Preview
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019
EXHIBIT C
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019
(FILED KINGS COUNTY CLERK INDEX NO. 521431/2016
: 12/02/ 2016 02:41 PM)
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/02/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----..---------.----..--- ..----------------·--X
KLARA KHUTORYANSKAYA, Index No:
Date Purchased:
Plaintiff,
-against- SUMMONS
Plaintiff designates Kings
LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER & County as the place of trial
MICROSUROERY INSTITUTE, BROOKLYN EYE SURGERY
CENTER L.L.C. d/b/a BROOKLYN EYE SURGERY CENTER, The basis of venue is:
ALEXANDER RAB1NOVICH, M.D., and JOHN AND JANE Place of Occurrence.
DOES 1 - 100 (Said names being fictitious,itbeing the intention of
Plaintiffto designate any and allindividuals, parties, corporations Plaintiff'sresidence:
29*
or if
entities, any, having or claiming a knowledge ofthe forcgoing 69 Bay Street, Apt. 4J
complaiñt), . Brooklyn, New York 11214 .
Defendants.
,..,---...--_ _-----.._.----........-....--._....------...---X
To the above named Defendants:
You are hereby summcacd to answer the compiªist in this action and to serve a
copy of your answer, or, ifthe complaint isnot served with thissummons, to serve a notice of
appearance on the Plaintiffs attorneys within twenty (20) days after the service of thises-es,
exclusive of the day of service, where service ismade by delivery upon you personally within
the state,or within thirty(30) days aftercompletion of service where service is made in any other
manner. In case of your failure to appear. or answer, judgment will be taken against you by
default for the reliefdemanded in the complaint.
Dated: November 29, 2016
Brooklyn, New York j
Karasik Law roup, P.C.
B : exander Karasik, Esq.
ttorneysfor Plaintiff
Klara Khutoryanskaya
1810 Voorhies Avenue, Suite 9
Brooklyn, New York 11235
Tel.: (718) 502-9112
1 of 17
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019
TO: LASER & MICROSURGERY, P.C. d/b/a
NY LASIK LASER & MICROSURGERY INSTITUTE
1985 Cedar Swamp Road
Brookville, New York 11545
BROOKLYN EYE SURGERY CENTER L.L.C d/b/a
BROOKLYN EYE SURGERY CENTER
1301 Avenue J
Brooklyn, New York 11230
ALEXANDER RABINOVICH, M.D.
587 Kings Highway
Bracklyn, New York 11223
2 of 17
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF IGNGS
__...___---... ___..__.___________.._____...·X
KLARA KHUTORYANSKAYA,
Index No:
Plaintiff,
-against-
LASER & MICROSURGERY, P.C. d/b/a NY LAS1K LASER & VERIFIED COMPLAINT
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
being fictitious, being
of Plaintiff to designate any and all individuals, parties,
corpordera or entities,ifany, having or claiming a knowledge of
the foregoing complaint),
Defendants.
________.._....._______.._______..-----X
Plaintiff,KLARA KHUTORYANSKAYA (hereinafter,"Plaintiff"), by and through her .
attc1ñcys, KARASIK LAW GROUP, P.C., coir·pleñing of Defendants 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
ALEXANDER and JOHN AND JANE DOES 1 - 100
CENTER, RAB1NOVICH, M.D.,
(hereinafter,"DefendaMs"), alleges,upon information and belief, as fallaws:
THE PARTIES
1. At alltimes herein mentioned, Plaintiffwas and stillis a resident of the State of
New York, County of Kings.
2. At alltimes herein mendoned, upon informatian and belief,Defender-t LASER &
MICROSURGERY, P.C. d/b/a NY LASIK LASER & MICROSURGERY INSTITUTE
(herciñafter referred to as "L&M"), was and stillis a domestic professional corporation with its
principal place of business at 587 Kings Highway, Brooldyn, New York 11223.
3 of 17
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019
3. At all times herein mentioned, upon information and belief, Defcadant
BROOKLYN EYE SURGERY CENTER L.L.C d/b/a BROOKLYN EYE SURGERY CENTER
.
(liereiüufterrcfcrred to as "BESC"), was and stillis a domestic limited liabilitycompany with its
principal place of h"cina-= at 1301 Avenue New York 11230,
J, Brooklyn,
!
4. At all times herein mentioned, upon information and belief, Defendant
ALEXANDER RABINOVICH, M.D. (hereinafter referred to as "RABINOVICH"), was and still
is a physician duly licensed to practice medicine in the State of New York, with his principal
place of business at 587 Kings Highway, Brooklyn, New York 11223.
5. Plaintiff isignorant of the true names and capacitics,whether individuals, parties,
or of Defcñdants sued herein as JOHN AND JANE DOES 1 - 100
entities, corporations,
(hereinafter, collectively, "DOES"), inclrisive, and therefore sues said Ddendents by such
fictitiousnames. Plaintiff isinfonned and believes, and upon such information and belief,alleges
that each of the Defendants designated herein as a DOE is legallyresponsible in some manner
for the events and happ-nings referred to herein and caused the damages próxirsately thereby to
Plaintiffas hereinafter alleged. Plaintiffwill seek leave of court to amend this Complaint to show
the truename and capacities of the Defendants designated herein as DOES when the same have
been ascertained.
6. At all times herein mentioned, upon information and belief,Defendant L&M was
and still is the owner of a healthcare facility known as NY LASIK LASER &
MICROSURGERY INSTITUTE.
7, At all times herein mentioned, upon inforrsaticñ and belief, Defendant L&M
owned, operated, controlled, and niãnà ged the hanlthcare facility known as NY LASIK LASER
& MICROSURGERY INSTITUTE pursuant to the laws of the Stateof New York.
4 of 17
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019
8. At alltimes herein mentioned, upon information and belief,Dcfcñdant BESC was
and stillisthe owner of a hcalthcare facilityknown as BROOKLYN EYE SURGERY CENTER.
9, At all times herein unauicaed, upon information and belief, Defendant BESC
owned, operated, controlled, and inañaged the heaWeare facility known as BROOKLYN EYE
SURGERY CENTER pursuant to the laws of the State ofNew York.
