Preview
FILED: SCHENECTADY COUNTY CLERK 07/13/2021 10:50 AM INDEX NO. 2021-1129
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/13/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SCHENECTADY
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GEORGE SMITH, Index No.: 2021-1129
Plaintiff,
- against - DEMAND FOR A
VERIFIED BILL OF
NISKAYUNA OPERATING CO., LLC d/b/a PATHWAYS PARTICULARS
NURSING AND REHABILITATION CENTER, PATHWAYS
NURSING AND REHABILITATION CENTER, and “JOHN
and/or JANE DOE(S) and ABC COMPANIES 1-10” whose
names being unknown and fictitious,
Defendants.
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PLEASE TAKE NOTICE, that pursuant §3041, Rules 3042 and 3043 and §3044 of the
Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars upon
the undersigned within twenty (20) days after the receipt of this Demand as to the following items:
1. The date(s) and time(s) of day of the alleged negligent acts and/or omissions
which will be alleged and claimed against the answering defendant herein.
2. For each violation alleged under PHL §2801-d, state separately the number
of days that plaintiff will contend that such violation existed.
3. For each alleged statutory and/or contractual violation that the plaintiff
contends is actionable under PHL §2801-d separately state the steps that plaintiff contends the
defendant should or could have taken to avoid and/or minimize such violation.
4. The exact location of the alleged negligent acts, and/or omissions charged
against the answering defendant herein.
5. A statement of each and every act of negligence, commission, or omission
which you will claim as the basis of the alleged action against the answering defendant herein.
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6. If there are any claims of vicarious liability against the answering defendant
herein, state the names of each and every person who performed the acts or failed to act and if the
names are not known, describe them by physical appearance or occupation with sufficient clarity
to make ready identification.
7. A statement of the accepted medical practices, customs and medical
standards which it is claimed were violated and departed from by the answering defendant herein.
8. State the manner in which the answering defendant departed from each of
the above accepted medical practices, customs and standards.
9. State whether or not any claim is made as to improper or defective
equipment, and if so, identify the equipment and state defective conditions.
10. If plaintiff will claim that the answering defendant ignored complaints,
signs, symptoms; made an erroneous diagnosis; afforded improper treatment; administered
improper and/or contraindicated drugs; administered proper drugs in an incorrect dosage; failed to
take or administer tests, or improperly took and administered tests, state:
(a) The complaints, signs and symptoms that the answering defendant
ignored;
(b) In what respect the diagnosis was erroneous and incorrect; what the
claimed diagnosis is; the point in time that the plaintiff will claim defendant should have made the
correct diagnosis;
(c) The improper treatment that was afforded and in what manner the
said treatment was improperly performed;
(d) The name of each and every improper and/or contraindicated drug;
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(e) The name of each proper drug allegedly administered incorrectly or
in incorrect dosages;
(f) The name of each and every test defendant improperly took or
administered and the manner in which each such test was improperly taken or administered.
(g) State whether any indicated medication was not prescribed, not
prescribed timely, or not prescribed in appropriate doses. State the name of the medication and the
time at which it is alleged it should have been prescribed.
11. If plaintiff will claim that the answering defendant improperly performed a
surgical procedure or procedures; performed a surgical procedure that was contraindicated and/or
unnecessary, state:
(a) The name of the surgical procedure and the date that it was
performed;
(b) Set forth what surgical procedures were contraindicated and/or
unnecessary;
(c) In what manner the aforesaid surgical procedures were improperly
performed.
12. State:
(a) The injuries the plaintiff suffered as a result of the alleged
negligence and/or malpractice of the answering defendant;
(b) Set forth which injuries are claimed to be permanent and in what
respect they are claimed to be permanent.
13. State the length of time the plaintiff was confined to each of the following:
(a) Bed;
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(b) House;
(c)
Hospital.
14. State separately the total
damages for each of the following:
Physicians'
(a)
services
physicians;
Nurses'
(b)
services
(c)
Medical supplies;
(d)
Hospital expenses,
(e)
Loss of earnings;
other expenses.
(f) Any
15. State:
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19. Pursuant to Section 4545 of the Civil Practice Law and Rules, state whether
or not plaintiff has been reimbursed for claim of economic loss from any collateral source;
(a) If the answer to the foregoing is in the affirmative, state for which
of such claims plaintiff has been reimbursed, the amount of reimbursement received and the name
and address of the person, firm or organization form whom such reimbursement was received.
(b) If such reimbursement was made by an insurance company, state the
number of the policy under which paid.
(c) State whether or not plaintiff has made claim for reimbursement for
economic loss to any collateral source and which has not yet been paid.
