Preview
FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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KELLY ENG, as the Administratrix of the Estate of
XIU FEN MEI, DECEASED, AND KELLY ENG, VERIFIED ANSWER
Individually,
Index No. 805374/2022
Plaintiffs,
- against -
NYU LANGONE MEDICAL CENTER,
NYU LANGONE HOSPITALS, and
NYU LANGONE HEALTH SYSTEM,
Defendants.
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Defendant, NYU LANGONE HEALTH SYSTEM, by its attorneys, AARONSON
RAPPAPORT FEINSTEIN & DEUTSCH, LLP, as and for its Answer to the Verified
Complaint, respectfully shows to this Court and alleges upon information and belief:
AS AND FOR THE FIRST CAUSE OF ACTION
1. Denies knowledge or information to form a belief as to the truth of the allegations contained
in paragraphs “1,” “2” “3,” “16,” “17,” “18,” “22,” “23,” “24,” “25,” “26,” “27,” “28,” “33,”
“34,” “35,” “36,” “37,” “38,” “39,” “40,” “41,” “42,” “43,” “44,” “45,” “46,” “47,” “48,” “49,”
and “50.”
2. Denies the allegations contained in paragraphs “4,” “5,” “6,” “11,” “12,” “13,” “14,” “15,”
“19,” “20,” “21,” “51,” “52,” “53,” “54,” “55,” “56,” “57,” “58,” “59,” “60,” “61,” “62,” “63,”
“64,” “65,” and “66.”
3. Denies the allegations contained in paragraphs “7,” “29,” “30,” “31,” and “32” in the form
alleged.
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4. Denies the allegations contained in paragraphs “8” and “9” except admits that NYU
LANGONE HOSPITALS operates a hospital with offices and facilities located at 550 First
Avenue, New York, New York 10016.
5. Denies the allegations contained in paragraph “10” in the form alleged except admits that NYU
LANGONE HEALTH SYSTEM, is a domestic not-for-profit corporation duly organized and
existing under the laws of the State of New York.
6. Denies the allegations contained in paragraph “67” and refers all questions of law to this
Honorable Court.
AS AND FOR THE SECOND CAUSE OF ACTION
7. In response to paragraph “68” repeats each admission or denial contained in paragraphs “1”
through “67” herein as though fully set forth hereat.
8. Denies knowledge or information to form a belief as to the truth of the allegations contained
in paragraph “69.”
9. Denies the allegations contained in paragraphs “70,” “71,” and “72.”
10. Denies the allegations contained in paragraphs “73” and refers all questions of law to this
Honorable Court.
AS AND FOR THE FIRST AFFIRMATIVE DEFENSE
11. The liability of the answering defendant(s), if any, is limited pursuant to CPLR Article 16.
AS AND FOR THE SECOND AFFIRMATIVE DEFENSE
12. Punitive damages are violative of the United States Constitution and the Constitution of the
State of New York.
WHEREFORE, defendant, NYU LANGONE HEALTH SYSTEM, demands judgment
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dismissing the Complaint, together with the costs and disbursements of the within action.
Dated: New York, New York
February 23, 2023
BY: Neil F. Brenes
Aaronson Rappaport Feinstein & Deutsch, LLP
Attorneys for Defendant
NYU LANGONE HEALTH SYSTEM
Office & P.O. Address
600 Third Avenue
New York, NY 10016
(212)593-6709
To: SIMONSON GOODMAN PLATZER, PC
Attorneys for Plaintiffs
111 John Street, Suite 1400
New York, NY 10038
(212) 233-5001
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
KELLY ENG, AS THE ADMINISTRATRIX OF
THE ESTATE OF XIU FEN MEI, DECEASED,
AND KELLY ENG, INDIVIDUALLY, NOTICE OF DEPOSITION
Plaintiffs, Index No. 805374/2022
- against -
NYU LANGONE MEDICAL CENTER,
NYU LANGONE HOSPITALS, AND
NYU LANGONE HEALTH SYSTEM,
Defendants.
PLEASE TAKE NOTICE, that we will take the deposition of the following parties or
persons, before a Notary Public not affiliated with any of the parties or their attorneys, on all
relevant and material issues, as authorized by Article 31 of the CPLR: ALL PARTIES
DATE: April 25, 2023
TIME: 10:00 A.M.
PLACE: AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP
600 Third Avenue, New York, New York 10016
PLEASE TAKE FURTHER NOTICE, that the persons to be examined are required to
produce all books, records and papers in their custody and possession that may be relevant to the
issues herein.
Dated: New York, New York
February 23, 2023
ours, etc
BY: Neil F. Brenes
Aaronson Rappaport Feinstein & Deutsch, LLP
Attorneys for Defendant
NYU LANGONE HEALTH SYSTEM
Office & P.O. Address
600 Third Avenue
New York, NY 10016
(212)593-6709
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To: SIMONSON GOODMAN PLATZER, PC
Attorneys for Plaintiffs
111 John Street, Suite 1400
New York, NY 10038
(212)233-5001
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
•x
KELLY ENG, as the Administratrix of the Estate of
XIU FEN MEI, Deceased, and KELLY ENG, DEMAND FOR A VERIFIED BILL
Individually, OF PARTICULARS
Plaintiffs, Index No. 805374/2022
- against -
NYU LANGONE MEDICAL CENTER,
NYU LANGONE HOSPITALS, and
NYU LANGONE HEALTH SYSTEM,
Defendants.
-------------------------------------------------------------------- x
PLEASE TAKE NOTICE, that defendant, NYU LANGONE HEALTH SYSTEM
hereby demands that plaintiff(s) serve on the undersigned within twenty (20) days from the date
of service hereof, a Verified Bill of Particulars with respect to the following matters concerning
the allegations in the complaint against the above named defendant:
1. State the (a) date and place of birth of plaintiff(s); (b) residence address of the
plaintiffs) at the time this action was commenced; (c) residence address of the plaintiff(s) at the
time of the alleged negligence; (d) date(s) and place(s) of plaintiffs) marriage(s); (e) full names
and dates of birth of all children born to plaintiffs); (f) social security number of plaintiffs); and
(g) Medicare Health Insurance Claim Number (HICN) of plaintiffs).
