Preview
FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021
EXHIBIT A
FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU s"
- &_O cl
---------------------- L/ /
--------------------x Index No.
3'3'
THERESA ACOSTA RAIA, Individually, and as Date purchased:
Administrator of the Estate of JOHN RAIA, Deceased, Plaintiff designates
Plaintiff, NASSAU COUNTY
as the place of trial.
-against-
The basis of the venue is
MOUNT SINAI SOUTH NASSAU, Defendant's place of
Business
Defendant.
SUMMONS
----- ------------------------------------------------------x
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Compkint in this action and to serve
a copy of your Answer on the Plaintiffs Attorney within 20 days after the service of this
Sunnnons, exclusive of the day of service (or within 30 days after service is complete if this
Summons is not personally delivered to you within the State of New York); and in case of your
failure to appear or answer, judgment will be taken against you by default for the relief demanded
in the Complaint.
Dated: February 26, 2021 LEVINE & GROSSMAN
By:
WILLIAM T. BURDO
Of Counsel
Attorneys for Plaintiff(s)
114 Old Country Road
Mineola, New York 11501
(516) 248-7575
Defendant's address:
One Healthy Way
Oceanside, NY 11572
FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021
SUPREME COURT STATE OF NEW YORK
COUNTY OF NASSAU
__.-___________-_---_-_ ______-...------------------ X
THERESA ACOSTA RAIA, Individually, and as Administrator
of the Estate of JOHN RAIA, Deceased, VERIFIED
COMPLAINT
Plaintiff,
-against-
MOUNT SINAI SOUTH NASSAU,
Defendant.
----·-----------------------------------------------------------------------------X
Plaintiff THERESA ACOSTA RAIA, Individually, and as Administrator of the Estate of
JOHN RAIA, Deceased, complaining of the defendant, by her attorneys, LEVINE &
GROSSMAN, respectfully alleges and sets forth as follows:
AS AND FOR A FIRST CAUSE OF ACTION
8th
1. That on the day of February, 2021, plaintiff THERESA ACOSTA RAIA was
appointed Administrator of the Estate of JOHN RAIA, deceased, by the Surrogate of Nassau
County, and Letters of Administration were duly issued to her and she duly qualified thereunder
and entered upon her duties and now acts as Administrator. (A copy of the Letters of
Administration is annexed hereto and made a part hereof).
2. At all times herein mentioned, defendant MOUNT SINAI SOUTH NASSAU
was a domestic corporation, duly organized and existing under and by virtue of the laws of the
State of New York.
3. At all times herein mentioned, defendant MOUNT SINAI SOUTH NASSAU
was the owner of a hospital known as MOUNT SINAI SOUTH NASSAU located at One Healthy
Way, Oceanside, New York.
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4. At all times herein mentioned, defendant MOUNT SINAI SOUTH NASSAU
operated, managed and controlled the aforesaid hospital.
5. At all times herein mentioned, plaintiff's decedent JOHN RAIA was a patient of
defendant MOUNT SINAI SOUTH NASSAU.
6. Beginning on or about November 18, 2019, and continuing during a continuous
course of treatment through on or about November 20, 2019, plaintiff's decedent JOHN RAIA
was a patient under the medical diagnosis, care and treatment of the aforesaid defendant, its
agents, servants and/or employees and as a result of the failure to properly and carefully
diagnose, care for and treat plaintiff's decedent including, but not limited to: the failure to timely
and properly examine the patient; the failure to timely and properly diagnose and treat congestive
heart failure; the failure to timely and properly administer appropriate medications; the failure to
timely and properly recognize the significance of, determine the etiology of and act upon the
patient's signs, symptoms and complaints; the failure to timely and properly order and/or perform
appropriate diagnostic or laboratory tests and studies; the failure to timely and properly interpret
the diagnostic tests and studies which were performed; and, the failure to timely and properly
refer plaintiff's decedent to appropriate specialists, plaintiff's decedent sustained severe injuries
and complications, and eventually death.
7. Said occurrence was due to the carelessness and negligence of the defendant, its
agents, servants and employees in failing to treat plaintiff's decedent in the accepted and proper
medical manner, all without any fault or lack of care on the part of plaintiff's decedent herein.
