a proper history, appropriately monitored the plaintiff during labor while she was on a Pitocin drip and that such medication used to augment labor was not contraindicated in this patient, that any alleged delay in abandoning the delivery plan and proceeding with a cesarean section was caused by the plaintiffs, that there was no delay in the delivery of the baby by these defendants, that when notified of significant findings on the fetal heart monitoring strips the defendants acted appropriately in convincing plaintiffs to proceed with a cesarean section delivery, appropriately advised plaintiffs of the risks and benefits of a cesarean section delivery and the defendants appropriately proceeded to deliver a healthy baby via cesarean section delivery. This expert is further expected to testify that the defendants appropriately evaluated Ms. Robinson for pelvic adequacy to deliver vaginally and did not fail to assess the patient for any alleged Cephalopelvic Disproportion (“CPD”) and there was none. This expert is expected to testify that a “modified Mueller-Hillis maneuver” was not the standard of care in 2016 and in any event, was not indicated for this patient. Additionally, this expert is expected to testify that the occiput posterior position of the baby’s head and the fact that the mother was fully dilated at or around 11:00 p.m. on April 12, 2016 are not indicative of the presence of CPD and that a patient in the second stage of labor can continue to labor for a couple of hours to attempt to delivery vaginally and that these findings were not a contraindication to continuing a trial of labor in this patient. This expert also will explain the obstetrical complication of a bladder tear and discuss the unpredictable and unpreventable nature of this complication. This expert shall refute the claims set forth in the 5 of 9 FILED: QUEENS COUNTY CLERK 12/12/2022 01:33 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 222 RECEIVED NYSCEF: 12/12/2022 Plaintiffs Verified Bill of Particulars as to the defendants, Plaintiffs' expert opinions expressed in the Expert Disclosure filed with the court and the anticipated testimony of Plaintiffs expert at the time of trial. This expert will express the opinion that the defendants and in particular Nanda PC employee Dr. Pafos acted entirely appropriately and within the standard of care in his care and treatment of Ms. Robinson and that nothing the defendants did or did not do was a competent producing cause, proximate cause or substantial factor in the alleged injuries, conscious pain and suffering, and/or any other damages alleged in this action. The expert shall testify as to subjects related to anatomy as set forth herein. 6. The expert witness will address, respond to, and refute all allegations of negligence and causation set forth in plaintiffs’ pleadings, Bills of Particulars, Supplemental Bills of Particulars and Plaintiffs’ Expert Disclosure, as well as those allegations made by plaintiffs’ experts as may be permitted by the court at trial. The expert is also expected to testify as to the opinions offered by plaintiffs’ experts and witnesses at trial with regard to the care and treatment rendered to plaintiff Theresa Robinson by the defendant and with regard to the issues of alleged departures, causation, and damages. The expert may be expected to testify that plaintiffs’ claimed injuries were not proximately caused or contributed to by any alleged departure from the standard of care by defendant. Dated: New York, NY December 12, 2022 RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN LLP By:__ ________________________ BRIDGET DAHLE, ESQ. Attorneys for Defendant DEEPAK NANDA, M.D. P.C. 555 Fifth Avenue, 6th Floor New York, NY 10017 6 of 9 FILED: QUEENS COUNTY CLERK 12/12/2022 01:33 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 222 RECEIVED NYSCEF: 12/12/2022 To: THE PAGLINAWAN FIRM, P.C. Attorneys for plaintiffs 118-21 Queens Blvd., Suite 501 Forest Hills, New York 11375 718-576-2544 SHAUB, AHMUTY CITRIN & SPRATT, LLP Attorneys for defendant NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER 1983 Marcus Avenue, Suite 260 Lake Success, NY 11042 (516) 488-3300 GALVANO & XANTHAKIS, P.C. Attorneys for defendant EMMANUEL M. PAFOS, M.D. 358 St. Marks Place, Suite 202 Staten Island, NY 10301 (212) 349-5150 7 of 9 FILED: QUEENS COUNTY CLERK 12/12/2022 01:33 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 222 RECEIVED NYSCEF: 12/12/2022 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) Olga Lipkowicz, being duly sworn, deposes and says: that deponent is not a party to this action, is over 18 years of age and resides in Queens County, New York. That on December 12, 2022, deponent served the within NOTICE OF DISCOVERY & INSPECTION upon: THE PAGLINAWAN FIRM, P.C. 118-21 Queens Blvd., Suite 501 Forest Hills, New York 11375 SHAUB, AHMUTY CITRIN & SPRATT, LLP 1983 Marcus Avenue, Suite 260 Lake Success, NY 11042 GALVANO & XANTHAKIS, P.C. 358 St. Marks Place, Suite 202 Staten Island, NY 10301 at the address designated by said attorney(s) for that purpose, by depositing a true copy thereof enclosed in a first class postpaid properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Postal Service department within the State of New York. Olga Lipkowicz Sworn to before me this 12th day of December, 2022 Notary Public COLLEEN M. BURKE Notary Public, State of New York No. 01BU6301711 Qualified in Queens County Commission Expires April 21, 2026 8 of 9 FILED: QUEENS COUNTY CLERK 12/12/2022 01:33 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 222 RECEIVED NYSCEF: 12/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS THERESA ROBINSON AND DEREK ROBINSON Index No.: 717964/2018 Plaintiff, - against – NORTHWELL HEALTH, INC., LONG ISLAND JEWISH MEDICAL CENTER, DEEPARK NANDA, M.D.,P.C., DEEPAK NANDA, M.D., and EMMANUEL M. PAFOS Defendants. RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN LLP Attorneys for Defendant(s) DEEPAK NANDA, M.D., P.C. Office and Post Office Address 555 Fifth Avenue, 6th Floor New York, New York, 10017 Telephone (646) 809-3370 TO: ALL PARTIES 9 of 9