On December 28, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Ansel Johnson,
Minel Johnson,
and
Amer Homsi,
Bernard Rimpel,
David Schaner,
Joseph Dergan,
Sarina Cranage,
Stacey Martindale,
The Brooklyn Hospital Center,
Umesh Mishra,
for Torts - Medical, Dental, or Podiatrist Malpractice
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016
NYSCEF DOC. NO. 135 RECEIVED NYSCEF: 04/21/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------------x
Index No. 523101/2016
MINEL JOHNSON and KIRK JOHNSON, as Administrator
Of the Estate of ANSEL JOHNSON, deceased, STATEMENT OF
MATERIAL
Plaintiffs, UNDISPUTED FACTS
-against-
BERNARD RIMPEL, UMESH MISHRA, JOSEPH
DERGAN, SARINA CRANAGE, STACEY
MARTINDALE, AMER HOMSI, DAVID SCHANER
and THE BROOKLYN HOSPITAL CENTER,
Defendants.
--------------------------------------------------------------------------x
MARTIN B. ADAMS, affirms the following to be true under the penalties of
perjury:
I am an attorney licensed to practice law in the State of New York. I am
associated with the law firm of DOPF, P.C., attorneys for Defendants UMESH MISHRA,
JOSEPH DERGAN, STACEY MARTINDALE, AMER HOMSI, and THE BROOKLYN
HOSPITAL CENTER.
Pursuant to Uniform Civil Rule 202.8-g, following is a short and concise
statement of the material facts as to which Defendants contend there is no genuine issue to be
tried.
1. Minel Johnson, was admitted on May 2, 2014 to undergo an elective ventral
hernia repair, which repair was performed by Dr. Bernard Rimpel on May 2, 2014 (Exhibit
“P”, pp. 14-15).
2 There were no complications during the repair surgery (Exhibit “J”, p. 17).
3. Plaintiff left the operating room in good condition. Her vital signs were
steady (Exhibit “P”, p. 30).
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FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016
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4. An order for Labetalol was written by Sarina Cranage, CRNA on May 2,
2014 that reads: “Given 5 mg IV push every 15 minutes PRN for SBP 30% over baseline.
Stop after 4 doses. Special instruction: FOR USE IN PACU ONLY.” (Exhibit “H”).
5. Defendant CRANAGE “was employed by NAPA, North American Partners
in Anesthesia” when she worked at Defendant HOSPITAL (Exhibit “N”, p. 10; see, also, p.
25).
6. Defendant SCHANER worked at Defendant HOSPITAL in his capacity as
an “employee of the North American Partners in Anesthesia.” (Exhibit “O”, p. 23).
Dated: New York, New York
April 20, 2023
MARTIN B. ADAMS
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FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016
NYSCEF DOC. NO. 135 RECEIVED NYSCEF: 04/21/2023
CERTIFICATION PURSUANT TO RULE 202.8-b (RULE 17)
I hereby certify pursuant to Rule 202.8-b (Rule 17) of the Uniform Rules for
the Supreme Court and County Court that the total number of words in Defendants’ Statement
of Undisputed Material Facts, inclusive of point headings and footnotes and exclusive of the
caption, table of contents, table of authorities, and signature block is 241 words. The
document complies with the word-count limit. I have relied on the word count of the word-
processing system used to prepare the document.
Dated: New York, New York
April 20, 2023
Respectfully Submitted,
DOPF, P.C.
By:
MARTIN B. ADAMS
Attorneys for Defendants
UMESH MISHRA, JOSEPH DERGAN,
STACEY MARTINDALE,
AMER HOMSI, and
THE BROOKLYN HOSPITAL CENTER 112
West 34th Street, Suite 1555
New York, N.Y. 10120
(212) 244-9090
Facsimile: (212) 643-0862
madams@dopfnyc.com
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Preview
FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 135 RECEIVED NYSCEF: 04/21/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------------x Index No. 523101/2016 MINEL JOHNSON and KIRK JOHNSON, as Administrator Of the Estate of ANSEL JOHNSON, deceased, STATEMENT OF MATERIAL Plaintiffs, UNDISPUTED FACTS -against- BERNARD RIMPEL, UMESH MISHRA, JOSEPH DERGAN, SARINA CRANAGE, STACEY MARTINDALE, AMER HOMSI, DAVID SCHANER and THE BROOKLYN HOSPITAL CENTER, Defendants. --------------------------------------------------------------------------x MARTIN B. ADAMS, affirms the following to be true under the penalties of perjury: I am an attorney licensed to practice law in the State of New York. I am associated with the law firm of DOPF, P.C., attorneys for Defendants UMESH MISHRA, JOSEPH DERGAN, STACEY MARTINDALE, AMER HOMSI, and THE BROOKLYN HOSPITAL CENTER. Pursuant to Uniform Civil Rule 202.8-g, following is a short and concise statement of the material facts as to which Defendants contend there is no genuine issue to be tried. 1. Minel Johnson, was admitted on May 2, 2014 to undergo an elective ventral hernia repair, which repair was performed by Dr. Bernard Rimpel on May 2, 2014 (Exhibit “P”, pp. 14-15). 2 There were no complications during the repair surgery (Exhibit “J”, p. 17). 3. Plaintiff left the operating room in good condition. Her vital signs were steady (Exhibit “P”, p. 30). -3- 4893-8259-6190, v. 1 1 of 3 FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 135 RECEIVED NYSCEF: 04/21/2023 4. An order for Labetalol was written by Sarina Cranage, CRNA on May 2, 2014 that reads: “Given 5 mg IV push every 15 minutes PRN for SBP 30% over baseline. Stop after 4 doses. Special instruction: FOR USE IN PACU ONLY.” (Exhibit “H”). 5. Defendant CRANAGE “was employed by NAPA, North American Partners in Anesthesia” when she worked at Defendant HOSPITAL (Exhibit “N”, p. 10; see, also, p. 25). 6. Defendant SCHANER worked at Defendant HOSPITAL in his capacity as an “employee of the North American Partners in Anesthesia.” (Exhibit “O”, p. 23). Dated: New York, New York April 20, 2023 MARTIN B. ADAMS -4- 4893-8259-6190, v. 1 2 of 3 FILED: KINGS COUNTY CLERK 04/21/2023 09:20 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 135 RECEIVED NYSCEF: 04/21/2023 CERTIFICATION PURSUANT TO RULE 202.8-b (RULE 17) I hereby certify pursuant to Rule 202.8-b (Rule 17) of the Uniform Rules for the Supreme Court and County Court that the total number of words in Defendants’ Statement of Undisputed Material Facts, inclusive of point headings and footnotes and exclusive of the caption, table of contents, table of authorities, and signature block is 241 words. The document complies with the word-count limit. I have relied on the word count of the word- processing system used to prepare the document. Dated: New York, New York April 20, 2023 Respectfully Submitted, DOPF, P.C. By: MARTIN B. ADAMS Attorneys for Defendants UMESH MISHRA, JOSEPH DERGAN, STACEY MARTINDALE, AMER HOMSI, and THE BROOKLYN HOSPITAL CENTER 112 West 34th Street, Suite 1555 New York, N.Y. 10120 (212) 244-9090 Facsimile: (212) 643-0862 madams@dopfnyc.com -5- 4893-8259-6190, v. 1 3 of 3