8. That as a result of the aforementioned carelessness and negligence of the
defendant herein, plaintiff's decedent suffered and sustained severe injuries and was caused to
suffer and sustain great physical and mental pain and severe nervous shock, which conditions
were all of a permanent and lasting nature.
FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021
9. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
10. This action falls within one or more of the exceptions to Article 16 of the New
York Civil Practice Laws and Rules.
AS AND FOR A SECOND CAUSE OF
ACTION FOR WRONGFUL DEATH
11. Plaintiff repeats, reiterates and re-alleges each and every allegation contained in
"1." "10."
those paragraphs of the complaint marked and designated through inclusive, with the
same force and effect as if hereinafter set forth at length.
12. By reason of the foregoing carelessness and negligence of the defendant, its
agents, and/or servants, and/or employees, defendant caused, precipitated, and/or hastened the
death of plaintiff's decedent on November 20,.2019.
13. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
14. This action falls within one or more of the exceptions to Article 16 of the New
York Civil Practice Laws and Rules.
AS AND FOR A THIRD CAUSE OF ACTION
15. Plaintiffrepeats, reiterates and re-alleges each and every allegation contained in those
"1." "14."
paragraphs ofthe complaint marked and designated through inclusive, with the same force
and effect as if hereinafter set forth at length.
16. Defendant MOUNT SINAI SOUTH NASSAU, prior to the granting or renewing of
privileges or employment to the defendants, residents, nurse practitioners, nurses and others involved
in plaintiff's decedent's care failed to investigate the qualifications, competence, capacity, abilities
FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021
and capabilities of said defendants, residents, nurse practitioners, nurses and other employees,
including, but not limited to, obtaining the following information: patient grievances; negative health
careoutcomes; incidents injurious to patients; medical malpractice actions commenced against said
persons, including the outcome thereof; any history of association, privilege and/or practice at other
institutions; current and complete licensure history and status; any discontinuation of said
association, employment privilege and/or practice at other institutions; any pendiñg professional
misconduct proceeding in this State or another State and the substance of the allegations in such
proceedings; any additional information concerning such proceedings; and, the hospitâl failed to
make sufficient inquiry of those who should and did have information relevant to the capacity,
capability, ability and competence of said persons rendering treatment.
17. Had the defendant MOUNT SINAI SOUTHNASSAU made the above stated inquiry
or, in the alternative, had defendant hospital reviewed and analyzed the information obtained in a
proper manner, privileges and/or employment would not have been granted and/or reñewed.
18. By reason of this defendant's failure to meet the aforementioned obligation, decedeñt
was treated by physicians, nurse practitioners, nurses and/or other employees who were lacking the
requisite skills, abilities, competence and capacity, as a result of which decedent sustained severe
injuries and complications.
19. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
20. This action falls within one or more of the exceptions to Article 16 of the New York
Civil Practice Laws and Rules.
FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021
AS AND FOR A FOURTH CAUSE OF ACTION FOR LOSS
OF SERVICES ON BEHALF OF THERESA ACOSTA RAIA
21. Plaintiff repeats, reiterates and re-alleges each and every allegation contained in
"1." "20."
those paragraphs of the complaint marked and designated through inclusive with the
same force and effect as if hereinafter set forth at length.
22. By reason of the foregoing occurrence and resultant injuries, plaintiff THERESA
ACOSTA RAIA was deprived of the services and companionship of her husband, JOHN RAIA,
and was caused to become obliged to expend sums of money for medical and hospital care on his
behalf.
23. The amount of damages sought exceeds the jurisdiction of all lower courts which
would otherwise have jurisdiction.
24. , This action falls within one or more of the exceptions to Article 16 of the New
York Civil Practice Laws and Rules.
WHEREFORE, plaintiff demands judgment against defendant on the First through
Fourth Causes of Action in such sum as a jury would deem fair, adequate and just.
Yours, etc.,
LEVINE & GROSSMAN
Attorneys for Plaintiff
BY:
WILLIAM T. BURDO -
Of Counsel
114 Old Country Road
Mineola, New York 11501
516-248-7575
FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021
Surrogate's Court of the County of Nassau
On the Date Written Below LIMITED LETTERS OF ADMINISTRATION were granted by the Surrogate's Cou
of Nassau County, New York as follows:
File #: 2020-4030
Name of Decedent: John Raia Date of Death: 11-20-2019
Domicile: Nassau County
Type of Letters Issued: LIMITED LETTERS OF ADMINISTRATION
Fiduciary Appointed: Theresa Acosta Raia
411 East Beech Street
Long Beach NY 11561
Limitations: You are hereby empowered to prosecute and defend any cause of action given you by special
provision of law, but are restrained from collecting or disposing of any assets of said estate as Administrator
except personal property not to exceed $10,000.00 without first applying to this Court for fixation of adequate
bond.