10. At all times herein mentioned, upon information and belief, Defendâñt
RABINOVICH held himself out to be a physician offering profadonal services to the public in
general and toPlaintiff in particular.
11. At all times herein meñticacd, upon information and belief, Defcadâñt
RABINOVICH represented that he was competent to perform and render allthe medical care,
treatment, services, and advice required by Plaintiff.
12. At all times herein mcñticñcd, upon information and belief, Defendwit
RABINOVICH was an empicycc of Defendant L&M,
13. At all times herein mentiêñéd, upon information and belief, Defendâñt
RAB1NOVICH was an agent of Defendant L&M.
14. At all times herein mcñticaed, upon information and belief, Defendant
RABINOVICH was a licensee of Defendant L&M.
15. At all times herein menuened, upon information and belief, Defcñd-ñts
RABINOVICH and L&M stood in such a rc'stieñship with one another in their care and
treatmcñt of Plaintiff as to make each liable for the actsand omissions of the other.
AS AND FOR A FIRST CAUSE OF ACTION
(For Medical Malpractice against allDefendants)
16. Plaintiff repeats and realleges each and every silegatics contained in paragraphs 1
through 15 as though set forthfully and at length herein.
5 of 17
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019
17. On or about August 22, 2016 and thereafter, Plaintiffsought the profcssional care
of Defendant L&M for certain medical ceirplaiñG and this Defendant, itsagents, servants and/or
cmpicyees, rendered medical care, diaggesis, treatment, and services for her.
18. On or about August 22, 2016 and thereafter, Plaintiff sought the professicaâl care
mah='
of Defcñdâ12 BESC for certain ceiiiplaintsand this Defendant, itsagents, servants
=ah='
and/or empicyees, reñdered care, diagnosis, ti nt and servicesfor her.
19. On or about August 22, 2016 and thereafter,Plaintiff sought the professional care
of Defciidâüt RAB1NOVICH for certain medical cer;!:Es and this Defendant, its agents,
servants and/or employers rendered medical care,diagnosis, ticatment, and services forher.
20. On or about August 22, 2016, Plaintiff was admitted to BROOKLYN EYE
SURGERY CENTER to have a conjunctival cyst excision on her lefteye (hereinafter referred to
as "Surgery") performed by Defendant RABINOVICH, while such Defendant was in the course
of his employment to Defendant L&M.
21. At allrelevant times, itwas the duty of Defendaiit L&M, its doctors, agents,
scryâñts, and/or employees, Defcñdañt BESC, its doctors, agents, servants, and/or employees,
and Defendant RABINOVICH to perform the Surgery and/or the perforreañce of said medical
services involviñg the excision of Plaintiff's conjunctival cyst in a skilled, competent, and
worlananlike manner, and to exercise and/or be respoñsibic for the exercise of crdinary and
reasonable care in so performing said medical services, which were to be within an scccpuble
standard of medical care within the medical community.
22. Defcñdañt L&M, its doctors, agents, servants, and/or employees, Defendat
BESC, itsdoctors, agents, servants, and/or employees, and Deferalâñt RAB1NOVICH conducted
thcmscives in an unskillful, incompctartt, unprofessicñal, careless and negligcñt manner and/or
6 of 17
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019
with reckless disregard for Piaintiff s safety,and breached the acceptable standard of medical
care within the medical cc-n:±ÿ by severely injuring and dañiaging Plaintiff's left
conjunctiva during the Surgery.
23. Defendant L&M, its doctors, agents, servants, and/or employees, Defcñdact
BESC, itsdoctors, agents, servañts, and/or erapicyces, and Defendant RABINOVICH conducted
eceselves in an unWilful, incompetent, uñptcfcssioñA careless and negligent manner and/or
with reckless disregard for Plaintiff's safety, and breached the acceptshic standard of inedical
care within the medical c^rrrMy by failing to diagnose that Plaintiff's leftcüñjüñctiva had
been injured and damaged during the Surgery.
24. On or about August 22, 2016 and thereafter, Defcñdañt L&M, through its
physicians, employees, and was careless and/or 'mMilad in that failed
personnel, negligent, they
and pagleted to exercise that degree of care, caution, prudence, skill,ability, professional
and luiõvviedge possessed hospitâLa and other healthcare
training generally by physiciañs,
providers, in the locality or similar in
localities; failing to adcqüätely hire,credential and provide
properly trained, experieüced, competent medical personnel to diagacse and treat Plaintiffs
=&=¹
cenditicas, in failing to properly supervise treatment rendered to Plaintiff;in failingand
neglectiñg to design, promulgate and/or enforce rules, regAtions, policies, standards and
guidelines necessary to provide adeqüâte and proper medical treatment; ; in negligently
performing clinical exansnations of Plaintiff; in improperly, carelessly, ñcgligently, and
carelessly performing surgery and operatioñ on Plaintiff,in particular excising a conjunctival
cyst on Plaintiffs left eye; in failing to adeq''etely inform Plaintiffof the coñ:êquences of
treatment undertake; in failingto inadequately inform Plaintiff of the conseqücaces of surgery; in
failing to properly scdicatc Plaintiff;in failing to select the proper instruineñts, tools, and/or
7 of 17
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019
equipmcñt necessary for Plaintiff'sparticular surgery; in failingto select the proper medicaticñs,
creams, ointments, and/or mesthetics necessary for Plaintiff s particular surgery; in failing to
treatthe condi4ns manifested by Plaintiff;in failing to take note of or adequately respond to
Plaintiff's manifested signs, syñiptoms and esyEñts; in failing to timely take medical
measures to alleviateand/or cure Plaintiff s medical ccñditiess; in failing to implemcat proper
and adequate practices; in failingto perform proper and secessary diagnostic tests;in failing to
provide adequate wound care;in deviating and departing from good and accepted principals and
standards of medical care and practice.