(d) If the answer to the foregoing is in the affirmative, state the name
and address of the person, firm or organization to whom such claim was presented, the date of
presentation, and the amount claimed.
(e) If such claim was presented to an insurance company, state the
number of the policy under which same was made.
20. Set forth the County and State of birth of the plaintiff, together with the
plaintiff’s full name at the time of birth.
21. Set forth the social security number of the plaintiff.
Dated: White Plains, New York
July 12, 2021
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Yours, etc.
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
By: /s/ Lori Rosen Semlies
Lori Rosen Semlies, Esq.
Attorneys for Defendant,
NISKAYUNA OPERATING CO., LLC
d/b/a PATHWAYS NURSING AND
REHABILITATION CENTER, and
PATHWAYS NURSING AND
REHABILITATION CENTER
1133 Westchester Avenue
White Plains, New York 10604
(914) 323-7000
File No.: 19484.00135
TO: FINKELSTEIN & PARTNERS, LLP
Attorneys for Plaintiff
1279 Route 300
P.O. Box 1111
Newburgh, NY 12551
1(800) 634-1212
efile@lawampm.com
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Index No. 2021-1129 Lori Semlies
19484.00135
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SCHENECTADY
GEORGE SMITH,
Plaintiff,
- against -
NISKAYUNA OPERATING CO., LLC d/b/a PATHWAYS NURSING AND REHABILITATION
CENTER, PATHWAYS NURSING AND REHABILITATION CENTER, and “JOHN and/or JANE
DOE(S) and ABC COMPANIES 1-10” whose name being unknown and fictitious,
Defendants.
DEMAND FOR A VERIFIED BILL OF PARTICULARS
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
Attorneys For Defendant, Niskayuna Operating Co., LLC d/b/a Pathways Nursing and Rehabilitation
Center, and Pathways Nursing and Rehabilitation Center.
1133 Westchester Avenue
White Plains, New York 10604-3407
(914) 323-7000
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Preview
FILED: SCHENECTADY COUNTY CLERK 07/13/2021 10:50 AM INDEX NO. 2021-1129 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/13/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SCHENECTADY ------------------------------------------------------------------------------ X GEORGE SMITH, Index No.: 2021-1129 Plaintiff, - against - DEMAND FOR A VERIFIED BILL OF NISKAYUNA OPERATING CO., LLC d/b/a PATHWAYS PARTICULARS NURSING AND REHABILITATION CENTER, PATHWAYS NURSING AND REHABILITATION CENTER, and “JOHN and/or JANE DOE(S) and ABC COMPANIES 1-10” whose names being unknown and fictitious, Defendants. ------------------------------------------------------------------------------ X PLEASE TAKE NOTICE, that pursuant §3041, Rules 3042 and 3043 and §3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars upon the undersigned within twenty (20) days after the receipt of this Demand as to the following items: 1. The date(s) and time(s) of day of the alleged negligent acts and/or omissions which will be alleged and claimed against the answering defendant herein. 2. For each violation alleged under PHL §2801-d, state separately the number of days that plaintiff will contend that such violation existed. 3. For each alleged statutory and/or contractual violation that the plaintiff contends is actionable under PHL §2801-d separately state the steps that plaintiff contends the defendant should or could have taken to avoid and/or minimize such violation. 4. The exact location of the alleged negligent acts, and/or omissions charged against the answering defendant herein. 5. A statement of each and every act of negligence, commission, or omission which you will claim as the basis of the alleged action against the answering defendant herein. 1 256435430v.1 1 of 7 FILED: SCHENECTADY COUNTY CLERK 07/13/2021 10:50 AM INDEX NO. 2021-1129 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/13/2021 6. If there are any claims of vicarious liability against the answering defendant herein, state the names of each and every person who performed the acts or failed to act and if the names are not known, describe them by physical appearance or occupation with sufficient clarity to make ready identification. 7. A statement of the accepted medical practices, customs and medical standards which it is claimed were violated and departed from by the answering defendant herein. 8. State the manner in which the answering defendant departed from each of the above accepted medical practices, customs and standards. 9. State whether or not any claim is made as to improper or defective equipment, and if so, identify the equipment and state defective conditions. 