Preview
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/26/2019
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FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/26/2019
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 RABlNOVICH, M.D., and JOHN AND JANE
DOES 1 - 100 (Said names it the intention
being fictitious, being
of Plaintiff to designate any and all individuals, parties,
corporations or entities,ifany, having or claiming a knowledge of
the foregoing complaint),
Defendants.
Plaintiff, KLARA KHUTORYANSKAYA (hereinafter, "Plaintiff"), by and
through her attorneys, KARASIK LAW GROUP, P.C., as and for a Verified Bill of
Pard culars in response to demand of Defendant (hereinafter, "Defendant"), LASER &
MICROSURGERY, P.C. d/b/a NY LASIK LASER & MICROSURGERY
INSTITUTE states as follows:
1. The defendant departed from the prevailing standard of care in failing to properly
treat the persiancñt damage to the cornea and other components of the left eye.
2, From August 22, 2016 to Present.
3. Malpractice occurred during the course of a regular procedure.
4. Alexander Rabinovich, MD, an employee of the answering defcñdant.
5. - Not applicable. Plaintiff is not lostwages.
(a) (k) claiming
6. (a) unknown to plaintiff at thistime.
(b) unknown to plaintiff at thistime.
Plaintiff reserves her right to supplement this response
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/26/2019
7. (a) Plaintiff objects to this dcmañd as being improper in that it calls for
evidentiary material 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); Heywardv. 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.), aff'd, 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 occuricace, 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 coniplications and sequelae, which were caused,
Defendants'
precipitated, contributed to and/or aggravated by the negligence:
• Dysplasia in lefteye;
• Growth of cells in left
inflammatory eye;
• Corneal edema on lefteye;
• Erythema around the limbus of left eye;
• Epithelial defect of lefteye;
• dersarcation from tissue of left
Sharp healthy eye;
• Large abrasion on left eye;
• Ischemic sclera in scleral lysis of left
resulting eye;
• plaque deposits on cornea of left
Patchy eye;
• Persistent epithelial defect of leftcarñea
• anterior scleritis of left
Superficial, eye;
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/26/2019
• Corneal epithelial defect of left eye;
• Limbal stem cell in eye left
injury
• Acute perilimbal damage to lefteye;
• Epithelial and scleritis in left
breakdown, keratitis, eye; [
• Staphylococcus epidermis;
• Acanthetic epithelium;
• Pain in lefteye;
• of left
Swelling eye;
• Severe mucous discharge from lefteye;
• Decreased vision in left eye;
(b) All of Plaintiff'sinjuries are perñiâñeñt.
8. PLEASE TAIC NOTICE that Plaintiff s medical records are enclosed as
follows:
Exhibit A: Edward Rubinchik, M.D., Smart Eye Care, PLLC, 35 West End
Avenue, Professionals Unit 1, Brooklyn, New York 11235;
14"
Exhibit B: New York Eye and Ear Infirmary of Mount Sinai, 310 East
Street, New York, New York 10003;
Exhibit C: Angie Wen, M.D., New York Eye and Ear Infirmary of Mount
5"'
Sinai, 9020 Avenue, Brooklyn, New York 11209;
Exhibit D: Millie R. Fell, M.D., F.A.C.S., Brighton Eye Associates, 2025
Kings Highway, Brooklyn, New York 11229;
Exhibit E: John A. Seedor, M.D., F.A.C.S., New York Eye and Ear
14d'
Infirmary of Mount Sinai, 310 East Street,New York, New
York 10003.
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/26/2019
9. Not applicable.
10. See 8 above.
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) Plaintiffisnot claimiñg any other special damages.
12. Plaintiff reserves her right to supplement this response.
29*
13. 69 Bay Street, Apt. 4J, Brooldyn, New York 11214.
14. As disclosing Plaintiff's Social Security Number in the course of litigation
necessarily makes that information public, it is impermissible pursuant to New York
State General Business Law § 899-aa, 5 U.S.C. § 552(b)(6) and the Federal Privacy Act
of 1974 (Public Law - 7. To do so has been held to be "an unwarranted
93-579) §
privacy."