THESE LETTERS, granted pursuant to a decree entered by the court, authorize and empewer the
above-ñarñéd fiduciary or fiduciaries to perform all acts requisite to the proper administration and disposition
of the estate/trust of the Decedent in accordance with the decree and the laws of New York State, subject to
the limitations and restrictions, if any, as set forth above.
Dated: February 2, 2021 IN TESTIMONY WHEREOF, the seal of the Nassau County
Surrogate's Court has,been affixed.
WITNESS, Hon Margaret C. Reilly, Judge of the Nassau
County Surrogate's Court
Debra Keller Leimbach, Chief Clerk
These Letters are Not Valid Without the Raised Seal of the Nassau County Surrogate's Cout
NOTICE: Attention is called to the provision of Sec. 11-1.6 of Estates, Powers and Trusts law and Sec. 719 of the Surrogate's Court Procedure Act, which makes it a
misdemeanor and a cause for removal for a fiduciary to deposit or invest estate funds in his :ud;.:Jue: account or name. All funds must be deposited in the name 0.
fiduciary and to the credit of the estate. Sec 708 and Sec 711 of the Surrogate's Court Pracedurc Act provide that if the address of the fiduciary changes they shal
promptly notify the court of the new address and that failure to do so within thirty (30) days after such such change may result in the suspension or revecetion o
letters.
FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021
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STATE OF NEW YORK )
)ss.:
COUNTY OF NASSAU )
THERESA ACOSTA RAIA, being duly sworn deposes and says: I am a plaintiff
in the within action; I have read the annexed COMPLAINT and know the contents
thereof, and the same is true to my knowledge, except those matters therein which are
stated to be alleged on information and belief, and as to those matters, I believe them to
be true.
dHÉRESA ACOSfA RAIA
Sworn to before me this
3
N day of /h 4 A6 , 2021
tary Public
JANE M. HOLLAND
Notary Public, State of New York
No. 01HO5073844
Qualified in Nassau
Commission County
Expires March 3,
FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021
SUPREME COURT STATE OF NEW YORK
COUNTY OF NASSAU
____________ ________ -----------------------------X
THERESA ACOSTA RAIA, Individually, and as Administrator
of the Estate of JOHN RAIA, Deceased, CERTIFICATE
OF MERIT
Plaintiff
-against-
MOUNT SINAI SOUTH NASSAU,
Defendant.
-------------------------------------------------------------------X
WILLIAM T. BURDO, an attorney duly admitted to practice law in the State of
New York, hereby affirms the following under the penalties of perjury:
That I have reviewed the facts of this case and have consulted with at least one
physician who is duly licensed to practice medicine and who I reasonably believe is
knowledgeable with regard to the relevant issues involved herein and I have concluded on
the basis of such review and consultation that there is a reasonable basis for the
commencement of this action.
LLIAM T. BURDO
..
26h
Duly affirmed this
day of February, 2021
FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021
FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
Theresa Acosta and As Administrator of the Estate of AUORNEY: LEVINE & GROSSMAN
Raia, individually
John Raia, Deceased
Plaintiff(s), INDEX NUMBER: 602541/2021
vs. DATE OF FILING: 03/03/2021
Mount Sinai South Nassau
Defendant(s).
AFFIDAVIT OF SERVICE
STATE OF New York: COUNTY OF Nassau ss:
I, John Savage, being duly sworn deposes and says deponent is not a party to this action and is over the age of eighteen years and
resides in the state of New York.
That on 03/18/2021 at 4:07 PM at One Healthy Way, Oceanside, NY 11572,
Depcñsñt served the Summcñs, Verified Complaint, and Certificate of Merit bearing Index Nürñber and Date of Filirig, Notice of
Electronic Filing upon Mount Sinai South Nassau, defendant/respondent/recipient herein.