2. Set forth a general statement of the acts or omissions of this defendant that are claimed
to constitute a departure from good and accepted medical practice.
3. Set forth the date(s) of this defendant’s alleged negligence.
4. Set forth:
(a) The dates of first and last services rendered by each defendant;
(b) The place or places where the services were rendered by each defendant.
5. If plaintiffs) charges this defendant with a misdiagnosis, identify the alleged
misdiagnosis and set forth the diagnosis claimed to be the proper one.
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6. If plaintiff(s) charges this defendant with having failed to administer a diagnostic test
or procedure, state the test or diagnostic procedure claimed to have been required and when and
where each test or diagnostic procedure should have been performed.
7. If plaintiff(s) charges this defendant with having failed to administer a particular
course of therapy, state the medicines, treatments and surgical procedures claimed to have been
required and when and where each should have been administered or performed.
8. If plaintiff(s) charges this defendant with having administered contraindicated
medicines, treatments, tests and/or surgical procedures, identify each and the conditions existing
which, it is claimed, contraindicated the medicine, treatment, test and/or surgical procedure.
9. If plaintiff(s) charges this defendant with negligently having administered a medicine,
treatment, test or surgical procedure, identify each so claimed and set forth the manner in which
the technique employed by this defendant departed from such standards.
10. If any special damages are claimed as a result of the alleged negligence, set forth,
including but not limited to, the following:
(a) The charges for the any and all hospitalizations, separately listing each
hospital bill;
(b) Physicians' charges;
(c) Charges for medicines,itemizing the medicinescharged for;
(d) Nursing changes; and,
(e) Specify by category and amount any other special damages claimed.
11. Pursuant to CPLR 4545, identify the party who paid the damages claimed in
paragraph 10 above, including the relationship of the plaintiff(s) to that party. If the third party
payments were made as a result of reimbursements through an insurance company, set forth the
complete name and address of the company, the complete name of the person in whose name the
policy was issued, the state the policy was issued, the date of the policy’s inception, the name of
the plan and the policy number.
12. If plaintiff(s) claims that the injuries alleged herein were caused, in whole or in part,
by the use of a defective, inappropriate or insufficient piece of equipment or instrument, identify
each and every item so claimed and set forth those facts that support said allegations.
13. Set forth the full names and addresses of each and every person that plaintiff(s) will
claim, at the time of trial, observed this defendant acts of alleged malpractice.
14. Set forth the full name and addresses of each and every physician from whom the
plaintiff-patient has received medical treatment for any medical, surgical or related condition in
the fifteen (15) years prior to the alleged malpractice with dates of treatment.
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15. Set forth the full names and addresses of each and every hospital, institution, facility
or clinic in which the plaintiff-patient received treatment with respect to any medical, surgical or
related condition for the fifteen (15) years prior to the alleged malpractice with dates of
confinement or outpatient treatment.
16. Set forth the nature of the condition for which the plaintiff(s) sought and accepted the
medical treatment rendered by this defendant.
17. The nature, location, extent and duration of each injury which, it will be claimed, was
caused by the negligence of this defendant. If any injuries are claimed to be permanent, specify
each so claimed.
18. Set forth the full name and address of each and every subsequent treating physician
from whom medical treatment or consultation was sought by the plaintiffs) by reason of the
injuries allegedly sustained.
19. Set forth full name and address of each and every physician seen by plaintiffs) patient
for consultation, physical examination and or medical tests at the direction or referral of legal
counsel. Set forth dates of each such examination or treatment.
20. Set forth each and every condition which plaintiffs) claim this defendant
exacerbated.
21. If it will be claimed that the aforesaid injuries necessitated any hospitalizations of
plaintiffs), set forth the name and address of each hospital with dates of confinement or
outpatient treatment.
22. If it will be claimed that the aforesaid injuries necessitated treatment at any other
institutions, set forth the name and address of each institution with dates of confinement.
23. If it will be claimed that the aforesaid injuries necessitated confinement to bed or
home, set forth the following:
(a) The dates of confinement to home;
(b) The dates of confinement to bed.
24. If loss of earnings is claimed as a result of the alleged negligence, set forth the
following:
(a) The name and address of claimant's employer at the time of the alleged
negligence;
(b) The capacity in which claimant was employed;
(c) Claimant's earnings for the year prior to the alleged negligence;
(d) The last date claimant worked prior to the alleged negligence;
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(e) The name and address of claimant's present employer; and,
(f) Loss of earnings claimed.
25. If it will be claimed that the aforesaid injuries necessitated any special educational,
emotional, or vocational training or schooling, set forth the name and address of each
organization and the dates.
26. Set forth the full caption of each and every lawsuit brought on plaintiff(s) behalf to
recover damages for any connected or aggravated injuries allegedly caused and sustained by
reason of the acts of one or more preceding, joint, concurrent and/or succeeding tortfeasors,
including:
(a) Court;
(b) Index Number;
(c) Calendar Number;
(d) Names and addresses of all litigants;
(e) Names and addresses of all attorneys appearing for litigants;
(f) Status of lawsuit:
(i) if noticed for trial, specify the date;
(ii) if settled, annex a copy of each releaser delivered indicating the
amounts contributed by each defendant;
(iii) if discontinued without payment, annex a copy of each stipulation
so delivered to each defendant;
(iv) if tried, annex a copy of the judgment with notice of entry; and,
(v) if judgment was satisfied, set forth date and amount of payment
and annex a copy of satisfaction of judgment.
27. If it is claimed that this defendant violated or departed from the terms of any statutes,
laws or ordinances, set forth the specific statute, law or ordinance alleged to have been violated
or from which departure is claimed and the specific acts and/or omissions alleged to be the basis
for the claim of violation or departure, including dates, times and places of all such acts and/or
omissions.
28. If it is claimed that these defendants caused decedent's death, set forth the follow
(a) The date of death;
(b) The place of death;
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(c) The medical cause of death which plaintiff will claim at the time of trial;
and,
(d) Whether or not an autopsy was performed and, if so, the date, place and
name of the person performing same.
29. Set forth any and all funeral expenses incurred by plaintiff(s) as a result of the alleged
wrongful death claim.
