Preview
FILED: KINGS COUNTY CLERK 01/25/2019 10:01 AM INDEX NO. 521431/2016
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/25/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------- ------------X
KLARA KHUTORYANSKAYA,
Index No: 521431/2016
Plaintiff,
-against-
VERIFIED BILL OF
LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER & PARTICULARS
MICROSURGERY INSTITUTE, BROOKLYN EYE SURGERY
CENTER L.L.C. d/b/a BROOKLYN EYE SURGERY CENTER,
ALEXANDER RABINOVICH, M.D., and JOHN AND JANE
DOES 1 - 100 (Said names it the intention of
being fictitious, being
Plaintiff to designate any and all individuals, parties, corporations
or entities, if any, having or claiming a knowledge of the foregoing
complaint),
Defendants.
------------------------- ---------------------------X
Plaintiff, KLARA KHUTORYANSKAYA (hereinafter, "Plaintiff"), by and through her
attorneys, KARASIK LAW GROUP, P.C., as and for a Verified Bill of Particulars in response to
demand of Defendant, BROOKLYN EYE SURGERY CENTER, L.L.C. d/b/a BROOKLYN EYE
SURGERY CENTER (hereinafter, "Defendant"), states as follows:
1. (a) August 22, 2016;
(b) 1301 Avenue J, Brooklyn, New York 11230.
2. Excision of a conjunctival cyst on leftlower lid.
3. Departure from the prevailing standard of care in failing to properly conduct the procedure
causing permanent damage to the cornea and other components of the left eye.
4. Objection. Plaintiff reserves the right to supplement this response in the future.
5. (a) Not applicable;
(b) Diagnosis was correct, however the procedure was performed defectively;
(c) Not applicable;
(d) Objection. Plaintiff reserves the right to supplement this response in the future;
(e) Objection. Plaintiff reserves the right to supplement this response in the future;
FILED: KINGS COUNTY CLERK 01/25/2019 10:01 AM INDEX NO. 521431/2016
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/25/2019
(f) Objection. Plaintiff reserves the right to supplement this response in the future;
6. (a) Conjunctival cyst excision on left eyelid, August 22, 2016;
(b) Objection. Plaintiff reserves the right to supplement this response in the future;
(c) Not applicable.
7. Failure to properly administer the procedure, causing serious injuries to Plaintiff.
8. Alexander Rabinovich, MD.
9. (a) Plaintiff objects to this demand as improper in that itcalls for evidentiary material
being
or information in the form of, or to be gleaned from, expert testimony and, therefore,
such demand is overly broad, improper and beyond the scope of a bill of particulars.
Dellaglio v. Paul, 250 A.D.2d 806, 673 N.Y.S.2d 212 (2d Dep't 1998); Heyward v.
Ellenville Cmty. Hosp., 215 A.D.2d 967, 627 N.Y.S.2d 167 (3d Dep't 1995); Patterson
v. Jewish Hosp. & Med Ctr. Of Brooklyn, 94 Misc. 2d 680, 405 N.Y.S.2d 194 (Sup.
Ct., Kings Co.), affd, 65 A.D.2d 553, 409 N.Y.S.2d 124 (2d Dep't 1978).
Without waiving the above stated objection, Plaintiff states that as a result of the above
mentioned occurrence, Plaintiff was seriously and severely injured, was rendered sick,
sore, lame and disabled, and so remains, was caused to suffer injury and damage and
sustain the following complications and sequelae, which were caused, precipitated,
contributed to and/or aggravated by the Defendant's negligence:
• Dysplasia in left eye;
• Growth of cells in left
inflammatory eye;
• Corneal edema on lefteye;
• Erythema around the limbus of left eye;
• Epithelial defect of left eye;
• demarcation from tissue of left
Sharp healthy eye;
• Large abrasion on left eye;
FILED: KINGS COUNTY CLERK 01/25/2019 10:01 AM INDEX NO. 521431/2016
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/25/2019
• Ischemic sclera in scleral lysis of left
resulting eye;
• plaque deposits on cornea of left
Patchy eye;
• Persistent epithelial defect of leftcornea;
• anterior scleritis of left
Superficial, eye;
• Corneal epithelial defect of left eye;
• Limbal stem cell in eye
injury left;
• Acute perilimbal damage to left eye;
• Epithelial and scleritis in left
breakdown, keratitis, eye;
• Staphylococcus epidermis;
• Acanthetic epithelium;
• Pain in left eye;
• of left
Swelling eye;
• Severe mucous discharge from left eye;
• Decreased vision in lefteye;
(b) All of Plaintiff's injuries are permanent.