25. On or about August 22, 2016 and thereafter, Deibndant BESC, through its
pliysiciaña, employees, and permvmal3 were acgligcñ‡, careless and/or -wned in that they
failed and neglected to exercise thatdegree of care, caution, pmdouue, skill,ability, professional
najning and kñcwicdge generally possessed by physicians, hospitals and other healthcare j
providers, in the localityor similar leedities; in failingto adcqüatcly hire,credentisi and provide
properly Mained, expcricñced, cempetcñt medical personnel to diagnose and treat Plaintiffs
eOñÛZilûñ3; in failingto properly supervise medical treatment rcñdered to elaintiff;in failing and
neglecting to design, proiñü1gâ‡e and/or enforce rules, regulaticñs, policies, standards and
guidelines necessary to provide adeqüste and proper medical tecatmcat; ; in ñogligently
clinical ~±=ª==ª== of in carelessly, and
performing Plaintiff; improperly, negligently,
careicssly performing surgery and operation on Plaintiff,in páiticülâr excising a conjunctival
cyst on Plaintiff's left eye; in failing to adeqüâtely inform Plaintiff of the conscqücnces of
treatmeñt undertake; in failingto inadeqüétely inform Plaintiffofthe consequences of surgery; in
failingto properly medie tê Plaintiff; in failing to select the proper instruments, tools, and/or
equipmeñt necessary for Plaintiff s particularsurgery; in failingto selectthe proper medications,
8 of 17
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019
creams, ointments, and/or anesthetics ñccessary for Plaintiff's particular surgery; in failing to
treat the condi+iens manifested by Plaintiff;in failing to take note of or sdêquatcly respond to
Plaintiff's manifested signs, symptains and complahts; in failing to timely take medical
measures to alicviateand/or cure Plaintiff's medical conditions; in failing to implemet proper
and adequatc practices; in failingto perform proper and necessary diagnostic tests;in failing to
provide adequate wound care; in deviating and departing from good and accepted principals and
standards of medical care and practice.
26, On or about August 22, 2016 and thereafter, Def=ndant RABINOVICH, was
ñcgligcat, careless and/or unskilled in thathe failed and neglected to exercise that degree of care,
caution, prüdcace, skill, ability,professional training, and laicwledge generally possessed by
physicians and other healthcare providers, in the locality or similar localities;in negligently
performing clinical examksties of Plaintiff; in 'improperly, carelesdy, acgligcñtly, and
carelessly performing surgery and epcraticñ on Plaintiff, in particular excising a cenjüü©tival
cyst on Plaintiff's left eye; in failing to adeqüãtely inform Plaintiff of the conseqü ñces of
treatnent üüdcitake; in failing to iñadcÿüately infonn Plaintiff of the conseqücaces of surgery; in
failing to properly reedicate Plaintiff;in failing to select the proper instruments, tools, and/or
eqüipscñ‡ necessary for Plaintiff'sparticular surgery; in failingto select the proper medications,
creams, ointments, and/or anestlictics necessary for Plaintiff's particular surgery; in failing to
treatthe conditions isanifested by Plaintiff;in failing to take note of or adequatcly respond to
Plaintiff's manifested signs, symptoms and ccñplaints; in failing to timely take medical
measures to alleviate and/or cure Plaintiff's medical con iona; in failing to implemcat proper
and adequate p1wness; in failing to perform proper and necessary diagñ0stic tests;in failing to
9 of 17
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019
provide adequatc wound care; in deviating and dcpaniñg from good and accepted priñcipals and
standards of medical care and practice.
27. That as a direct and proximate result of the breach of the acceptable stâñdard of
acdical care within the medical ccrdy by Defendant L&M, itsdoctors, agents, servants,
and/or employees, Defendâñt BESC, its doctors, agents, servants, and/or employees, and
Defeñdañt RABINOVICH, which woulted in severe injuries and damages during the Saigory
and the subsequent failure of Defcadañt L&M, itsdoctors, agents, scivants, and/or cmployees,
Dcfcñdañt BESC, itsdoctors, agents, servants, and/or employees, and Dcfmdant RABINOVICH
to diagnose the injuries and damages that resulted from the Surgery, Plaintiff suffered from
numerous complications, including but not limited to pain, buming, inhfinn, tcmporary loss of
vision, decrcased visual acuity and maccus discharge, requiring Plaintiff to undergo additieñsl
treatment and procedures.
28. Plaintiff will continue to suffer great embarr::==+ and
pain, discomf~t,
anguish, both physical and mental, and will suffer such pain, discomfort, embarressraent and
Defcñdants'
aguish into the future as a result of negligcnoc, and has incurred great expense for
medical treatment, and was deprived of the quality of life Plaintiff would have otherwise
enjoyed.
29. That all of the injuries and damages sustained by Plaintiff were the direct and
prcximate resultof the negligent actions of the Defendane, and thrcügh no faultof her own.
I
30. As a resultof the afarcmcñticñcd, Plaintiff suffered damages, both compeatory
I
I
and in an amount to be determined at trial
but which exceeds the jar!=ª £=al limits
exemplary,
of alllower courts which would atherwise have jurisdictica and which warrants the jurisdicticn
of thisCourt.
10 of 17
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019
AS AND FOR A SECOND CAUSE OF ACTION
(For Negligence against L&M and BESC)
31. Plaintiffrepeats and realleges each and every allegation contained in paragraphs 1
through 30 as though set forthfully and at length herein.
32. Defendent L&M was negligent in hiring and supervising medical personnel who
were careless,unskillful, acgligcat, and who did not possess the requisiteknowledge and skillof
medical professionals in the community,
33. Defendant BESC was acgligêñt in hiring and supervising medical percomel who j
were careless, unskillful, negligent, and who did not possess the requisiteknowledge and skill of
medical professionals in the community.
34. By reason of the above, Plaintiffhas sustaiñcd great pain, agony, injury,suffering,
disability,and licspit4lizativas,as well as mental âñguish and emotional disticss.
35. As a result of the aforcmcationed, Plaintiff suffered damages, both corapêñsatory
and exemplary, in an amont to be determined at but
trial which exceeds the jurisdictional limits
of alllower courts which would otherwise have jurisdicticñ and which warrants the jurisection
of this Coat
AS AND FOR A THIRD CAUSE OF ACTION
(For Informed Consent against allDefendâñts)
36. Plaintiffrepeats and realleges each and every allegation contained in paragraphs 1
through 35 as though set forthfully and atlength herein.