30. If any loss of inheritance will be claimed as a result of the alleged wrongful death, set
forth the following:
(a) The name, address, age and affinity of the person claiming a loss of
inheritance;
(b) The manner and respect in which it will be claimed that person incurred a
loss of inheritance.
31. Set forth any additional pecuniary loss which will be claimed as a result of the alleged
wrongful death.
32. With respect to plaintiffs appointment as the representative of decedent's estate:
(a) Identify the county and court in which plaintiff filed the Petition for
Letters of Administration/Letters Testamentary;
(b) Set forth the date on which the "Petition" was filed;
(c) Set forth the date on which the Letters of Administration/Letters
Testamentary were issued;
(d) Annex a complete copy of the "Petition" filed on plaintiffs behalf; and,
(e) Annex a complete copy of the "Letters" issued.
33. If any special damages are claimed as a result of the alleged negligence, set forth,
including but not limited to, the following:
(a) The charges for the any and all hospitalizations, separately listing each
hospital bill;
(b) Physicians' charges;
(c) Charges for medicines,itemizing the medicines charged for;
(d) Nursing changes; and,
(e) Specify by category and amountany other special damages claimed.
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PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiffs failure to comply
with the foregoing Demand for a Verified Bill of Particulars within twenty (20) days, defendant,
will move to preclude the offering of any evidence as to the matters herein demanded and for
costs of such motion.
Dated: New York, New York //
February 23, 2023 /
Yours, etc.
ak—■
BY: Neil F. Brenes
Aaronson Rappaport Feinstein & Deutsch, LLP
Attorneys for Defendant
NYU LANGONE HEALTH SYSTEM
Office & P.O. Address
600 Third Avenue
New York, NY 10016
(212)593-6709
To: SIMONSON GOODMAN PLATZER, PC
Attorneys for Plaintiffs
111 John Street, Suite 1400
New York, NY 10038
(212)233-5001
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------- x
KELLY ENG, AS THE ADMINISTRATRIX OF
THE ESTATE OF XIU FEN MEI, DECEASED, DEMAND FOR EXPERT WITNESS
AND KELLY ENG, INDIVIDUALLY, INFORMATION
Plaintiffs, Index No. 805374/2022
- against -
NYU LANGONE MEDICAL CENTER,
NYU LANGONE HOSPITALS, AND
NYU LANGONE HEALTH SYSTEM,
Defendants.
--------------------------------------------------------------- x
PLEASE TAKE NOTICE, that demand is hereby made upon you, pursuant to CPLR
§3101(d)(1) to disclose the following information:
1. Disclose each person plaintiff(s) expect(s) to call as an expert witness at trial.
2. Disclose in reasonable detail the qualifications of each expert witness. Include
the following:
a) Where did the expert attend medical school and when did he or she
graduate?
b) Did the expert attend internship, residency and/or fellowship programs: If
so, where and when?
c) Does the expert specialize in any areas of medicine?
d) Is the expert Board Certified in any areas of medicine?
e) Is the expert licensed to practice medicine in the United States? If so,
where and when was he or she licensed?
I) What are the expert's hospital affiliations, if any?
3. With respect to each and every act or omission which you will claim as the basis
of the alleged malpractice of the defendant(s) herein, disclose in detail the substance of the facts
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and opinions upon which each expert is expected to testify and a summary of the grounds for
each expert's opinion, to include reference to the following:
a) The condition or conditions which it is claimed the defendant(s) undertook
to treat and upon which plaintiff s(s’) complaint(s) is/are based;
b) A statement of the accepted medical practices, customs and medical
standards which it is claimed were violated by the defendant(s) herein in
each of the acts or omissions claimed to be the basis of the liability against
it (them);
c) The manner in which the defendant(s) herein departed from the above
accepted medical practices, customs and standards;
d) If the plaintiff(s) claim(s) that the defendant(s) ignored or improperly
interpreted complaints, signs, symptoms or conditions; made an erroneous
diagnosis; failed to make a proper diagnosis; improperly treated the
plaintiff(s); failed to take proper tests; improperly took or administered
tests; failed to perform a proper physical examination; set forth:
(i) The complaints, signs, symptoms or conditions that the
defendant(s) failed to interpret properly;
(ii) The proper interpretation, which plaintiff(s) claims should have
been reached or made;
(iii) In what respect the diagnosis was erroneous and incorrect;
(iv) The claimed proper diagnosis;
(v) The improper treatment which it is alleged was rendered;
(vi) The treatment which it is claimed by plaintiff(s) should have been
rendered;
(vii) The name and/or description of each and eveiy test defendant(s)
failed to take or administer;
(viii) The name of each and every test the defendant(s) improperly took
or had administered or taken;
(ix) The manner in which it is claimed such test(s) should have been
administered or taken;
(x) A description of the physical examination performed;
(xi) The manner in which it is claimed such physical examination
should have been performed.
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e) If it is alleged that the defendant(s) herein improperly performed a surgical
procedure or that it was contraindicated and/or unnecessary, set forth:
(i) The name of each surgical procedure and the date it was
performed;
(ii) The surgical procedure which it is claimed was contraindicated,
and/or unnecessary;
(iii) In which manner the aforesaid surgical procedure was contraindi
cated;
(iv) In what manner the aforesaid surgical procedure was improperly
performed;
(v) In what manner the aforesaid surgical procedure should have been
performed.
f) If any of the claims of medical malpractice relate to the prescribing of a
drug or medication, state:
(i) The name of each drug or medication prescribed;
(ii) The dates(s) of each prescription;
(iii) The drugstore(s) where each prescription fdled;
(iv) The number of times each prescription was filled;
(v) The pharmacy number of each prescription.
g) If the plaintiff claims that the defendant(s) herein administered improper,
inappropriate and/or contraindicated drugs, administered proper drugs in
incorrect dosages, set forth:
(i) The generic and trade name of each and every improper and/or
contraindicated drug which was administered or prescribed;
(ii) The name of each proper drug allegedly administered incorrectly
or in incorrect dosages;
(iii) The manner in which it is claimed each such drug should have been
administered and/or the correct dosage thereof, or the proper,
appropriate and/or indicated drug.