10. (a) Plaintiff was not confined to bed;
(b) Plaintiff was not confined to house;
(c) Plaintiff was not confined to any hospital;
(d) Plaintiff was not confined to any Nursing Home or rehabilitative institutions.
11. (a) All bills have not been received to date; the exact amount in special damages for
medicals remains unknown, but is expected to be as high as $50,000.00;
(b) Not applicable;
(c) Not applicable;
(d) Not applicable;
(e) Unknown to Plaintiff at this time;
FILED: KINGS COUNTY CLERK 01/25/2019 10:01 AM INDEX NO. 521431/2016
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/25/2019
(f) Plaintiff is not claiming any other special damages.
12. - Not Plaintiff is not lost wages.
(a) (g) applicable; claiming
13.
14. As disclosing Plaintiff's Social Security Number in the course of litigation necessarily makes
that information public, it isimpermissible pursuant to New York State General Business Law
5 U.S.C. and the Federal Act of 1974 (Public Law - 7.
§ 899-aa, § 552(b)(6) Privacy 93-579) §
privacy."
To do so has been held to be "an unwarranted invasion of See Norwood v. FAA, 933
F.2d 570; International Brotherhood of Electric Workers v. U.S. Dept. of Housing and Urban
Development, 852 F.2d 87; Bibeau v. Cantiague Figure Skating Club, Inc., 294 A.D.2d 525,
742 N.Y.S.2d 864 (2d dept. 2002); Seelig v. Sielaff, 201 A.D.2d 298, 607 N.Y.S.2d 300 (1d
Dept. 1994). However, despite the fact that ithas run contrary to the Congressional intent of the
Social Security Act, as Social Security numbers have become a de facto numerical identifier,
Plaintiff hereby discloses the last 4-digits of her Social Security Number to aid in obtaining
records so identified: 7942.
15.
16. Plaintiff is claiming lack of informed consent; Plaintiff reserves the right to supplement this
response in the future.
17. Objection. Plaintiff reserves the right to supplement this response in the future.
18. (a) (i) Medicare and Medicaid;
(ii) Medicare Policy No.:
(iii) See above.
(b) To be provided.
FILED: KINGS COUNTY CLERK 01/25/2019 10:01 AM INDEX NO. 521431/2016
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/25/2019
PLEASE TAKE NOTICE, that Plaintiff reserves her right to supplement this response should
additional information become available.
Dated: February 10, 2017
Brooklyn, New York
Karasik Law Gr p, P.C.
By: Alex asik, Esq.
Attorneys fo P aintiff
Klara Khuto yanskaya
1810 Voorhies Avenue, Suite 9
Brooklyn, New York 11235
Tel.: (718) 502-9112
TO: Lori Rosen Semlies, Esq.
Wilson, Elser, Moskowitz, Edelman & Dicker LLP
Attorneys for Defendant
Brooklyn Eye Surgery Center L.L C.
d/b/a Brooklyn Eye Surgery Center
1133 Westchester Avenue
White Plains, New York 10604
Tel.: (914) 323-7000
Neil H. Ekblom, Esq.
Ekblom & Partners LLP
Attorneys for Defendant
Alexander Rabinovich, M D.
21st
850 Third Avenue, Floor
New York, New York 10022
Tel.: (646) 677-6000
LASER & MICROSURGERY, P.C. d/b/a
NY LASIK LASER & MICROSURGERY INSTITUTE
1985 Cedar Swamp Road
Brookville, New York 11545
FILED: KINGS COUNTY CLERK 01/25/2019 10:01 AM INDEX NO. 521431/2016
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/25/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
______________________________________----------------X
KLARA KHUTORYANSKAYA,
Index No: 521431/2016
Plaintiff,
-against-
VERIFICATION
LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER &
MICROSURGERY INSTITUTE, BROOKLYN EYE SURGERY
CENTER L.L.C. d/b/a BROOKLYN EYE SURGERY CENTER,
ALEXANDER RABINOVICH, M.D., and JOHN AND JANE
DOES 1 - 100 (Said names being fictitious, itbeing the intention of
Plaintiff to designate any and all individuals, parties, corporations
or entities, if any, having or claiming a knowledge of the foregoing
complaint),
Defendants.
...---..________..---------------------------------------X
STATE OF NEW YORK )
) ss.:
COUNTY OF KINGS )
KLARA KHUTORYANSKAYA, being duly sworn, deposes and says.
I am the Plaintiff in the herein action. I have read the foregoing Verified Bill of Particulars
and know the contents thereof and the same are true to the best of my knowledge, except matters
stated to be upon information and belief, and as to those I believe them to be true.
KLARA KHUTORYANSKAYA
Sworn to be me this
/# day of , 2017.