Said service was effected in the following manner;
By delivering to and leaving a true copy to Ed Attiro personally, a person who stated to be an authorized agent to receive process
service for Mount Sinai South Nassau. Depcñêñt knew said business so served to be the business described in said SL..a-. a ,
Verified Complaint, and Certificate of Merit bearing Index Number and Date of Filing, Notice of Electronic Filing as said
defendant/respandêñt/rscipient. Depsñêñt knew the individue! accepting service to be an/the Risk Management thereof.
Deponent describes the individual served to the best of depcñêñt's ability at the time and circumstances of service as follows: Sex:
5'9"
Male Skin: Light Brown Hair: Black Age (Approx): 33 Height(Approx): Weight(Approx): 180-190 lbs Glasses: No Other:
I certify that the foregoing statements made by me are true, correct and my free act and deed. I am aware that if any of the fGregü|ñg
statements made by me are willfully false, I am subject to punishment.
. John Savage
Sworn to bef re me this
March 2021
_________ ..................................
ALEXANDER JAMES
NOTARY PUBUC, STATE OF NEW YORK
REGISTRATION No. 01JA6029931
QUALIFIED IN NASSAU COUNTY
COMMISSION EXPlRES AUGUST 30, 2021
Ultimate Process Service, Inc. 585 Stewart Ave, Ste LL16, Garden City, NY 11530 516-333-3447 Lic#1376042
FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021
INDEX NO. 602541/2023
FILED: NASSAU COUNTY CLERK 05/06/2021 11:37 AM|
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/06/202]
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-------------------------------------------x
THERESA ACOSTA RAIA, Individually, and as Index No: 602541/2021
Administrator of the Estate of JOHN RAIA,
Deceased,
Plaintiff, VERIFIED ANSWER
- against -
MOUNT SINAI SOUTH NASSAU,
Defendant.
------ -------------------------------------x
Defendant MOUNT SINAI SOUTH NASSAU, by its attorneys, DOPF,
P.C., answers the plaintiff's Complaint as follows, upon information and
belief:
AS AND FOR A FIRST CAUSE OF ACTION
1. Denies knowledge or information sufficient to form a
belief as to each and every allegation contained in the paragraph of the
Complaint designated "1".
2. Denies knowledge or information sufficient to form a
belief as to each and every allegation contained in the paragraphs of
"2"
the Complaint designated and "3", except admits that Mount Sinai
South Nassau was a domestic corporation duly organized and existing
pursuant to the laws of the State of New York and operating as a
hospital at One Health Way, Oceanside, New York, and begs leave to
refer all questions of law to the Court and all questions of fact to
the trier of fact.
3. Denies knowledge or information sufficient
Preview
FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021 EXHIBIT A FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU s" - &_O cl ---------------------- L/ / --------------------x Index No. 3'3' THERESA ACOSTA RAIA, Individually, and as Date purchased: Administrator of the Estate of JOHN RAIA, Deceased, Plaintiff designates Plaintiff, NASSAU COUNTY as the place of trial. -against- The basis of the venue is MOUNT SINAI SOUTH NASSAU, Defendant's place of Business Defendant. SUMMONS ----- ------------------------------------------------------x TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Compkint in this action and to serve a copy of your Answer on the Plaintiffs Attorney within 20 days after the service of this Sunnnons, exclusive of the day of service (or within 30 days after service is complete if this Summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: February 26, 2021 LEVINE & GROSSMAN By: WILLIAM T. BURDO Of Counsel Attorneys for Plaintiff(s) 114 Old Country Road Mineola, New York 11501 (516) 248-7575 Defendant's address: One Healthy Way Oceanside, NY 11572 FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021 SUPREME COURT STATE OF NEW YORK COUNTY OF NASSAU __.-___________-_---_-_ ______-...------------------ X THERESA ACOSTA RAIA, Individually, and as Administrator of the Estate of JOHN RAIA, Deceased, VERIFIED COMPLAINT Plaintiff, -against- MOUNT SINAI SOUTH NASSAU, Defendant. ----·-----------------------------------------------------------------------------X Plaintiff THERESA ACOSTA RAIA, Individually, and as Administrator of the Estate of JOHN RAIA, Deceased, complaining of the defendant, by her attorneys, LEVINE & GROSSMAN, respectfully alleges and sets forth as follows: AS AND FOR A FIRST CAUSE OF ACTION 8th 1. That on the day of February, 2021, plaintiff THERESA ACOSTA RAIA was appointed Administrator of the Estate of JOHN RAIA, deceased, by the Surrogate of Nassau County, and Letters of Administration were duly issued to her and she duly qualified thereunder and entered upon her duties and now acts as Administrator. (A copy of the Letters of Administration is annexed hereto and made a part hereof). 