37. Defendants csducted themselves in an unskillful, incompetent, üñprafessiõñâl,
careless, and negligent manner and/or with reckless disregard for Plaintiffs safety in that
Def6ñdâñts failed to obtain the informed ceasent of Plaintiff,and a re=:ësbly prudent person in
Plaintiff's circumstances, had she been so infarmed of possible adicise scqualâ and
1'
11 of
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019
ramifications of the tmatment and pr6cedures to be performed, would not have agreed to the
treatment as performed,
38. The lack of informed consent alleged herein is a proximate cause of the injuries,
conditions and disabilities for which recovery issought.
39. As a resultof the aforementioned negligence of Defendants, Plaintiff has suffered
and will continue to suffer great pain, discõmfort, embarrassent and ;ñgnish, both physical and
i
mental, and will suffer such embarrie-9 and angüish into the future as a
pain, discomfort,
Defbñd-ints'
result of negligence, and has incurred great expense for scdical ticatreet, and was
deprived of the quality of lifePlaintiffwould have otherwise êñjoyed.
40. The aforementioned pain, discomfort, cmbarressmat anguish and/or numbñcss,
expcase and dimiñütion of quality of life suffered by Plaintiff were caused solely by the
carelessacsa and ñêgligeñcc of Defendants and no negligence on the part of Plaintiffcontributed
thereto.
41. As a msult of the aforementioned, Plaintiffsuffered damages, both compesetery
and exemplary, in an amount to be dctcrmiñcd at trialbut which exceeds the jurisdicticñal limits
of alllower courts which would otherwisc have jurisdicti0ñ and which warrants the juri:M=
of thisCourt.
AS AND FOR A FOURTH CAUSE OF ACTION
(For Failure to Provide Records against L&M)
42. Plaintiff repeats and realleges each and allegation cmidm! in paragraphs 1
every
through 41 as though set forth fullyand at length herein.
43. At alltimes herein mentioned, Defendant L&M mainteined the medical records
|
which recorded the entire medical history of Plaintiff in association with her tmatment at the
Defendant's medical facility.
12 of 17
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019
44. At alltimes herein mantianad, Defcadâüt L&M had a duty to keep and
the medical records which recorded the entire iüédied history of Plaintiffis association with her
treetscñt atthe Defendant's medical facility.
45. Upon information and belief,at thetime when the coricspsadcace with regard to
this litigation co-scñccd, Defendant L&M was in pessessión of the medical records in
association with the imatment of Plaintiffat theDefendant's medical facility.
46. Upon infonnation and belief, Defendant L&M was aware of the potential
litigationpcñding comtnencement.
47. Plaintiffrequested said medical records through a duly executed âütherization
form sent to Defendant L&M on or about Septembct 14, 2016.
48. Plaintifficpeated her request for said racdical records thraügh a duly executed
authorization fonn sent to Dafandan+L&M on or about October 19, 2016.
49. To date Defbñdañt L&M failed and/or neglected to previde the recdical records to
Plaintiff,and as such has impaired and will impair Plaintiff's abilityto prove her causes of action
for medical rueprsetice; the widdielding of such medical records makes itextremely difficultfor
Plaintiff to estêblish what actually occurred and provides Dcfcñdants the abilityto testify to a
contrived version of the events without being ecñtradicted by the medical records.
50. By and through the foregoing, the withholding of the aforesaid medical records
has caused Plaintiffsignificant prejudice in the presecutica of her action.
AS AND FOR A FIFTH CAUSE OF ACTION
(For Vicarious Liability/Respc-ñëêat Superior/Agency against L&M)
51. Plaintiffrepeats and realleges each and every allegation cêñtaiñêd in paragraphs 1
through 50 as though set forthfully and atlength herein.
13 of 17
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019
52. During all material times alleged herein, while Plaintiff was receiving mcdical |
care and treatment from Dafandant this Defendant was employed Defendant
RABINOVICH, by
L&M and was acting in the scope of thatempicyment
53. Defendant L&M is respenoible for Dcâñdant RABINOVICH's breach of
applicable medical care under the doctrine of Respendcat Superior since Defendañt
RABINOVICH was performing duties as an employee and/or agent of D-&ndant L&M while
providing medice care and treatmcat to which
Plaintiff, resulted in a physical injury to Plaintiff,
Dcendents'
the subject injures and damages were proxiüiately caused by actions and were
incidental to the respc-ñsibilitiesDefcñdõnt RABINOVICH was hired to perform by Dcfcadañt
L&M.
54. Defendant L&M isvicariously liablefor Plaintiff'sinjuries.
WHEREFORE, Plaintiff dcma-ds judgment against the Defeüdants.
a. On the First Cause of Action, in a sum of money having a present value which
exceeds the jurisdictional limits of alllower courts which would otherwise have jurisdictióñ of
thismatter;
b. On the Second Cause of Action, in a sum of money having a present value which
exceeds the jurisdicticnal limitsof all lower courts which would otherwise have jurisdiction of
thismatter;
c. On the Third Cause of Action, in a sum of money having a present value which
execcds the jurisdicticñsl limits of all lower courts which would otherwise have jurisdictica of
!
thismatter;
14 of 17
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019
d. On the Fourth Cause of Action, in a sum of money having a present value which
exceeds the jurisdicticñãl limits of alllower courts which would otherwise have jurisdiction of
thismatter;
e. On the Fifth Cause of Action, in a sum of money having a present value which
exceeds the jüiisdictionallimits of alllower courts which would otherwise have jurisdicuon of
thismatter;
f. Together with costs and disbürsement of thisaction; and
g. Such other and furtherrelief as the Court may deem just and proper.
Dated: November 29, 2016
Brooklyn, New York
Karasik Law Group, P.C.
By: Al er Karasik, Esq.
Attor eys for Plaintif
Kl ra Khutoryanskaya
1810 Voorhies Avenue, Suite 9
Brooklyn, New York 11235
Tel.: (718) 502-9112
TO: LASER & MICROSURGERY, P.C. d/b/a
NY LAS1K LASER & MICROSURGERY INSTITUTE
1985 Cedar Swamp Road
Brookville, New York 11545
BROOKLYN EYE SURGERY CENTER L.L.C d/b/a
BROOKLYN EYE SURGERY CENTER
1301 Avenue J
Brooklyn, New York 11230
ALEXANDER RABINOVICH, M.D.