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PLEASE TAKE FURTHER NOTICE, that failure to comply with the said demand within
sixty (60) days from the last timely service of an answer herein, pursuant to 22 NYCRR
202.56(a)(l)(vi), will result in a motion for an order precluding the introduction, at the time of
trial, of any testimony concerning alleged departures from medical standards of care, proximately
caused injuries, or economic damages.
Dated: New York, New York
February 23, 2023
BY: Neil F. Brenes
Aaronson Rappaport Feinstein & Deutsch, LLP
Attorneys for Defendant
NYU LANGONE HEALTH SYSTEM
Office & P.O. Address
600 Third Avenue
New York, NY 10016
(212) 593-6709
To: SIMONSON GOODMAN PLATZER, PC
Attorneys for Plaintiffs
111 John Street, Suite 1400
New York, NY 10038
(212)233-5001
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------- x
KELLY ENG, AS THE ADMINISTRATRIX OF
THE ESTATE OF XIU FEN MEI, DECEASED, NOTICE TO PRODUCE NAMES
AND KELLY ENG, INDIVIDUALLY, AND ADDRESSES OF WITNESSES
Plaintiffs, Index No. 805374/2022
- against -
NYU LANGONE MEDICAL CENTER,
NYU LANGONE HOSPITALS, AND
NYU LANGONE HEALTH SYSTEM,
Defendants.
--------------------------------------------------------------- x
PLEASE TAKE NOTICE, that pursuant to CPLR §3101, all counsel are required to
produce any and all names and addresses of persons:
1. Claimed to have witnessed the acts of omission or commission alleged in the
complaint;
2. Claimed to have firsthand knowledge of the acts of omission or commission
alleged in the complaint;
3. Claimed to be witnesses to any acts, omissions or conditions which allegedly
caused the occurrence alleged in the complaint;
4. Claimed to be witnesses to any communications involving the defendant
which plaintiff may seek to introduce at trial; and
5. If plaintiffs’ attorney, representative or plaintiff (him or herself as the case
may be) has or have conducted an interview with any of the physicians who
treated the injuries alleged herein or related conditions, whether preexisting
the alleged malpractice or occurring subsequent thereto, set forth:
a. The full name and address of the physician;
b. The corresponding date on which each interview was conducted;
c. The full name and address of each person conducting the said
interview;
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d. The full name address of every other person - if any - in attendance;
e. Whether any mechanical device such as, but not limited to,
stenographic note taking, audio and/ or videotaping, etc. was utilized
during said interview.
At the offices of the undersigned attorneys within twenty (20) days from the date hereof.
PLEASE TAKE FURTHER NOTICE, that this is to be deemed a continuing demand,
and all responsive information that subsequently is made known or becomes available to plaintiff
shall be furnished to the undersigned in a timely fashion.
PLEASE TAKE FURTHER NOTICE, that failure to provide the aforesaid information
within twenty (20) days after receipt of this Notice, will leave you subject to the provisions of
the CPLR.
Dated: New York, New York
February 23, 2023
mrs, etc
BY: Neil F. Brenes
Aaronson Rappaport Feinstein & Deutsch, LLP
Attorneys for Defendant
NYU LANGONE HEALTH SYSTEM
Office & P.O. Address
600 Third Avenue
New York, NY 10016
(212)593-6709
To: SIMONSON GOODMAN PLATZER, PC
Attorneys for Plaintiffs
111 John Street, Suite 1400
New York, NY 10038
(212) 233-5001
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------- x
KELLY ENG, AS THE ADMINISTRATRIX OF
THE ESTATE OF XIU FEN MEI, DECEASED, DEMAND FOR AUTHORIZATIONS
AND KELLY ENG, INDIVIDUALLY, FOR HOSPITAL AND
PHYSICIAN'S RECORDS AND
Plaintiffs, INTERVIEWS FOR TREATING
PHYSICIAN
- against -
Index No. 805374/2022
NYU LANGONE MEDICAL CENTER,
NYU LANGONE HOSPITALS, AND
NYU LANGONE HEALTH SYSTEM,
Defendants.
-------------------------------------------------------------------- x
PLEASE TAKE NOTICE, that demand is hereby made that you serve upon the undersigned
duly executed authorizations for the release of the records pertaining to the care and treatment
rendered to the plaintiff in any and all hospitals.
Demand is additionally made that you serve upon the undersigned duly executed
authorizations for the release of records of any and all treating physicians and other medical
providers.
Demand is further made that you serve upon the undersigned duly executed authorizations
in accordance with Arons v. Jutkowitz, 9 NY3rd 393 (2007), for the ex parte interview by defense
counsel of any and all treating physicians and all other medical providers in the form attached hereto
or other form complying with 45 CFR 164.508 [c][1 ], [2] to the extent that each such authorization
set forth:
1) This law firm’s name;
2) The identity of this law firm’s client;
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3) The “protected” and related health information expected to be disclosed;
4) The non-party medical provider’s right to refuse the request for the ex parte
interview;
5) That the aforesaid authorization is to remain valid for the duration of this lawsuit.
The aforementioned authorizations should include the full name and address of each
institution and/or physician and the dates of confinement or treatment and should be in the form
attached hereto or other HIPAA compliant form.
PLEASE TAKE FURTHER NOTICE, that failure to comply with this demand will serve
as a basis for a motion to preclude the plaintiff upon the trial of this action from offering proof
relative to all claimed injuries and medical damages if such authorizations are not forthcoming
within twenty (20) days after service of a copy of thd within Demand.
Dated: New York, New York
February 23, 2023
BY: Yleil F. Brenes
Aaronson Rappaport Feinstein & Deutsch, LLP
Attorneys for Defendant
NYU LANGONE HEALTH SYSTEM
Office & P.O. Address
600 Third Avenue
New York, NY 10016
(212)593-6709
To: SIMONSON GOODMAN PLATZER, PC
Attorneys for Plaintiffs
111 John Street, Suite 1400
New York, NY 10038
(212)233-5001
19 of 28
FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
■x
KELLY ENG, as the Administratrix of the Estate of
XIU FEN MEI, Deceased, and KELLY ENG, DEMAND FOR TAX RETURNS
Individually, AND EMPLOYMENT RECORDS
Plaintiffs, Index No. 805374/2022
- against -
NYU LANGONE MEDICAL CENTER,
NYU LANGONE HOSPITALS, and
NYU LANGONE HEALTH SYSTEM,
Defendants.
