Party Statement: xxxxxx xxxxxxxx, xxxxx xxxxxxxx v. Ronald J Tadeo, Richard Pitch, Scott Berlin, Shore Psychiatric Center, Family Psychology Of Long Island, Berlin Obgyn Associates, Janssen Pharmaceuticals, Inc. K/N/A Ortho-Mcneil-Janssen Pharmaceuticals, Inc., Zydus Pharmaceuticals Usa, Inc.

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                                FILED: SUFFOLK COUNTY CLERK 05/25/2023 10:41 AM                                                        INDEX NO. 026910/2012
NYSCEF DOC. NO. 215                                                                          RECEIVED NYSCEF: 05/25/2023




           SUPREME COURT OF THE STATE OF NEW YORK
           COUNTY OF SUFFOLK
           -----------------------------------------------------------------X
           xxxxxx xxxxxxxx, on behalf of xxxxx
           xxxxxxxx, an infant under the age of 18, and                         Index No. 26910/2012
           xxxxxx xxxxxxxx, Individually,

                                                                                SUPPLEMENTAL
                                              Plaintiff,
                                                                                AFFIRMATION

                            -against-


           RONALD J. TADDEO, M.D., RICHARD PITCH,
           M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC
           CENTER, FAMILY PSYCHOLOGY OF LONG
           ISLAND, BERLIN OBGYN ASSOCIATES, JANSSEN
           PHARMACEUTICALS, INC. and ZYDUS
           PHARMACEUTICALS (USA), INC.,
                                              Defendant.
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                    1.     xxxxxx xxxxxxx, an attorney duly admitted to practice law in the Courts of the

          State of New York, hereby affirms the following to be true under the penalties of perjury:

                    2.     I am a partner with NAPOLI SHKOLNIK, PLLC, attorneys for the plaintiff,

          and based on my review of the file I am familiar with the facts and circumstances of this

          matter.

                    3.     I make this affirmation in as a supplement to clarify statements made in the

          Affirmation in Support of Plaintiff’s Order to Show Cause filed on May 24, 2023.

                    4.      Specifically, in Affirmation, Plaintiff’s Supplemental Bill of Particulars was

          referenced and was annexed as an Exhibit (at Exhibit C, with the original Bill of Particulars).

          Your affirmant left off the ongoing motion practice regarding same.




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FILED: SUFFOLK COUNTY CLERK 05/25/2023 10:41 AM                                               INDEX NO. 026910/2012
NYSCEF DOC. NO. 215                                                                    RECEIVED NYSCEF: 05/25/2023




                 5.      The Defendants objected to the Supplemental Bill of Particulars and filed a

          Motion to Strike same, which can be found on the NYSCEF at docket nos. 155 through 162.

          Plaintiff opposed the motion (NYSCEF doc 164) and the Defendants replied (dkt no. 165).

                 6.      Defendants’ Motion to Strike was granted in a Decision and Order by Justice

          Baisley, which can be found a NYSCEF docket number 167 and is also Annexed hereto at

          Exhibit E. In the Decision, Justice Baisley held that the Supplemental Bill of Particulars was

          instead an amended Bill of Particulars.

                 7.      Plaintiff filed a Notice of Appeal on March 10, 2023 (dkt. No 169) as well as an

          Order to Show Cause to amend the Bill of Particulars (dkt 170-179) which was signed by

          Justuce Baisley on March 15, 2023 (dkt 181). The Order to Show cause was opposed by

          defendants on March 31, 2023 (dkt 181-189). Plaintiff submitted a reply on April 4, 2023. The

          Order to Show Cause remains pending.

                 8.      Your affirmant respectfully submits this affirmation to ensure that the

          procedural history of this matter is clear to this Court.

          Dated: May 25, 2023

                  Melville, New York

                                                         Yours, etc.,
                                                         NAPOLI SHKOLNIK, PLLC


                                                         _____________________________
                                                         xxxxxx L. xxxxxxx
                                                         Napoli Shkolnik, PLLC
                                                         Attorneys for the Plaintiff
                                                         400 Broadhollow Road – Suite 305
                                                         Melville, NY 11747
                                                         212-397-1000




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FILED: SUFFOLK COUNTY CLERK 05/25/2023 10:41 AM         INDEX NO. 026910/2012
NYSCEF DOC. NO. 215                               RECEIVED NYSCEF: 05/25/2023




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