Not u c
JUUJA PENDORAK
Public,State of New York
Notary
No. 01PE6324204
Qualified inKings County
Commission Expires May 4, 20_
FILED: KINGS COUNTY CLERK 01/25/2019 10:01 AM INDEX NO. 521431/2016
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/25/2019
Preview
FILED: KINGS COUNTY CLERK 01/25/2019 10:01 AM INDEX NO. 521431/2016 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/25/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------- ------------X KLARA KHUTORYANSKAYA, Index No: 521431/2016 Plaintiff, -against- VERIFIED BILL OF LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER & PARTICULARS MICROSURGERY INSTITUTE, BROOKLYN EYE SURGERY CENTER L.L.C. d/b/a BROOKLYN EYE SURGERY CENTER, ALEXANDER RABINOVICH, M.D., and JOHN AND JANE DOES 1 - 100 (Said names it the intention of being fictitious, being Plaintiff to designate any and all individuals, parties, corporations or entities, if any, having or claiming a knowledge of the foregoing complaint), Defendants. ------------------------- ---------------------------X Plaintiff, KLARA KHUTORYANSKAYA (hereinafter, "Plaintiff"), by and through her attorneys, KARASIK LAW GROUP, P.C., as and for a Verified Bill of Particulars in response to demand of Defendant, BROOKLYN EYE SURGERY CENTER, L.L.C. d/b/a BROOKLYN EYE SURGERY CENTER (hereinafter, "Defendant"), states as follows: 1. (a) August 22, 2016; (b) 1301 Avenue J, Brooklyn, New York 11230. 2. Excision of a conjunctival cyst on leftlower lid. 3. Departure from the prevailing standard of care in failing to properly conduct the procedure causing permanent damage to the cornea and other components of the left eye. 4. Objection. Plaintiff reserves the right to supplement this response in the future. 5. (a) Not applicable; (b) Diagnosis was correct, however the procedure was performed defectively; (c) Not applicable; (d) Objection. Plaintiff reserves the right to supplement this response in the future; (e) Objection. Plaintiff reserves the right to supplement this response in the future; FILED: KINGS COUNTY CLERK 01/25/2019 10:01 AM INDEX NO. 521431/2016 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/25/2019 (f) Objection. Plaintiff reserves the right to supplement this response in the future; 6. (a) Conjunctival cyst excision on left eyelid, August 22, 2016; (b) Objection. Plaintiff reserves the right to supplement this response in the future; (c) Not applicable. 7. Failure to properly administer the procedure, causing serious injuries to Plaintiff. 8. Alexander Rabinovich, MD. 9. (a) Plaintiff objects to this demand as improper in that itcalls for evidentiary material being or information in the form of, or to be gleaned from, expert testimony and, therefore, such demand is overly broad, improper and beyond the scope of a bill of particulars. Dellaglio v. Paul, 250 A.D.2d 806, 673 N.Y.S.2d 212 (2d Dep't 1998); Heyward v. Ellenville Cmty. Hosp., 215 A.D.2d 967, 627 N.Y.S.2d 167 (3d Dep't 1995); Patterson v. Jewish Hosp. & Med Ctr. Of Brooklyn, 94 Misc. 2d 680, 405 N.Y.S.2d 194 (Sup. Ct., Kings Co.), affd, 65 A.D.2d 553, 409 N.Y.S.2d 124 (2d Dep't 1978). Without waiving the above stated objection, Plaintiff states that as a result of the above mentioned occurrence, Plaintiff was seriously and severely injured, was rendered sick, sore, lame and disabled, and so remains, was caused to suffer injury and damage and sustain the following complications and sequelae, which were caused, precipitated, contributed to and/or aggravated by the Defendant's negligence: • Dysplasia in left eye; • Growth of cells in left inflammatory eye; • Corneal edema on lefteye; • Erythema around the limbus of left eye; • Epithelial defect of left eye; • demarcation from tissue of left Sharp healthy eye; • Large abrasion on left eye; FILED: KINGS COUNTY CLERK 01/25/2019 10:01 AM INDEX NO. 521431/2016 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/25/2019 • Ischemic sclera in scleral lysis of left resulting eye; • plaque deposits on cornea of left Patchy eye; • Persistent epithelial defect of leftcornea; • anterior scleritis of left Superficial, eye; • Corneal epithelial defect of left eye; • Limbal stem cell in eye injury left; • Acute perilimbal damage to left eye; • Epithelial and scleritis in left breakdown, keratitis, eye; • Staphylococcus epidermis; • Acanthetic epithelium; • Pain in left eye; • of left Swelling eye; • Severe mucous discharge from left eye; • Decreased vision in lefteye; (b) All of Plaintiff's injuries are permanent. 