■x
PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the CPLR, you are hereby
required to furnish to the undersigned full and complete copies, or, authorizations to obtain full
and complete copies of all employment and tax records referable to the plaintiff(s).
PLEASE TAKE FURTHER NOTICE, that failure
Preview
FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------- x KELLY ENG, as the Administratrix of the Estate of XIU FEN MEI, DECEASED, AND KELLY ENG, VERIFIED ANSWER Individually, Index No. 805374/2022 Plaintiffs, - against - NYU LANGONE MEDICAL CENTER, NYU LANGONE HOSPITALS, and NYU LANGONE HEALTH SYSTEM, Defendants. -------------------------------------------------------------------- x Defendant, NYU LANGONE HEALTH SYSTEM, by its attorneys, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, as and for its Answer to the Verified Complaint, respectfully shows to this Court and alleges upon information and belief: AS AND FOR THE FIRST CAUSE OF ACTION 1. Denies knowledge or information to form a belief as to the truth of the allegations contained in paragraphs “1,” “2” “3,” “16,” “17,” “18,” “22,” “23,” “24,” “25,” “26,” “27,” “28,” “33,” “34,” “35,” “36,” “37,” “38,” “39,” “40,” “41,” “42,” “43,” “44,” “45,” “46,” “47,” “48,” “49,” and “50.” 2. Denies the allegations contained in paragraphs “4,” “5,” “6,” “11,” “12,” “13,” “14,” “15,” “19,” “20,” “21,” “51,” “52,” “53,” “54,” “55,” “56,” “57,” “58,” “59,” “60,” “61,” “62,” “63,” “64,” “65,” and “66.” 3. Denies the allegations contained in paragraphs “7,” “29,” “30,” “31,” and “32” in the form alleged. 1 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 4. Denies the allegations contained in paragraphs “8” and “9” except admits that NYU LANGONE HOSPITALS operates a hospital with offices and facilities located at 550 First Avenue, New York, New York 10016. 5. Denies the allegations contained in paragraph “10” in the form alleged except admits that NYU LANGONE HEALTH SYSTEM, is a domestic not-for-profit corporation duly organized and existing under the laws of the State of New York. 6. Denies the allegations contained in paragraph “67” and refers all questions of law to this Honorable Court. AS AND FOR THE SECOND CAUSE OF ACTION 7. In response to paragraph “68” repeats each admission or denial contained in paragraphs “1” through “67” herein as though fully set forth hereat. 8. Denies knowledge or information to form a belief as to the truth of the allegations contained in paragraph “69.” 9. Denies the allegations contained in paragraphs “70,” “71,” and “72.” 10. Denies the allegations contained in paragraphs “73” and refers all questions of law to this Honorable Court. AS AND FOR THE FIRST AFFIRMATIVE DEFENSE 11. The liability of the answering defendant(s), if any, is limited pursuant to CPLR Article 16. AS AND FOR THE SECOND AFFIRMATIVE DEFENSE 12. Punitive damages are violative of the United States Constitution and the Constitution of the State of New York. WHEREFORE, defendant, NYU LANGONE HEALTH SYSTEM, demands judgment 2 2 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 dismissing the Complaint, together with the costs and disbursements of the within action. Dated: New York, New York February 23, 2023 BY: Neil F. Brenes Aaronson Rappaport Feinstein & Deutsch, LLP Attorneys for Defendant NYU LANGONE HEALTH SYSTEM Office & P.O. Address 600 Third Avenue New York, NY 10016 (212)593-6709 To: SIMONSON GOODMAN PLATZER, PC Attorneys for Plaintiffs 111 John Street, Suite 1400 New York, NY 10038 (212) 233-5001 3 3 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK KELLY ENG, AS THE ADMINISTRATRIX OF THE ESTATE OF XIU FEN MEI, DECEASED, AND KELLY ENG, INDIVIDUALLY, NOTICE OF DEPOSITION Plaintiffs, Index No. 805374/2022 - against - NYU LANGONE MEDICAL CENTER, NYU LANGONE HOSPITALS, AND NYU LANGONE HEALTH SYSTEM, Defendants. PLEASE TAKE NOTICE, that we will take the deposition of the following parties or persons, before a Notary Public not affiliated with any of the parties or their attorneys, on all relevant and material issues, as authorized by Article 31 of the CPLR: ALL PARTIES DATE: April 25, 2023 TIME: 10:00 A.M. PLACE: AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP 600 Third Avenue, New York, New York 10016 PLEASE TAKE FURTHER NOTICE, that the persons to be examined are required to produce all books, records and papers in their custody and possession that may be relevant to the issues herein. Dated: New York, New York February 23, 2023 ours, etc BY: Neil F. Brenes Aaronson Rappaport Feinstein & Deutsch, LLP Attorneys for Defendant NYU LANGONE HEALTH SYSTEM Office & P.O. Address 600 Third Avenue New York, NY 10016 (212)593-6709 4 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 To: SIMONSON GOODMAN PLATZER, PC Attorneys for Plaintiffs 111 John Street, Suite 1400 New York, NY 10038 (212)233-5001 -2- 5 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK •x KELLY ENG, as the Administratrix of the Estate of XIU FEN MEI, Deceased, and KELLY ENG, DEMAND FOR A VERIFIED BILL Individually, OF PARTICULARS Plaintiffs, Index No. 805374/2022 - against - NYU LANGONE MEDICAL CENTER, NYU LANGONE HOSPITALS, and NYU LANGONE HEALTH SYSTEM, Defendants. -------------------------------------------------------------------- x PLEASE TAKE NOTICE, that defendant, NYU LANGONE HEALTH SYSTEM hereby demands that plaintiff(s) serve on the undersigned within twenty (20) days from the date of service hereof, a Verified Bill of Particulars with respect to the following matters concerning the allegations in the complaint against the above named defendant: 1. State the (a) date and place of birth of plaintiff(s); (b) residence address of the plaintiffs) at the time this action was commenced; (c) residence address of the plaintiff(s) at the time of the alleged negligence; (d) date(s) and place(s) of plaintiffs) marriage(s); (e) full names and dates of birth of all children born to plaintiffs); (f) social security number of plaintiffs); and (g) Medicare Health Insurance Claim Number (HICN) of plaintiffs). 2. Set forth a general statement of the acts or omissions of this defendant that are claimed to constitute a departure from good and accepted medical practice. 3. Set forth the date(s) of this defendant’s alleged negligence. 4. Set forth: (a) The dates of first and last services rendered by each defendant; (b) The place or places where the services were rendered by each defendant. 5. If plaintiffs) charges this defendant with a misdiagnosis, identify the alleged misdiagnosis and set forth the diagnosis claimed to be the proper one. 6 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 6. If plaintiff(s) charges this defendant with having failed to administer a diagnostic test or procedure, state the test or diagnostic procedure claimed to have been required and when and where each test or diagnostic procedure should have been performed. 