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 (ld 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.
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/26/2019
16. Plaintiff's medical treetnient has been indemnified by Medicare and Medicaid
insuinnee; the amaüilt of such has not yet been deterilliiled,but will be provided.
17. Objection. Plaintiffreserves the right to supplement this response in the future.
18. Objection. This demacd requires the production of expert testimony,
19. Plaintiff reserves her right to suppleñictit this response in the future.
20. Objection. This demand requires the production of expert testimony
21. From August 22, 2016 until present.
22. No.
23. Plaintiff reserves her right to supplement this response in the future.
PLEASE TAKE NOTICE, that Plaintiff reserves her right to supplemelit this
response should additional information become available.
Dated: November 30, 2017
Brooklyn, New York
Karasik L w Gro sp, P.C.
By: Alexa Karasik, Esq.
'
Attorneys f Plaintiff
Klara Khut yanskaya
1810 Voorh es Avenue, Suite 9
Brooklyn, New York 11235
Tel.: (718) 502-9112
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/26/2019
TO: Rosaleen T. McCroy, Esq.
Martin Clearwater & Bell LLP
Attorneys for Defendant
Laser & Microsurgery, P.C. s/h/a/ Laser & Microsurgery P.C.
d/b/a NY Lasik Laser & Microsurgery Institute
90 Merrick Avenue
East Meadow, NY 11554
Tel.: (516) 222-8500
Lori Rosen Semlies, Esq.
Wilson, Elser, Moskowitz, Edelñiañ & Dicker LLP
Attorneys for Defendant
Brooklyn Eye Surgery Center LL.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 De fendant
Alexander Rabinovich, M D.
21"
850 Third Avenue, Floor
New York, New York 10022
Tel.: (646) 677-6000
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/26/2019
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, ifany, 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 before me this
dday of bro , 2017.
,.4 KENNETH SILVER
... NOTARY PUELIC-STATE OF NEW YORK
No. 01S16003392
P blic Qualified in Kings County
My coIYishlaslon Exphos Morot1 02, 20, Ê
Preview
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/26/2019 I i FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/26/2019 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 RABlNOVICH, M.D., and JOHN AND JANE DOES 1 - 100 (Said names it the intention being fictitious, being of Plaintiff to designate any and all individuals, parties, corporations or entities,ifany, having or claiming a knowledge of the foregoing complaint), Defendants. Plaintiff, KLARA KHUTORYANSKAYA (hereinafter, "Plaintiff"), by and through her attorneys, KARASIK LAW GROUP, P.C., as and for a Verified Bill of Pard culars in response to demand of Defendant (hereinafter, "Defendant"), LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER & MICROSURGERY INSTITUTE states as follows: 1. The defendant departed from the prevailing standard of care in failing to properly treat the persiancñt damage to the cornea and other components of the left eye. 2, From August 22, 2016 to Present. 3. Malpractice occurred during the course of a regular procedure. 4. Alexander Rabinovich, MD, an employee of the answering defcñdant. 5. - Not applicable. Plaintiff is not lostwages. (a) (k) claiming 6. (a) unknown to plaintiff at thistime. (b) unknown to plaintiff at thistime. Plaintiff reserves her right to supplement this response FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/26/2019 7. (a) Plaintiff objects to this dcmañd as being improper in that it calls for evidentiary material 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); Heywardv. 