10. (a) Plaintiff was not confined to bed; (b) Plaintiff was not confined to house; (c) Plaintiff was not confined to any hospital; (d) Plaintiff was not confined to any Nursing Home or rehabilitative institutions. 11. (a) All bills have not been received to date; the exact amount in special damages for medicals remains unknown, but is expected to be as high as $50,000.00; (b) Not applicable; (c) Not applicable; (d) Not applicable; (e) Unknown to Plaintiff at this time; FILED: KINGS COUNTY CLERK 01/25/2019 10:01 AM INDEX NO. 521431/2016 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/25/2019 (f) Plaintiff is not claiming any other special damages. 12. - Not Plaintiff is not lost wages. (a) (g) applicable; claiming 13. 14. As disclosing Plaintiff's Social Security Number in the course of litigation necessarily makes that information public, it isimpermissible pursuant to New York State General Business Law 5 U.S.C. and the Federal Act of 1974 (Public Law - 7. § 899-aa, § 552(b)(6) Privacy 93-579) § privacy." To do so has been held to be "an unwarranted invasion of See Norwood v. FAA, 933 F.2d 570; International Brotherhood of Electric Workers v. U.S. Dept. of Housing and Urban Development, 852 F.2d 87; Bibeau v. Cantiague Figure Skating Club, Inc., 294 A.D.2d 525, 742 N.Y.S.2d 864 (2d dept. 2002); Seelig v. Sielaff, 201 A.D.2d 298, 607 N.Y.S.2d 300 (1d Dept. 1994). However, despite the fact that ithas run contrary to the Congressional intent of the Social Security Act, as Social Security numbers have become a de facto numerical identifier, Plaintiff hereby discloses the last 4-digits of her Social Security Number to aid in obtaining records so identified: 7942. 15. 16. Plaintiff is claiming lack of informed consent; Plaintiff reserves the right to supplement this response in the future. 17. Objection. Plaintiff reserves the right to supplement this response in the future. 18. (a) (i) Medicare and Medicaid; (ii) Medicare Policy No.: (iii) See above. (b) To be provided. FILED: KINGS COUNTY CLERK 01/25/2019 10:01 AM INDEX NO. 521431/2016 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/25/2019 PLEASE TAKE NOTICE, that Plaintiff reserves her right to supplement this response should additional information become available. Dated: February 10, 2017 Brooklyn, New York Karasik Law Gr p, P.C. By: Alex asik, Esq. Attorneys fo P aintiff Klara Khuto yanskaya 1810 Voorhies Avenue, Suite 9 Brooklyn, New York 11235 Tel.: (718) 502-9112 TO: Lori Rosen Semlies, Esq. Wilson, Elser, Moskowitz, Edelman & Dicker LLP Attorneys for Defendant Brooklyn Eye Surgery Center L.L C. d/b/a Brooklyn Eye Surgery Center 1133 Westchester Avenue White Plains, New York 10604 Tel.: (914) 323-7000 Neil H. Ekblom, Esq. Ekblom & Partners LLP Attorneys for Defendant Alexander Rabinovich, M D. 21st 850 Third Avenue, Floor New York, New York 10022 Tel.: (646) 677-6000 LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER & MICROSURGERY INSTITUTE 1985 Cedar Swamp Road Brookville, New York 11545 FILED: KINGS COUNTY CLERK 01/25/2019 10:01 AM INDEX NO. 521431/2016 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/25/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ______________________________________----------------X KLARA KHUTORYANSKAYA, Index No: 521431/2016 Plaintiff, -against- VERIFICATION LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER & MICROSURGERY INSTITUTE, BROOKLYN EYE SURGERY CENTER L.L.C. d/b/a BROOKLYN EYE SURGERY CENTER, ALEXANDER RABINOVICH, M.D., and JOHN AND JANE DOES 1 - 100 (Said names being fictitious, itbeing the intention of Plaintiff to designate any and all individuals, parties, corporations or entities, if any, having or claiming a knowledge of the foregoing complaint), Defendants. ...---..________..---------------------------------------X STATE OF NEW YORK ) ) ss.: COUNTY OF KINGS ) KLARA KHUTORYANSKAYA, being duly sworn, deposes and says. I am the Plaintiff in the herein action. I have read the foregoing Verified Bill of Particulars and know the contents thereof and the same are true to the best of my knowledge, except matters stated to be upon information and belief, and as to those I believe them to be true. KLARA KHUTORYANSKAYA Sworn to be me this /# day of , 2017. Not u c JUUJA PENDORAK Public,State of New York Notary No. 01PE6324204 Qualified inKings County Commission Expires May 4, 20_ FILED: KINGS COUNTY CLERK 01/25/2019 10:01 AM INDEX NO. 521431/2016 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 01/25/2019