Preview
FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023
Exhibit A
FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023
NOTICE OF MEDICAL, DENTAL OR PODIATRIC MALPRACTICE ACTION
Index No.: 805145/2022
Malpractice Calendar # (if any) Reserved for Clerk's use:
Name of Judge assigned
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
___________________________________________________________________________x
JOSEPH CHAN as Administrator of the Estate
of YUK CHU CHAN and JOSEPH CHAN, Individually,
Plaintiff(s),
- against -
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH
GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR
and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION,
Defendant(s).
--_________________________________________________________________________x
PLEASE TAKE NOTICE that the above action for medical, dental, or podiatric malpractice
was commenced by service of summons on July 22, 2022; that issue was joined therein October 17,
2022; and that the action has not been dismissed, settled, or otherwise terminated.
1. Full name, address, and age of each Plaintiff:
JOSEPH CHAN
49 Clive Hills Road
Edison, NJ 08820
2. Full name and address of each Defendant:
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH
GOUVERNEUR
227 Madison Street
Manhattan, NY 10002
FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023
GOTHAM HEALTH GOUVERNEUR
227 Madison St,
Manhattan, NY 10002
NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION,
50 WaterSt. New York, NY 10004
3. Alleged Medical Specialty:
Defendant NYC HEALTH AND HOSPITALS/GOTHAM HEALTH
GOUVERNEUR is a nursing home facility.
Defendant GOTHAM HEALTH GOUVERNEUR is a nursing home facility.
4. Claim is for: X Medical malpractice
_ Dental malpractice ____ Podiatric malpractice
5. Date and Place Claim Arose:
From on or about September 30, 2020 through on or about February 3, 2021 while Plaintiff's
decedent was under the care of defendant NYC Health And Hospitals/Gotham Health
Gouverneur, Gotham Health Gouverneur And New York City Health And Hospitals
Corporation.
6. Substance of Claim:
Pain and suffering and wrongful death, resulting from the development and deterioration of
Defendants'
multiple pressure ulcers and infection due to the negligence, medical malpractice,
while the Plaintiff s decedent was under the Defendant's care and treatment.
7. Following items must be checked:
a) 1Proof is attached that authorizations to obtain medical, dental, podiatric and hospital
records have been served upon the Defendant(s) in the action, or _ demands have not
been made for such authorizations.
b) 1 Copies of the summons, notice of appearance, all pleadings, certificate of merit, if
required, and the bill of particulars, if served, are attached.
c) ___ A copy of any demand for arbitration, election of arbitration or concession of liability
is attached, or 1 demand has not been made for arbitration.
d) ___ All information required by CPLR 3101(d)(1)(i) is attached, or ___ a request for such
information has not been made, or 1 such information is not available.
FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023
8. Names, addresses and telephone numbers of counsel for all parties:
SINEL & OLESEN, PLLC
Attorneys for Plaintif(s)
JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH
CHAN, Individually,
10*
330 7*Ave, Floor
New York, New York 10001
(212) 465-1000
KAUFMAN BORGEEST & RYAN LLP
Attorneys for Defendant(s)
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH
GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR
and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION,
1205 Franklin Avenue, 2nd Floor
Garden City, New York 11530
(516) 248-6000
Dated: New York, New York
April 7, 2023
SINEL & OLESEN, PLLC
By: Valerie Hernandez
Attorneys for Plaintif(s)
10*
330 7*Ave, Floor
New York, New York 10001
(212) 465-1000
TO: KAUFMAN BORGEEST & RYAN LLP
Attorneys for Defendant(s)
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH
GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR
and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION,
1205 Franklin Avenue, 2nd Floor
Garden City, New York 11530
(516) 248-6000
FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
____________________________________________________________________________x
JOSEPH CHAN as Administrator of the Estate
Index No.: 805145/2022
of YUK CHU CHAN and JOSEPH CHAN, Individually,
AFFIRMATION
Plaintif(s) '
OF SERVICE
- against -
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH
GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR
and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION,
Defendant(s).
___________________________________________________________________________Ç
I, Valerie Hernandez, an attorney duly admitted to practice law in the courts of the State of
New York, affirms the following under penalty of perjury:
I am not a party to the action, am over the age of 18 years and reside in New York County,
New York.