2. At all times herein mentioned, defendant MOUNT SINAI SOUTH NASSAU was a domestic corporation, duly organized and existing under and by virtue of the laws of the State of New York. 3. At all times herein mentioned, defendant MOUNT SINAI SOUTH NASSAU was the owner of a hospital known as MOUNT SINAI SOUTH NASSAU located at One Healthy Way, Oceanside, New York. FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021 4. At all times herein mentioned, defendant MOUNT SINAI SOUTH NASSAU operated, managed and controlled the aforesaid hospital. 5. At all times herein mentioned, plaintiff's decedent JOHN RAIA was a patient of defendant MOUNT SINAI SOUTH NASSAU. 6. Beginning on or about November 18, 2019, and continuing during a continuous course of treatment through on or about November 20, 2019, plaintiff's decedent JOHN RAIA was a patient under the medical diagnosis, care and treatment of the aforesaid defendant, its agents, servants and/or employees and as a result of the failure to properly and carefully diagnose, care for and treat plaintiff's decedent including, but not limited to: the failure to timely and properly examine the patient; the failure to timely and properly diagnose and treat congestive heart failure; the failure to timely and properly administer appropriate medications; the failure to timely and properly recognize the significance of, determine the etiology of and act upon the patient's signs, symptoms and complaints; the failure to timely and properly order and/or perform appropriate diagnostic or laboratory tests and studies; the failure to timely and properly interpret the diagnostic tests and studies which were performed; and, the failure to timely and properly refer plaintiff's decedent to appropriate specialists, plaintiff's decedent sustained severe injuries and complications, and eventually death. 7. Said occurrence was due to the carelessness and negligence of the defendant, its agents, servants and employees in failing to treat plaintiff's decedent in the accepted and proper medical manner, all without any fault or lack of care on the part of plaintiff's decedent herein. 8. That as a result of the aforementioned carelessness and negligence of the defendant herein, plaintiff's decedent suffered and sustained severe injuries and was caused to suffer and sustain great physical and mental pain and severe nervous shock, which conditions were all of a permanent and lasting nature. FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021 9. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. 10. This action falls within one or more of the exceptions to Article 16 of the New York Civil Practice Laws and Rules. AS AND FOR A SECOND CAUSE OF ACTION FOR WRONGFUL DEATH 11. Plaintiff repeats, reiterates and re-alleges each and every allegation contained in "1." "10." those paragraphs of the complaint marked and designated through inclusive, with the same force and effect as if hereinafter set forth at length. 12. By reason of the foregoing carelessness and negligence of the defendant, its agents, and/or servants, and/or employees, defendant caused, precipitated, and/or hastened the death of plaintiff's decedent on November 20,.2019. 13. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. 14. This action falls within one or more of the exceptions to Article 16 of the New York Civil Practice Laws and Rules. AS AND FOR A THIRD CAUSE OF ACTION 15. Plaintiffrepeats, reiterates and re-alleges each and every allegation contained in those "1." "14." paragraphs ofthe complaint marked and designated through inclusive, with the same force and effect as if hereinafter set forth at length. 16. Defendant MOUNT SINAI SOUTH NASSAU, prior to the granting or renewing of privileges or employment to the defendants, residents, nurse practitioners, nurses and others involved in plaintiff's decedent's care failed to investigate the qualifications, competence, capacity, abilities FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021 and capabilities of said defendants, residents, nurse practitioners, nurses and other employees, including, but not limited to, obtaining the following information: patient grievances; negative health careoutcomes; incidents injurious to patients; medical malpractice actions commenced against said persons, including the outcome thereof; any history of association, privilege and/or practice at other institutions; current and complete licensure history and status; any discontinuation of said association, employment privilege and/or practice at other institutions; any pendiñg professional misconduct proceeding in this State or another State and the substance of the allegations in such proceedings; any additional information concerning such proceedings; and, the hospitâl failed to make sufficient inquiry of those who should and did have information relevant to the capacity, capability, ability and competence of said persons rendering treatment. 