587 Kings Highway
Brooklyn, New York 11223
15 of 17
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
._.__..----..----..____._..__...........________.... ___..-X
KLARA KHUTORVANSKAYA,
Index No:
Plaintiff,
-against-
LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER & VERIFICATION
MICROSURGERY TNSTITUTE, BROOKLYN EYE SURGERY
CENTER L.L.C. d/b/a BROOKLYN EVE 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 for
Preview
FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019 EXHIBIT C FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019 (FILED KINGS COUNTY CLERK INDEX NO. 521431/2016 : 12/02/ 2016 02:41 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/02/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----..---------.----..--- ..----------------·--X KLARA KHUTORYANSKAYA, Index No: Date Purchased: Plaintiff, -against- SUMMONS Plaintiff designates Kings LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER & County as the place of trial MICROSUROERY INSTITUTE, BROOKLYN EYE SURGERY CENTER L.L.C. d/b/a BROOKLYN EYE SURGERY CENTER, The basis of venue is: ALEXANDER RAB1NOVICH, M.D., and JOHN AND JANE Place of Occurrence. DOES 1 - 100 (Said names being fictitious,itbeing the intention of Plaintiffto designate any and allindividuals, parties, corporations Plaintiff'sresidence: 29* or if entities, any, having or claiming a knowledge ofthe forcgoing 69 Bay Street, Apt. 4J complaiñt), . Brooklyn, New York 11214 . Defendants. ,..,---...--_ _-----.._.----........-....--._....------...---X To the above named Defendants: You are hereby summcacd to answer the compiªist in this action and to serve a copy of your answer, or, ifthe complaint isnot served with thissummons, to serve a notice of appearance on the Plaintiffs attorneys within twenty (20) days after the service of thises-es, exclusive of the day of service, where service ismade by delivery upon you personally within the state,or within thirty(30) days aftercompletion of service where service is made in any other manner. In case of your failure to appear. or answer, judgment will be taken against you by default for the reliefdemanded in the complaint. Dated: November 29, 2016 Brooklyn, New York j Karasik Law roup, P.C. B : exander Karasik, Esq. ttorneysfor Plaintiff Klara Khutoryanskaya 1810 Voorhies Avenue, Suite 9 Brooklyn, New York 11235 Tel.: (718) 502-9112 1 of 17 FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019 TO: LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER & MICROSURGERY INSTITUTE 1985 Cedar Swamp Road Brookville, New York 11545 BROOKLYN EYE SURGERY CENTER L.L.C d/b/a BROOKLYN EYE SURGERY CENTER 1301 Avenue J Brooklyn, New York 11230 ALEXANDER RABINOVICH, M.D. 587 Kings Highway Bracklyn, New York 11223 2 of 17 FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF IGNGS __...___---... ___..__.___________.._____...·X KLARA KHUTORYANSKAYA, Index No: Plaintiff, -against- LASER & MICROSURGERY, P.C. d/b/a NY LAS1K LASER & VERIFIED COMPLAINT 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 being fictitious, being of Plaintiff to designate any and all individuals, parties, corpordera or entities,ifany, having or claiming a knowledge of the foregoing complaint), Defendants. ________.._....._______.._______..-----X Plaintiff,KLARA KHUTORYANSKAYA (hereinafter,"Plaintiff"), by and through her . attc1ñcys, KARASIK LAW GROUP, P.C., coir·pleñing of Defendants 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 ALEXANDER and JOHN AND JANE DOES 1 - 100 CENTER, RAB1NOVICH, M.D., (hereinafter,"DefendaMs"), alleges,upon information and belief, as fallaws: THE PARTIES 1. At alltimes herein mentioned, Plaintiffwas and stillis a resident of the State of New York, County of Kings. 2. At alltimes herein mendoned, upon informatian and belief,Defender-t LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER & MICROSURGERY INSTITUTE (herciñafter referred to as "L&M"), was and stillis a domestic professional corporation with its principal place of business at 587 Kings Highway, Brooldyn, New York 11223. 3 of 17 FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019 3. At all times herein mentioned, upon information and belief, Defcadant BROOKLYN EYE SURGERY CENTER L.L.C d/b/a BROOKLYN EYE SURGERY CENTER . (liereiüufterrcfcrred to as "BESC"), was and stillis a domestic limited liabilitycompany with its principal place of h"cina-= at 1301 Avenue New York 11230, J, Brooklyn, ! 4. At all times herein mentioned, upon information and belief, Defendant ALEXANDER RABINOVICH, M.D. (hereinafter referred to as "RABINOVICH"), was and still is a physician duly licensed to practice medicine in the State of New York, with his principal place of business at 587 Kings Highway, Brooklyn, New York 11223. 5. Plaintiff isignorant of the true names and capacitics,whether individuals, parties, or of Defcñdants sued herein as JOHN AND JANE DOES 1 - 100 entities, corporations, (hereinafter, collectively, "DOES"), inclrisive, and therefore sues said Ddendents by such fictitiousnames. Plaintiff isinfonned and believes, and upon such information and belief,alleges that each of the Defendants designated herein as a DOE is legallyresponsible in some manner for the events and happ-nings referred to herein and caused the damages próxirsately thereby to Plaintiffas hereinafter alleged. Plaintiffwill seek leave of court to amend this Complaint to show the truename and capacities of the Defendants designated herein as DOES when the same have been ascertained. 6. At all times herein mentioned, upon information and belief,Defendant L&M was and still is the owner of a healthcare facility known as NY LASIK LASER & MICROSURGERY INSTITUTE. 7, At all times herein mentioned, upon inforrsaticñ and belief, Defendant L&M owned, operated, controlled, and niãnà ged the hanlthcare facility known as NY LASIK LASER & MICROSURGERY INSTITUTE pursuant to the laws of the Stateof New York. 4 of 17 FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019 8. At alltimes herein mentioned, upon information and belief,Dcfcñdant BESC was and stillisthe owner of a hcalthcare facilityknown as BROOKLYN EYE SURGERY CENTER. 9, At all times herein unauicaed, upon information and belief, Defendant BESC owned, operated, controlled, and inañaged the heaWeare facility known as BROOKLYN EYE SURGERY CENTER pursuant to the laws of the State ofNew York. 10. At all times herein mentioned, upon information and belief, Defendâñt RABINOVICH held himself out to be a physician offering profadonal services to the public in general and toPlaintiff in particular. 