10. If plaintiff will claim that the answering defendant ignored complaints, signs, symptoms; made an erroneous diagnosis; afforded improper treatment; administered improper and/or contraindicated drugs; administered proper drugs in an incorrect dosage; failed to take or administer tests, or improperly took and administered tests, state: (a) The complaints, signs and symptoms that the answering defendant ignored; (b) In what respect the diagnosis was erroneous and incorrect; what the claimed diagnosis is; the point in time that the plaintiff will claim defendant should have made the correct diagnosis; (c) The improper treatment that was afforded and in what manner the said treatment was improperly performed; (d) The name of each and every improper and/or contraindicated drug; 2 256435430v.1 2 of 7 FILED: SCHENECTADY COUNTY CLERK 07/13/2021 10:50 AM INDEX NO. 2021-1129 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/13/2021 (e) The name of each proper drug allegedly administered incorrectly or in incorrect dosages; (f) The name of each and every test defendant improperly took or administered and the manner in which each such test was improperly taken or administered. (g) State whether any indicated medication was not prescribed, not prescribed timely, or not prescribed in appropriate doses. State the name of the medication and the time at which it is alleged it should have been prescribed. 11. If plaintiff will claim that the answering defendant improperly performed a surgical procedure or procedures; performed a surgical procedure that was contraindicated and/or unnecessary, state: (a) The name of the surgical procedure and the date that it was performed; (b) Set forth what surgical procedures were contraindicated and/or unnecessary; (c) In what manner the aforesaid surgical procedures were improperly performed. 12. State: (a) The injuries the plaintiff suffered as a result of the alleged negligence and/or malpractice of the answering defendant; (b) Set forth which injuries are claimed to be permanent and in what respect they are claimed to be permanent. 13. State the length of time the plaintiff was confined to each of the following: (a) Bed; 3 256435430v.1 3 of 7 FILED: SCHENECTADY COUNTY CLERK 07/13/2021 10:50 AM INDEX NO. 2021-1129 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/13/2021 (b) House; (c) Hospital. 14. State separately the total damages for each of the following: Physicians' (a) services physicians; Nurses' (b) services (c) Medical supplies; (d) Hospital expenses, (e) Loss of earnings; other expenses. (f) Any 15. State: 4 of 7 FILED: SCHENECTADY COUNTY CLERK 07/13/2021 10:50 AM INDEX NO. 2021-1129 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/13/2021 19. Pursuant to Section 4545 of the Civil Practice Law and Rules, state whether or not plaintiff has been reimbursed for claim of economic loss from any collateral source; (a) If the answer to the foregoing is in the affirmative, state for which of such claims plaintiff has been reimbursed, the amount of reimbursement received and the name and address of the person, firm or organization form whom such reimbursement was received. (b) If such reimbursement was made by an insurance company, state the number of the policy under which paid. (c) State whether or not plaintiff has made claim for reimbursement for economic loss to any collateral source and which has not yet been paid. (d) If the answer to the foregoing is in the affirmative, state the name and address of the person, firm or organization to whom such claim was presented, the date of presentation, and the amount claimed. (e) If such claim was presented to an insurance company, state the number of the policy under which same was made. 20. Set forth the County and State of birth of the plaintiff, together with the plaintiff’s full name at the time of birth. 21. Set forth the social security number of the plaintiff. Dated: White Plains, New York July 12, 2021 5 256435430v.1 5 of 7 FILED: SCHENECTADY COUNTY CLERK 07/13/2021 10:50 AM INDEX NO. 2021-1129 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/13/2021 Yours, etc. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: /s/ Lori Rosen Semlies Lori Rosen Semlies, Esq. Attorneys for Defendant, NISKAYUNA OPERATING CO., LLC d/b/a PATHWAYS NURSING AND REHABILITATION CENTER, and PATHWAYS NURSING AND REHABILITATION CENTER 1133 Westchester Avenue White Plains, New York 10604 (914) 323-7000 File No.: 19484.00135 TO: FINKELSTEIN & PARTNERS, LLP Attorneys for Plaintiff 1279 Route 300 P.O. Box 1111 Newburgh, NY 12551 1(800) 634-1212 efile@lawampm.com 6 256435430v.1 6 of 7 FILED: SCHENECTADY COUNTY CLERK 07/13/2021 10:50 AM INDEX NO. 2021-1129 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/13/2021 Index No. 2021-1129 Lori Semlies 19484.00135 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SCHENECTADY GEORGE SMITH, Plaintiff, - against - NISKAYUNA OPERATING CO., LLC d/b/a PATHWAYS NURSING AND REHABILITATION CENTER, PATHWAYS NURSING AND REHABILITATION CENTER, and “JOHN and/or JANE DOE(S) and ABC COMPANIES 1-10” whose name being unknown and fictitious, Defendants. DEMAND FOR A VERIFIED BILL OF PARTICULARS WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Attorneys For Defendant, Niskayuna Operating Co., LLC d/b/a Pathways Nursing and Rehabilitation Center, and Pathways Nursing and Rehabilitation Center. 1133 Westchester Avenue White Plains, New York 10604-3407 (914) 323-7000 7 256435430v.1 7 of 7