17. Had the defendant MOUNT SINAI SOUTHNASSAU made the above stated inquiry or, in the alternative, had defendant hospital reviewed and analyzed the information obtained in a proper manner, privileges and/or employment would not have been granted and/or reñewed. 18. By reason of this defendant's failure to meet the aforementioned obligation, decedeñt was treated by physicians, nurse practitioners, nurses and/or other employees who were lacking the requisite skills, abilities, competence and capacity, as a result of which decedent sustained severe injuries and complications. 19. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. 20. This action falls within one or more of the exceptions to Article 16 of the New York Civil Practice Laws and Rules. FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021 AS AND FOR A FOURTH CAUSE OF ACTION FOR LOSS OF SERVICES ON BEHALF OF THERESA ACOSTA RAIA 21. Plaintiff repeats, reiterates and re-alleges each and every allegation contained in "1." "20." those paragraphs of the complaint marked and designated through inclusive with the same force and effect as if hereinafter set forth at length. 22. By reason of the foregoing occurrence and resultant injuries, plaintiff THERESA ACOSTA RAIA was deprived of the services and companionship of her husband, JOHN RAIA, and was caused to become obliged to expend sums of money for medical and hospital care on his behalf. 23. The amount of damages sought exceeds the jurisdiction of all lower courts which would otherwise have jurisdiction. 24. , This action falls within one or more of the exceptions to Article 16 of the New York Civil Practice Laws and Rules. WHEREFORE, plaintiff demands judgment against defendant on the First through Fourth Causes of Action in such sum as a jury would deem fair, adequate and just. Yours, etc., LEVINE & GROSSMAN Attorneys for Plaintiff BY: WILLIAM T. BURDO - Of Counsel 114 Old Country Road Mineola, New York 11501 516-248-7575 FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021 Surrogate's Court of the County of Nassau On the Date Written Below LIMITED LETTERS OF ADMINISTRATION were granted by the Surrogate's Cou of Nassau County, New York as follows: File #: 2020-4030 Name of Decedent: John Raia Date of Death: 11-20-2019 Domicile: Nassau County Type of Letters Issued: LIMITED LETTERS OF ADMINISTRATION Fiduciary Appointed: Theresa Acosta Raia 411 East Beech Street Long Beach NY 11561 Limitations: You are hereby empowered to prosecute and defend any cause of action given you by special provision of law, but are restrained from collecting or disposing of any assets of said estate as Administrator except personal property not to exceed $10,000.00 without first applying to this Court for fixation of adequate bond. THESE LETTERS, granted pursuant to a decree entered by the court, authorize and empewer the above-ñarñéd fiduciary or fiduciaries to perform all acts requisite to the proper administration and disposition of the estate/trust of the Decedent in accordance with the decree and the laws of New York State, subject to the limitations and restrictions, if any, as set forth above. Dated: February 2, 2021 IN TESTIMONY WHEREOF, the seal of the Nassau County Surrogate's Court has,been affixed. WITNESS, Hon Margaret C. Reilly, Judge of the Nassau County Surrogate's Court Debra Keller Leimbach, Chief Clerk These Letters are Not Valid Without the Raised Seal of the Nassau County Surrogate's Cout NOTICE: Attention is called to the provision of Sec. 11-1.6 of Estates, Powers and Trusts law and Sec. 719 of the Surrogate's Court Procedure Act, which makes it a misdemeanor and a cause for removal for a fiduciary to deposit or invest estate funds in his :ud;.:Jue: account or name. All funds must be deposited in the name 0. fiduciary and to the credit of the estate. Sec 708 and Sec 711 of the Surrogate's Court Pracedurc Act provide that if the address of the fiduciary changes they shal promptly notify the court of the new address and that failure to do so within thirty (30) days after such such change may result in the suspension or revecetion o letters. FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021 STATE OF NEW YORK ) )ss.: COUNTY OF NASSAU ) THERESA ACOSTA RAIA, being duly sworn deposes and says: I am a plaintiff in the within action; I have read the annexed COMPLAINT and know the contents thereof, and the same is