7. If plaintiff(s) charges this defendant with having failed to administer a particular course of therapy, state the medicines, treatments and surgical procedures claimed to have been required and when and where each should have been administered or performed. 8. If plaintiff(s) charges this defendant with having administered contraindicated medicines, treatments, tests and/or surgical procedures, identify each and the conditions existing which, it is claimed, contraindicated the medicine, treatment, test and/or surgical procedure. 9. If plaintiff(s) charges this defendant with negligently having administered a medicine, treatment, test or surgical procedure, identify each so claimed and set forth the manner in which the technique employed by this defendant departed from such standards. 10. If any special damages are claimed as a result of the alleged negligence, set forth, including but not limited to, the following: (a) The charges for the any and all hospitalizations, separately listing each hospital bill; (b) Physicians' charges; (c) Charges for medicines,itemizing the medicinescharged for; (d) Nursing changes; and, (e) Specify by category and amount any other special damages claimed. 11. Pursuant to CPLR 4545, identify the party who paid the damages claimed in paragraph 10 above, including the relationship of the plaintiff(s) to that party. If the third party payments were made as a result of reimbursements through an insurance company, set forth the complete name and address of the company, the complete name of the person in whose name the policy was issued, the state the policy was issued, the date of the policy’s inception, the name of the plan and the policy number. 12. If plaintiff(s) claims that the injuries alleged herein were caused, in whole or in part, by the use of a defective, inappropriate or insufficient piece of equipment or instrument, identify each and every item so claimed and set forth those facts that support said allegations. 13. Set forth the full names and addresses of each and every person that plaintiff(s) will claim, at the time of trial, observed this defendant acts of alleged malpractice. 14. Set forth the full name and addresses of each and every physician from whom the plaintiff-patient has received medical treatment for any medical, surgical or related condition in the fifteen (15) years prior to the alleged malpractice with dates of treatment. -2- 7 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 15. Set forth the full names and addresses of each and every hospital, institution, facility or clinic in which the plaintiff-patient received treatment with respect to any medical, surgical or related condition for the fifteen (15) years prior to the alleged malpractice with dates of confinement or outpatient treatment. 16. Set forth the nature of the condition for which the plaintiff(s) sought and accepted the medical treatment rendered by this defendant. 17. The nature, location, extent and duration of each injury which, it will be claimed, was caused by the negligence of this defendant. If any injuries are claimed to be permanent, specify each so claimed. 18. Set forth the full name and address of each and every subsequent treating physician from whom medical treatment or consultation was sought by the plaintiffs) by reason of the injuries allegedly sustained. 19. Set forth full name and address of each and every physician seen by plaintiffs) patient for consultation, physical examination and or medical tests at the direction or referral of legal counsel. Set forth dates of each such examination or treatment. 20. Set forth each and every condition which plaintiffs) claim this defendant exacerbated. 21. If it will be claimed that the aforesaid injuries necessitated any hospitalizations of plaintiffs), set forth the name and address of each hospital with dates of confinement or outpatient treatment. 22. If it will be claimed that the aforesaid injuries necessitated treatment at any other institutions, set forth the name and address of each institution with dates of confinement. 23. If it will be claimed that the aforesaid injuries necessitated confinement to bed or home, set forth the following: (a) The dates of confinement to home; (b) The dates of confinement to bed. 24. If loss of earnings is claimed as a result of the alleged negligence, set forth the following: (a) The name and address of claimant's employer at the time of the alleged negligence; (b) The capacity in which claimant was employed; (c) Claimant's earnings for the year prior to the alleged negligence; (d) The last date claimant worked prior to the alleged negligence; -3- 8 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 (e) The name and address of claimant's present employer; and, (f) Loss of earnings claimed. 25. If it will be claimed that the aforesaid injuries necessitated any special educational, emotional, or vocational training or schooling, set forth the name and address of each organization and the dates. 26. Set forth the full caption of each and every lawsuit brought on plaintiff(s) behalf to recover damages for any connected or aggravated injuries allegedly caused and sustained by reason of the acts of one or more preceding, joint, concurrent and/or succeeding tortfeasors, including: (a) Court; (b) Index Number; (c) Calendar Number; (d) Names and addresses of all litigants; (e) Names and addresses of all attorneys appearing for litigants; (f) Status of lawsuit: (i) if noticed for trial, specify the date; (ii) if settled, annex a copy of each releaser delivered indicating the amounts contributed by each defendant; (iii) if discontinued without payment, annex a copy of each stipulation so delivered to each defendant; (iv) if tried, annex a copy of the judgment with notice of entry; and, (v) if judgment was satisfied, set forth date and amount of payment and annex a copy of satisfaction of judgment. 27. If it is claimed that this defendant violated or departed from the terms of any statutes, laws or ordinances, set forth the specific statute, law or ordinance alleged to have been violated or from which departure is claimed and the specific acts and/or omissions alleged to be the basis for the claim of violation or departure, including dates, times and places of all such acts and/or omissions. 28. If it is claimed that these defendants caused decedent's death, set forth the follow (a) The date of death; (b) The place of death; -4- 9 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 (c) The medical cause of death which plaintiff will claim at the time of trial; and, (d) Whether or not an autopsy was performed and, if so, the date, place and name of the person performing same. 29. Set forth any and all funeral expenses incurred by plaintiff(s) as a result of the alleged wrongful death claim. 