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.), aff'd, 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 occuricace, 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 coniplications and sequelae, which were caused, Defendants' precipitated, contributed to and/or aggravated by the negligence: • Dysplasia in lefteye; • Growth of cells in left inflammatory eye; • Corneal edema on lefteye; • Erythema around the limbus of left eye; • Epithelial defect of lefteye; • dersarcation from tissue of left Sharp healthy eye; • Large abrasion on left eye; • Ischemic sclera in scleral lysis of left resulting eye; • plaque deposits on cornea of left Patchy eye; • Persistent epithelial defect of leftcarñea • anterior scleritis of left Superficial, eye; FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/26/2019 • Corneal epithelial defect of left eye; • Limbal stem cell in eye left injury • Acute perilimbal damage to lefteye; • Epithelial and scleritis in left breakdown, keratitis, eye; [ • Staphylococcus epidermis; • Acanthetic epithelium; • Pain in lefteye; • of left Swelling eye; • Severe mucous discharge from lefteye; • Decreased vision in left eye; (b) All of Plaintiff'sinjuries are perñiâñeñt. 8. PLEASE TAIC NOTICE that Plaintiff s medical records are enclosed as follows: Exhibit A: Edward Rubinchik, M.D., Smart Eye Care, PLLC, 35 West End Avenue, Professionals Unit 1, Brooklyn, New York 11235; 14" Exhibit B: New York Eye and Ear Infirmary of Mount Sinai, 310 East Street, New York, New York 10003; Exhibit C: Angie Wen, M.D., New York Eye and Ear Infirmary of Mount 5"' Sinai, 9020 Avenue, Brooklyn, New York 11209; Exhibit D: Millie R. Fell, M.D., F.A.C.S., Brighton Eye Associates, 2025 Kings Highway, Brooklyn, New York 11229; Exhibit E: John A. Seedor, M.D., F.A.C.S., New York Eye and Ear 14d' Infirmary of Mount Sinai, 310 East Street,New York, New York 10003. FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/26/2019 9. Not applicable. 10. See 8 above. 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) Plaintiffisnot claimiñg any other special damages. 12. Plaintiff reserves her right to supplement this response. 29* 13. 69 Bay Street, Apt. 4J, Brooldyn, New York 11214. 14. As disclosing Plaintiff's Social Security Number in the course of litigation necessarily makes that information public, it is impermissible pursuant to New York State General Business Law § 899-aa, 5 U.S.C. § 552(b)(6) and the Federal Privacy Act of 1974 (Public Law - 7. To do so has been held to be "an unwarranted 93-579) § privacy." 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 (ld 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. FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/26/2019 16. Plaintiff's medical treetnient has been indemnified by Medicare and Medicaid insuinnee; the amaüilt of such has not yet been deterilliiled,but will be provided. 17. Objection. Plaintiffreserves the right to supplement this response in the future. 18. Objection. This demacd requires the production of expert testimony, 19. Plaintiff reserves her right to suppleñictit this response in the future. 20. Objection. This demand requires the production of expert testimony 21. From August 22, 2016 until present. 22. No. 23. Plaintiff reserves her right to supplement this response in the future. PLEASE TAKE NOTICE, that Plaintiff reserves her right to supplemelit this response should additional information become available. Dated: November 30, 2017 Brooklyn, New York Karasik L w Gro sp, P.C. By: Alexa Karasik, Esq. ' Attorneys f Plaintiff Klara Khut yanskaya 1810 Voorh es Avenue, Suite 9 Brooklyn, New York 11235 Tel.: (718) 502-9112 FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/26/2019 TO: Rosaleen T. McCroy, Esq. Martin Clearwater & Bell LLP Attorneys for Defendant Laser & Microsurgery, P.C. s/h/a/ Laser & Microsurgery P.C. d/b/a NY Lasik Laser & Microsurgery Institute 90 Merrick Avenue East Meadow, NY 11554 Tel.: (516) 222-8500 Lori Rosen Semlies, Esq. Wilson, Elser, Moskowitz, Edelñiañ & Dicker LLP Attorneys for Defendant Brooklyn Eye Surgery Center LL.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 De fendant Alexander Rabinovich, M D. 21" 850 Third Avenue, Floor New York, New York 10022 Tel.: (646) 677-6000 FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 02/26/2019 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, ifany, 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 before me this dday of bro , 2017. ,.4 KENNETH SILVER ... NOTARY PUELIC-STATE OF NEW YORK No. 01S16003392 P blic Qualified in Kings County My coIYishlaslon Exphos Morot1 02, 20, Ê