true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters, I believe them to be true. dHÉRESA ACOSfA RAIA Sworn to before me this 3 N day of /h 4 A6 , 2021 tary Public JANE M. HOLLAND Notary Public, State of New York No. 01HO5073844 Qualified in Nassau Commission County Expires March 3, FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021 SUPREME COURT STATE OF NEW YORK COUNTY OF NASSAU ____________ ________ -----------------------------X THERESA ACOSTA RAIA, Individually, and as Administrator of the Estate of JOHN RAIA, Deceased, CERTIFICATE OF MERIT Plaintiff -against- MOUNT SINAI SOUTH NASSAU, Defendant. -------------------------------------------------------------------X WILLIAM T. BURDO, an attorney duly admitted to practice law in the State of New York, hereby affirms the following under the penalties of perjury: That I have reviewed the facts of this case and have consulted with at least one physician who is duly licensed to practice medicine and who I reasonably believe is knowledgeable with regard to the relevant issues involved herein and I have concluded on the basis of such review and consultation that there is a reasonable basis for the commencement of this action. LLIAM T. BURDO .. 26h Duly affirmed this day of February, 2021 FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021 FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Theresa Acosta and As Administrator of the Estate of AUORNEY: LEVINE & GROSSMAN Raia, individually John Raia, Deceased Plaintiff(s), INDEX NUMBER: 602541/2021 vs. DATE OF FILING: 03/03/2021 Mount Sinai South Nassau Defendant(s). AFFIDAVIT OF SERVICE STATE OF New York: COUNTY OF Nassau ss: I, John Savage, being duly sworn deposes and says deponent is not a party to this action and is over the age of eighteen years and resides in the state of New York. That on 03/18/2021 at 4:07 PM at One Healthy Way, Oceanside, NY 11572, Depcñsñt served the Summcñs, Verified Complaint, and Certificate of Merit bearing Index Nürñber and Date of Filirig, Notice of Electronic Filing upon Mount Sinai South Nassau, defendant/respondent/recipient herein. Said service was effected in the following manner; By delivering to and leaving a true copy to Ed Attiro personally, a person who stated to be an authorized agent to receive process service for Mount Sinai South Nassau. Depcñêñt knew said business so served to be the business described in said SL..a-. a , Verified Complaint, and Certificate of Merit bearing Index Number and Date of Filing, Notice of Electronic Filing as said defendant/respandêñt/rscipient. Depsñêñt knew the individue! accepting service to be an/the Risk Management thereof. Deponent describes the individual served to the best of depcñêñt's ability at the time and circumstances of service as follows: Sex: 5'9" Male Skin: Light Brown Hair: Black Age (Approx): 33 Height(Approx): Weight(Approx): 180-190 lbs Glasses: No Other: I certify that the foregoing statements made by me are true, correct and my free act and deed. I am aware that if any of the fGregü|ñg statements made by me are willfully false, I am subject to punishment. . John Savage Sworn to bef re me this March 2021 _________ .................................. ALEXANDER JAMES NOTARY PUBUC, STATE OF NEW YORK REGISTRATION No. 01JA6029931 QUALIFIED IN NASSAU COUNTY COMMISSION EXPlRES AUGUST 30, 2021 Ultimate Process Service, Inc. 585 Stewart Ave, Ste LL16, Garden City, NY 11530 516-333-3447 Lic#1376042 FILED: NASSAU COUNTY CLERK 07/06/2021 02:17 PM INDEX NO. 602541/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/06/2021 INDEX NO. 602541/2023 FILED: NASSAU COUNTY CLERK 05/06/2021 11:37 AM| NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/06/202] SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------x THERESA ACOSTA RAIA, Individually, and as Index No: 602541/2021 Administrator of the Estate of JOHN RAIA, Deceased, Plaintiff, VERIFIED ANSWER - against - MOUNT SINAI SOUTH NASSAU, Defendant. ------ -------------------------------------x Defendant MOUNT SINAI SOUTH NASSAU, by its attorneys, DOPF, P.C., answers the plaintiff's Complaint as follows, upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION 1. Denies knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraph of the Complaint designated "1". 2. Denies knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs of "2" the Complaint designated and "3", except admits that Mount Sinai South Nassau was a domestic corporation duly organized and existing pursuant to the laws of the State of New York and operating as a hospital at One Health Way, Oceanside, New York, and begs leave to refer all questions of law to the Court and all questions of fact to the trier of fact. 3. Denies knowledge or information sufficient