30. If any loss of inheritance will be claimed as a result of the alleged wrongful death, set forth the following: (a) The name, address, age and affinity of the person claiming a loss of inheritance; (b) The manner and respect in which it will be claimed that person incurred a loss of inheritance. 31. Set forth any additional pecuniary loss which will be claimed as a result of the alleged wrongful death. 32. With respect to plaintiffs appointment as the representative of decedent's estate: (a) Identify the county and court in which plaintiff filed the Petition for Letters of Administration/Letters Testamentary; (b) Set forth the date on which the "Petition" was filed; (c) Set forth the date on which the Letters of Administration/Letters Testamentary were issued; (d) Annex a complete copy of the "Petition" filed on plaintiffs behalf; and, (e) Annex a complete copy of the "Letters" issued. 33. If any special damages are claimed as a result of the alleged negligence, set forth, including but not limited to, the following: (a) The charges for the any and all hospitalizations, separately listing each hospital bill; (b) Physicians' charges; (c) Charges for medicines,itemizing the medicines charged for; (d) Nursing changes; and, (e) Specify by category and amountany other special damages claimed. -5- 10 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiffs failure to comply with the foregoing Demand for a Verified Bill of Particulars within twenty (20) days, defendant, will move to preclude the offering of any evidence as to the matters herein demanded and for costs of such motion. Dated: New York, New York // February 23, 2023 / Yours, etc. ak—■ BY: Neil F. Brenes Aaronson Rappaport Feinstein & Deutsch, LLP Attorneys for Defendant NYU LANGONE HEALTH SYSTEM Office & P.O. Address 600 Third Avenue New York, NY 10016 (212)593-6709 To: SIMONSON GOODMAN PLATZER, PC Attorneys for Plaintiffs 111 John Street, Suite 1400 New York, NY 10038 (212)233-5001 -6- 11 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------- x KELLY ENG, AS THE ADMINISTRATRIX OF THE ESTATE OF XIU FEN MEI, DECEASED, DEMAND FOR EXPERT WITNESS AND KELLY ENG, INDIVIDUALLY, INFORMATION Plaintiffs, Index No. 805374/2022 - against - NYU LANGONE MEDICAL CENTER, NYU LANGONE HOSPITALS, AND NYU LANGONE HEALTH SYSTEM, Defendants. --------------------------------------------------------------- x PLEASE TAKE NOTICE, that demand is hereby made upon you, pursuant to CPLR §3101(d)(1) to disclose the following information: 1. Disclose each person plaintiff(s) expect(s) to call as an expert witness at trial. 2. Disclose in reasonable detail the qualifications of each expert witness. Include the following: a) Where did the expert attend medical school and when did he or she graduate? b) Did the expert attend internship, residency and/or fellowship programs: If so, where and when? c) Does the expert specialize in any areas of medicine? d) Is the expert Board Certified in any areas of medicine? e) Is the expert licensed to practice medicine in the United States? If so, where and when was he or she licensed? I) What are the expert's hospital affiliations, if any? 3. With respect to each and every act or omission which you will claim as the basis of the alleged malpractice of the defendant(s) herein, disclose in detail the substance of the facts 12 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 and opinions upon which each expert is expected to testify and a summary of the grounds for each expert's opinion, to include reference to the following: a) The condition or conditions which it is claimed the defendant(s) undertook to treat and upon which plaintiff s(s’) complaint(s) is/are based; b) A statement of the accepted medical practices, customs and medical standards which it is claimed were violated by the defendant(s) herein in each of the acts or omissions claimed to be the basis of the liability against it (them); c) The manner in which the defendant(s) herein departed from the above accepted medical practices, customs and standards; d) If the plaintiff(s) claim(s) that the defendant(s) ignored or improperly interpreted complaints, signs, symptoms or conditions; made an erroneous diagnosis; failed to make a proper diagnosis; improperly treated the plaintiff(s); failed to take proper tests; improperly took or administered tests; failed to perform a proper physical examination; set forth: (i) The complaints, signs, symptoms or conditions that the defendant(s) failed to interpret properly; (ii) The proper interpretation, which plaintiff(s) claims should have been reached or made; (iii) In what respect the diagnosis was erroneous and incorrect; (iv) The claimed proper diagnosis; (v) The improper treatment which it is alleged was rendered; (vi) The treatment which it is claimed by plaintiff(s) should have been rendered; (vii) The name and/or description of each and eveiy test defendant(s) failed to take or administer; (viii) The name of each and every test the defendant(s) improperly took or had administered or taken; (ix) The manner in which it is claimed such test(s) should have been administered or taken; (x) A description of the physical examination performed; (xi) The manner in which it is claimed such physical examination should have been performed. -2- 13 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 e) If it is alleged that the defendant(s) herein improperly performed a surgical procedure or that it was contraindicated and/or unnecessary, set forth: (i) The name of each surgical procedure and the date it was performed; (ii) The surgical procedure which it is claimed was contraindicated, and/or unnecessary; (iii) In which manner the aforesaid surgical procedure was contraindi cated; (iv) In what manner the aforesaid surgical procedure was improperly performed; (v) In what manner the aforesaid surgical procedure should have been performed. f) If any of the claims of medical malpractice relate to the prescribing of a drug or medication, state: (i) The name of each drug or medication prescribed; (ii) The dates(s) of each prescription; (iii) The drugstore(s) where each prescription fdled; (iv) The number of times each prescription was filled; (v) The pharmacy number of each prescription. g) If the plaintiff claims that the defendant(s) herein administered improper, inappropriate and/or contraindicated drugs, administered proper drugs in incorrect dosages, set forth: (i) The generic and trade name of each and every improper and/or contraindicated drug which was administered or prescribed; (ii) The name of each proper drug allegedly administered incorrectly or in incorrect dosages; (iii) The manner in which it is claimed each such drug should have been administered and/or the correct dosage thereof, or the proper, appropriate