11. At all times herein meñticacd, upon information and belief, Defcadâñt RABINOVICH represented that he was competent to perform and render allthe medical care, treatment, services, and advice required by Plaintiff. 12. At all times herein mcñticñcd, upon information and belief, Defendwit RABINOVICH was an empicycc of Defendant L&M, 13. At all times herein mentiêñéd, upon information and belief, Defendâñt RAB1NOVICH was an agent of Defendant L&M. 14. At all times herein mcñticaed, upon information and belief, Defendant RABINOVICH was a licensee of Defendant L&M. 15. At all times herein menuened, upon information and belief, Defcñd-ñts RABINOVICH and L&M stood in such a rc'stieñship with one another in their care and treatmcñt of Plaintiff as to make each liable for the actsand omissions of the other. AS AND FOR A FIRST CAUSE OF ACTION (For Medical Malpractice against allDefendants) 16. Plaintiff repeats and realleges each and every silegatics contained in paragraphs 1 through 15 as though set forthfully and at length herein. 5 of 17 FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019 17. On or about August 22, 2016 and thereafter, Plaintiffsought the profcssional care of Defendant L&M for certain medical ceirplaiñG and this Defendant, itsagents, servants and/or cmpicyees, rendered medical care, diaggesis, treatment, and services for her. 18. On or about August 22, 2016 and thereafter, Plaintiff sought the professicaâl care mah=' of Defcñdâ12 BESC for certain ceiiiplaintsand this Defendant, itsagents, servants =ah=' and/or empicyees, reñdered care, diagnosis, ti nt and servicesfor her. 19. On or about August 22, 2016 and thereafter,Plaintiff sought the professional care of Defciidâüt RAB1NOVICH for certain medical cer;!:Es and this Defendant, its agents, servants and/or employers rendered medical care,diagnosis, ticatment, and services forher. 20. On or about August 22, 2016, Plaintiff was admitted to BROOKLYN EYE SURGERY CENTER to have a conjunctival cyst excision on her lefteye (hereinafter referred to as "Surgery") performed by Defendant RABINOVICH, while such Defendant was in the course of his employment to Defendant L&M. 21. At allrelevant times, itwas the duty of Defendaiit L&M, its doctors, agents, scryâñts, and/or employees, Defcñdañt BESC, its doctors, agents, servants, and/or employees, and Defendant RABINOVICH to perform the Surgery and/or the perforreañce of said medical services involviñg the excision of Plaintiff's conjunctival cyst in a skilled, competent, and worlananlike manner, and to exercise and/or be respoñsibic for the exercise of crdinary and reasonable care in so performing said medical services, which were to be within an scccpuble standard of medical care within the medical community. 22. Defcñdañt L&M, its doctors, agents, servants, and/or employees, Defendat BESC, itsdoctors, agents, servants, and/or employees, and Deferalâñt RAB1NOVICH conducted thcmscives in an unskillful, incompctartt, unprofessicñal, careless and negligcñt manner and/or 6 of 17 FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019 with reckless disregard for Piaintiff s safety,and breached the acceptable standard of medical care within the medical cc-n:±ÿ by severely injuring and dañiaging Plaintiff's left conjunctiva during the Surgery. 23. Defendant L&M, its doctors, agents, servants, and/or employees, Defcñdact BESC, itsdoctors, agents, servañts, and/or erapicyces, and Defendant RABINOVICH conducted eceselves in an unWilful, incompetent, uñptcfcssioñA careless and negligent manner and/or with reckless disregard for Plaintiff's safety, and breached the acceptshic standard of inedical care within the medical c^rrrMy by failing to diagnose that Plaintiff's leftcüñjüñctiva had been injured and damaged during the Surgery. 24. On or about August 22, 2016 and thereafter, Defcñdañt L&M, through its physicians, employees, and was careless and/or 'mMilad in that failed personnel, negligent, they and pagleted to exercise that degree of care, caution, prudence, skill,ability, professional and luiõvviedge possessed hospitâLa and other healthcare training generally by physiciañs, providers, in the locality or similar in localities; failing to adcqüätely hire,credential and provide properly trained, experieüced, competent medical personnel to diagacse and treat Plaintiffs =&=¹ cenditicas, in failing to properly supervise treatment rendered to Plaintiff;in failingand neglectiñg to design, promulgate and/or enforce rules, regAtions, policies, standards and guidelines necessary to provide adeqüâte and proper medical treatment; ; in negligently performing clinical exansnations of Plaintiff; in improperly, carelessly, ñcgligently, and carelessly performing surgery and operatioñ on Plaintiff,in particular excising a conjunctival cyst on Plaintiffs left eye; in failing to adeq''etely inform Plaintiffof the coñ:êquences of treatment undertake; in failingto inadequately inform Plaintiff of the conseqücaces of surgery; in failing to properly scdicatc Plaintiff;in failing to select the proper instruineñts, tools, and/or 7 of 17 FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019 equipmcñt necessary for Plaintiff'sparticular surgery; in failingto select the proper medicaticñs, creams, ointments, and/or mesthetics necessary for Plaintiff s particular surgery; in failing to treatthe condi4ns manifested by Plaintiff;in failing to take note of or adequately respond to Plaintiff's manifested signs, syñiptoms and esyEñts; in failing to timely take medical measures to alleviateand/or cure Plaintiff s medical ccñditiess; in failing to implemcat proper and adequate practices; in failingto perform proper and secessary diagnostic tests;in failing to provide adequate wound care;in deviating and departing from good and accepted principals and standards of medical care and practice. 25. On or about August 22, 2016 and thereafter, Deibndant BESC, through its pliysiciaña, employees, and permvmal3 were acgligcñ‡, careless and/or -wned in that they failed and neglected to exercise thatdegree of care, caution, pmdouue, skill,ability, professional najning and kñcwicdge generally possessed by physicians, hospitals and other healthcare j providers, in the localityor similar leedities; in failingto adcqüatcly hire,credentisi and provide properly Mained, expcricñced, cempetcñt medical personnel to diagnose and treat Plaintiffs eOñÛZilûñ3; in failingto properly supervise medical treatment rcñdered to elaintiff;in failing and neglecting to design, proiñü1gâ‡e and/or enforce rules, regulaticñs, policies, standards and guidelines necessary to provide adeqüste and proper medical tecatmcat; ; in ñogligently clinical ~±=ª==ª== of in carelessly, and performing Plaintiff; improperly, negligently, careicssly performing surgery and operation on Plaintiff,in páiticülâr excising a conjunctival cyst on Plaintiff's left eye; in failing to adeqüâtely inform Plaintiff of the conscqücnces of treatmeñt undertake; in failingto inadeqüétely inform Plaintiffofthe consequences of surgery; in failingto properly medie tê Plaintiff; in failing to select the proper instruments, tools, and/or equipmeñt necessary for Plaintiff s particularsurgery; in failingto selectthe proper medications, 8 of 17 FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019 creams, ointments, and/or anesthetics ñccessary for Plaintiff's particular surgery; in failing to treat the condi+iens manifested by Plaintiff;in failing to take note of or sdêquatcly respond to Plaintiff's manifested signs, symptains and complahts; in failing to timely take medical measures to alicviateand/or cure Plaintiff's medical conditions; in failing to implemet proper and adequatc practices; in failingto perform proper and necessary diagnostic tests;in failing to provide adequate wound care; in deviating and departing from good and accepted principals and standards of medical care and practice. 26, On or about August 22, 2016 and thereafter, Def=ndant RABINOVICH, was ñcgligcat, careless and/or unskilled in thathe failed and neglected to exercise that degree of care, caution, prüdcace, skill, ability,professional training, and laicwledge generally possessed by physicians and other healthcare providers, in the locality or similar localities;in negligently performing clinical examksties of Plaintiff; in 'improperly, carelesdy, acgligcñtly, and carelessly performing surgery and epcraticñ on Plaintiff, in particular excising a cenjüü©tival cyst on Plaintiff's left eye; in failing to adeqüãtely inform Plaintiff of the conseqü ñces of treatnent üüdcitake; in failing to iñadcÿüately infonn Plaintiff of the conseqücaces of surgery; in failing to properly reedicate Plaintiff;in failing to select the proper instruments, tools, and/or eqüipscñ‡ necessary for Plaintiff'sparticular surgery; in failingto select the proper medications, creams, ointments, and/or anestlictics necessary for Plaintiff's particular surgery; in failing to treatthe conditions isanifested by Plaintiff;in failing to take note of or adequatcly respond to Plaintiff's manifested signs, symptoms and ccñplaints; in failing to timely take medical measures to alleviate and/or cure Plaintiff's medical con iona; in failing to implemcat proper and adequate p1wness; in failing to perform proper and necessary diagñ0stic tests;in failing to 9 of 17 FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019 provide adequatc wound care; in deviating and dcpaniñg from good and accepted priñcipals and standards of medical care and practice. 27. That as a direct and proximate result of the breach of the acceptable stâñdard of acdical care within the medical ccrdy by Defendant L&M, itsdoctors, agents, servants, and/or employees, Defendâñt BESC, its doctors, agents, servants, and/or employees, and Defeñdañt RABINOVICH, which woulted in severe injuries and damages during the Saigory and the subsequent failure of Defcadañt L&M, itsdoctors, agents, scivants, and/or cmployees, Dcfcñdañt BESC, itsdoctors, agents, servants, and/or employees, and Dcfmdant RABINOVICH to diagnose the injuries and damages that resulted from the Surgery, Plaintiff suffered from numerous complications, including but not limited to pain, buming, inhfinn, tcmporary loss of vision, decrcased visual acuity and maccus discharge, requiring Plaintiff to undergo additieñsl treatment and procedures. 28. Plaintiff will continue to suffer great embarr::==+ and pain, discomf~t, anguish, both physical and mental, and will suffer such pain, discomfort, embarressraent and Defcñdants' aguish into the future as a result of negligcnoc, and has incurred great expense for medical treatment, and was deprived of the quality of life Plaintiff would have otherwise enjoyed. 29. That all of the injuries and damages sustained by Plaintiff were the direct and prcximate resultof the negligent actions of the Defendane, and thrcügh no faultof her own. I 30. As a resultof the afarcmcñticñcd, Plaintiff suffered damages, both compeatory I I and in an amount to be determined at trial but which exceeds the jar!=ª £=al limits exemplary, of alllower courts which would atherwise have jurisdictica and which warrants the jurisdicticn of thisCourt. 10 of 17 FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019 AS AND FOR A SECOND CAUSE OF ACTION (For Negligence against L&M and BESC) 31. Plaintiffrepeats and realleges each and every allegation contained in paragraphs 1 through 30 as though set forthfully and at length herein. 32. Defendent L&M was negligent in hiring and supervising medical personnel who were careless,unskillful, acgligcat, and who did not possess the requisiteknowledge and skillof medical professionals in the community, 33. Defendant BESC was acgligêñt in hiring and supervising medical percomel who j were careless, unskillful, negligent, and who did not possess the requisiteknowledge and skill of medical professionals in the community. 34. By reason of the above, Plaintiffhas sustaiñcd great pain, agony, injury,suffering, disability,and licspit4lizativas,as well as mental âñguish and emotional disticss. 35. As a result of the aforcmcationed, Plaintiff suffered damages, both corapêñsatory and exemplary, in an amont to be determined at but trial which exceeds the jurisdictional limits of alllower courts which would otherwise have jurisdicticñ and which warrants the jurisection of this Coat AS AND FOR A THIRD CAUSE OF ACTION (For Informed Consent against allDefendâñts) 36. Plaintiffrepeats and realleges each and every allegation contained in paragraphs 1 through 35 as though set forthfully and atlength herein. 37. Defendants csducted themselves in an unskillful, incompetent, üñprafessiõñâl, careless, and negligent manner and/or with reckless disregard for Plaintiffs safety in that Def6ñdâñts failed to obtain the informed ceasent of Plaintiff,and a re=:ësbly prudent person in Plaintiff's circumstances, had she been so infarmed of possible adicise scqualâ and 1' 11 of FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019 ramifications of the tmatment and pr6cedures to be performed, would not have agreed to the treatment as performed, 38. The lack of informed consent alleged herein is a proximate cause of the injuries, conditions and disabilities for which recovery issought. 