and/or indicated drug. -3- 14 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 PLEASE TAKE FURTHER NOTICE, that failure to comply with the said demand within sixty (60) days from the last timely service of an answer herein, pursuant to 22 NYCRR 202.56(a)(l)(vi), will result in a motion for an order precluding the introduction, at the time of trial, of any testimony concerning alleged departures from medical standards of care, proximately caused injuries, or economic damages. Dated: New York, New York February 23, 2023 BY: Neil F. Brenes Aaronson Rappaport Feinstein & Deutsch, LLP Attorneys for Defendant NYU LANGONE HEALTH SYSTEM Office & P.O. Address 600 Third Avenue New York, NY 10016 (212) 593-6709 To: SIMONSON GOODMAN PLATZER, PC Attorneys for Plaintiffs 111 John Street, Suite 1400 New York, NY 10038 (212)233-5001 -4- 15 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------- x KELLY ENG, AS THE ADMINISTRATRIX OF THE ESTATE OF XIU FEN MEI, DECEASED, NOTICE TO PRODUCE NAMES AND KELLY ENG, INDIVIDUALLY, AND ADDRESSES OF WITNESSES Plaintiffs, Index No. 805374/2022 - against - NYU LANGONE MEDICAL CENTER, NYU LANGONE HOSPITALS, AND NYU LANGONE HEALTH SYSTEM, Defendants. --------------------------------------------------------------- x PLEASE TAKE NOTICE, that pursuant to CPLR §3101, all counsel are required to produce any and all names and addresses of persons: 1. Claimed to have witnessed the acts of omission or commission alleged in the complaint; 2. Claimed to have firsthand knowledge of the acts of omission or commission alleged in the complaint; 3. Claimed to be witnesses to any acts, omissions or conditions which allegedly caused the occurrence alleged in the complaint; 4. Claimed to be witnesses to any communications involving the defendant which plaintiff may seek to introduce at trial; and 5. If plaintiffs’ attorney, representative or plaintiff (him or herself as the case may be) has or have conducted an interview with any of the physicians who treated the injuries alleged herein or related conditions, whether preexisting the alleged malpractice or occurring subsequent thereto, set forth: a. The full name and address of the physician; b. The corresponding date on which each interview was conducted; c. The full name and address of each person conducting the said interview; 16 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 d. The full name address of every other person - if any - in attendance; e. Whether any mechanical device such as, but not limited to, stenographic note taking, audio and/ or videotaping, etc. was utilized during said interview. At the offices of the undersigned attorneys within twenty (20) days from the date hereof. PLEASE TAKE FURTHER NOTICE, that this is to be deemed a continuing demand, and all responsive information that subsequently is made known or becomes available to plaintiff shall be furnished to the undersigned in a timely fashion. PLEASE TAKE FURTHER NOTICE, that failure to provide the aforesaid information within twenty (20) days after receipt of this Notice, will leave you subject to the provisions of the CPLR. Dated: New York, New York February 23, 2023 mrs, etc BY: Neil F. Brenes Aaronson Rappaport Feinstein & Deutsch, LLP Attorneys for Defendant NYU LANGONE HEALTH SYSTEM Office & P.O. Address 600 Third Avenue New York, NY 10016 (212)593-6709 To: SIMONSON GOODMAN PLATZER, PC Attorneys for Plaintiffs 111 John Street, Suite 1400 New York, NY 10038 (212) 233-5001 17 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------- x KELLY ENG, AS THE ADMINISTRATRIX OF THE ESTATE OF XIU FEN MEI, DECEASED, DEMAND FOR AUTHORIZATIONS AND KELLY ENG, INDIVIDUALLY, FOR HOSPITAL AND PHYSICIAN'S RECORDS AND Plaintiffs, INTERVIEWS FOR TREATING PHYSICIAN - against - Index No. 805374/2022 NYU LANGONE MEDICAL CENTER, NYU LANGONE HOSPITALS, AND NYU LANGONE HEALTH SYSTEM, Defendants. -------------------------------------------------------------------- x PLEASE TAKE NOTICE, that demand is hereby made that you serve upon the undersigned duly executed authorizations for the release of the records pertaining to the care and treatment rendered to the plaintiff in any and all hospitals. Demand is additionally made that you serve upon the undersigned duly executed authorizations for the release of records of any and all treating physicians and other medical providers. Demand is further made that you serve upon the undersigned duly executed authorizations in accordance with Arons v. Jutkowitz, 9 NY3rd 393 (2007), for the ex parte interview by defense counsel of any and all treating physicians and all other medical providers in the form attached hereto or other form complying with 45 CFR 164.508 [c][1 ], [2] to the extent that each such authorization set forth: 1) This law firm’s name; 2) The identity of this law firm’s client; 18 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 3) The “protected” and related health information expected to be disclosed; 4) The non-party medical provider’s right to refuse the request for the ex parte interview; 5) That the aforesaid authorization is to remain valid for the duration of this lawsuit. The aforementioned authorizations should include the full name and address of each institution and/or physician and the dates of confinement or treatment and should be in the form attached hereto or other HIPAA compliant form. PLEASE TAKE FURTHER NOTICE, that failure to comply with this demand will serve as a basis for a motion to preclude the plaintiff upon the trial of this action from offering proof relative to all claimed injuries and medical damages if such authorizations are not forthcoming within twenty (20) days after service of a copy of thd within Demand. Dated: New York, New York February 23, 2023 BY: Yleil F. Brenes Aaronson Rappaport Feinstein & Deutsch, LLP Attorneys for Defendant NYU LANGONE HEALTH SYSTEM Office & P.O. Address 600 Third Avenue New York, NY 10016 (212)593-6709 To: SIMONSON GOODMAN PLATZER, PC Attorneys for Plaintiffs 111 John Street, Suite 1400 New York, NY 10038 (212)233-5001 19 of 28 FILED: NEW YORK COUNTY CLERK 03/01/2023 09:48 AM INDEX NO. 805374/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 03/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ■x KELLY ENG, as the Administratrix of the Estate of XIU FEN MEI, Deceased, and KELLY ENG, DEMAND FOR TAX RETURNS Individually, AND EMPLOYMENT RECORDS Plaintiffs, Index No. 805374/2022 - against - NYU LANGONE MEDICAL CENTER, NYU LANGONE HOSPITALS, and NYU LANGONE HEALTH SYSTEM, Defendants. ■x PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the CPLR, you are hereby required to furnish to the undersigned full and complete copies, or, authorizations to obtain full and complete copies of all employment and tax records referable to the plaintiff(s). PLEASE TAKE FURTHER NOTICE, that failure