39. As a resultof the aforementioned negligence of Defendants, Plaintiff has suffered and will continue to suffer great pain, discõmfort, embarrassent and ;ñgnish, both physical and i mental, and will suffer such embarrie-9 and angüish into the future as a pain, discomfort, Defbñd-ints' result of negligence, and has incurred great expense for scdical ticatreet, and was deprived of the quality of lifePlaintiffwould have otherwise êñjoyed. 40. The aforementioned pain, discomfort, cmbarressmat anguish and/or numbñcss, expcase and dimiñütion of quality of life suffered by Plaintiff were caused solely by the carelessacsa and ñêgligeñcc of Defendants and no negligence on the part of Plaintiffcontributed thereto. 41. As a msult of the aforementioned, Plaintiffsuffered damages, both compesetery and exemplary, in an amount to be dctcrmiñcd at trialbut which exceeds the jurisdicticñal limits of alllower courts which would otherwisc have jurisdicti0ñ and which warrants the juri:M= of thisCourt. AS AND FOR A FOURTH CAUSE OF ACTION (For Failure to Provide Records against L&M) 42. Plaintiff repeats and realleges each and allegation cmidm! in paragraphs 1 every through 41 as though set forth fullyand at length herein. 43. At alltimes herein mentioned, Defendant L&M mainteined the medical records | which recorded the entire medical history of Plaintiff in association with her tmatment at the Defendant's medical facility. 12 of 17 FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019 44. At alltimes herein mantianad, Defcadâüt L&M had a duty to keep and the medical records which recorded the entire iüédied history of Plaintiffis association with her treetscñt atthe Defendant's medical facility. 45. Upon information and belief,at thetime when the coricspsadcace with regard to this litigation co-scñccd, Defendant L&M was in pessessión of the medical records in association with the imatment of Plaintiffat theDefendant's medical facility. 46. Upon infonnation and belief, Defendant L&M was aware of the potential litigationpcñding comtnencement. 47. Plaintiffrequested said medical records through a duly executed âütherization form sent to Defendant L&M on or about Septembct 14, 2016. 48. Plaintifficpeated her request for said racdical records thraügh a duly executed authorization fonn sent to Dafandan+L&M on or about October 19, 2016. 49. To date Defbñdañt L&M failed and/or neglected to previde the recdical records to Plaintiff,and as such has impaired and will impair Plaintiff's abilityto prove her causes of action for medical rueprsetice; the widdielding of such medical records makes itextremely difficultfor Plaintiff to estêblish what actually occurred and provides Dcfcñdants the abilityto testify to a contrived version of the events without being ecñtradicted by the medical records. 50. By and through the foregoing, the withholding of the aforesaid medical records has caused Plaintiffsignificant prejudice in the presecutica of her action. AS AND FOR A FIFTH CAUSE OF ACTION (For Vicarious Liability/Respc-ñëêat Superior/Agency against L&M) 51. Plaintiffrepeats and realleges each and every allegation cêñtaiñêd in paragraphs 1 through 50 as though set forthfully and atlength herein. 13 of 17 FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019 52. During all material times alleged herein, while Plaintiff was receiving mcdical | care and treatment from Dafandant this Defendant was employed Defendant RABINOVICH, by L&M and was acting in the scope of thatempicyment 53. Defendant L&M is respenoible for Dcâñdant RABINOVICH's breach of applicable medical care under the doctrine of Respendcat Superior since Defendañt RABINOVICH was performing duties as an employee and/or agent of D-&ndant L&M while providing medice care and treatmcat to which Plaintiff, resulted in a physical injury to Plaintiff, Dcendents' the subject injures and damages were proxiüiately caused by actions and were incidental to the respc-ñsibilitiesDefcñdõnt RABINOVICH was hired to perform by Dcfcadañt L&M. 54. Defendant L&M isvicariously liablefor Plaintiff'sinjuries. WHEREFORE, Plaintiff dcma-ds judgment against the Defeüdants. a. On the First Cause of Action, in a sum of money having a present value which exceeds the jurisdictional limits of alllower courts which would otherwise have jurisdictióñ of thismatter; b. On the Second Cause of Action, in a sum of money having a present value which exceeds the jurisdicticnal limitsof all lower courts which would otherwise have jurisdiction of thismatter; c. On the Third Cause of Action, in a sum of money having a present value which execcds the jurisdicticñsl limits of all lower courts which would otherwise have jurisdictica of ! thismatter; 14 of 17 FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019 d. On the Fourth Cause of Action, in a sum of money having a present value which exceeds the jurisdicticñãl limits of alllower courts which would otherwise have jurisdiction of thismatter; e. On the Fifth Cause of Action, in a sum of money having a present value which exceeds the jüiisdictionallimits of alllower courts which would otherwise have jurisdicuon of thismatter; f. Together with costs and disbürsement of thisaction; and g. Such other and furtherrelief as the Court may deem just and proper. Dated: November 29, 2016 Brooklyn, New York Karasik Law Group, P.C. By: Al er Karasik, Esq. Attor eys for Plaintif Kl ra Khutoryanskaya 1810 Voorhies Avenue, Suite 9 Brooklyn, New York 11235 Tel.: (718) 502-9112 TO: LASER & MICROSURGERY, P.C. d/b/a NY LAS1K LASER & MICROSURGERY INSTITUTE 1985 Cedar Swamp Road Brookville, New York 11545 BROOKLYN EYE SURGERY CENTER L.L.C d/b/a BROOKLYN EYE SURGERY CENTER 1301 Avenue J Brooklyn, New York 11230 ALEXANDER RABINOVICH, M.D. 587 Kings Highway Brooklyn, New York 11223 15 of 17 FILED: KINGS COUNTY CLERK 02/26/2019 05:35 PM INDEX NO. 521431/2016 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 02/26/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ._.__..----..----..____._..__...........________.... ___..-X KLARA KHUTORVANSKAYA, Index No: Plaintiff, -against- LASER & MICROSURGERY, P.C. d/b/a NY LASIK LASER & VERIFICATION MICROSURGERY TNSTITUTE, BROOKLYN EYE SURGERY CENTER L.L.C. d/b/a BROOKLYN EVE 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 for