On April 7, 2023, I served the within NOTICE OF MEDICAL, DENTAL OR
PODIATRIC MALPRACTICE ACTION on the following parties via electronic filing through
the New York State Courts E-Filing system at their respective email address(es) provided for such
service:
KAUFMAN BORGEEST & RYAN LLP
1205 Franklin Avenue, 2nd Floor
Garden City, New York 11530
(516) 248-6000
Valerie Hernandez
FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023
Index No.: 805145/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH CHAN,
Individually,
Plaintiff(s),
- against -
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH
GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION,
Defendant(s).
NOTICE OF MEDICAL MALPRACTICE ACTION
SINEL & OLESEN, PLLC
Attorneys for Plaintiff(s)
7th 10th
330 Ave, El00f
New YOrk, New York 10001
(212) 465-1000
Signature (Pursuant to Rule 130-1.1a.)
Signer's Name: Valerie Hernandez
Dated: April 7, 2023
FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
________________________________________________________________Ç
JOSEPH CHAN as Administrator of the Estate
Index No.: 805145/2022
of YUK CHU CHAN and JOSEPH CHAN, Individually,
PLAINTIFF'S
Plaintiff(s)
COMBINED RESPONSE
- against - TO DEFENDANTS'
DEMANDS
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH
GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR
and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION,
Defendant(s).
_______________________________________________x
PLEASE TAKE NOTICE that Plaintiff, by their attorneys, SINEL & OLESEN, PLLC,
Defendants'
submits the following as and for their response to combined demands dated October 17,
2022.
PLAINTIFF'S RESPONSE TO DEMAND FOR COLLATERAL SOURCE
INFORMATION AND CPLR §4545 DEMAND:
Upon information and belief, the Plaintiff s decedent's medical expenses were paid for by
Medicare and/or Medicaid. Authorizations for Medicare and Medicaid are forthcoming under
separate cover.
PLAINTIFF'S RESPONSE TO DEMAND FOR EXPERT WITNESS INFORMATION:
Plaintiff will provide such information pursuant to CPLR Section 3101(d) and the controlling
case law thereunder.
PLAINTIFF'S RESPONSE TO NOTICE FOR DISCOVERY AND INSPECTION:
1. Plaintiff is not in possession of any writings and/or documents made by the
Defendants associated with this case other than what is contained in the records.
2. Plaintiff is not in possession of any written or verbal statements made by the
FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023
Defendants associated with this case other than what is contained in the records.
3. Plaintiff is not in possession of any x-rays, CAT scans, or other diagnostic films other
than what is contained in the medical records for which authorizations are enclosed
herein.
4. Plaintiff is not in possession of any journals, calendars, or diaries maintained by the
Plaintiff relative to the claims in this case.
5. Plaintiff is not in possession of any police, accident, or incident reports related to this
action.
6. Plaintiff is not presently claiming any special damages in this case except for funeral
expenses. The funeral bill is attached hereto.
7. Demands related to damaged property are not applicable to this case.
8. Proof of filing and service of the Summons and Complaint are a matter of public
record as the Summons and Complaint and the affidavit(s) or service has/have been
electronically filed via NYSCEF.
PLAINTIFF'S RESPONSE FOR PARTIES AND ATTORNEYS:
a) SINEL & OLESEN, PLLC, Attorneys for Plaintiff(s), JOSEPH CHAN as Administrator
of the Estate of YUK CHU CHAN and JOSEPH CHAN, Individually,
330 7th Avenue, 10th Floor, New York, New York 10001.
b) KAUFMAN BORGEEST & RYAN LLP, Attorneys for Defendant(s) NYC HEALTH
AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH
GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS.
2nd
CORPORATION, 1205 Franklin Avenue, PlOOr Garden City, New York 11530
PLAINTIFF'S RESPONSE TO DEMAND FOR INFORMATION OF WITNESSES:
FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023
Defendants'
The following individuals witnessed the negligence, medical malpractice, and
public health law violations:
a) JOSEPH CHAN;
Defendants'
b) Employees of facilities;
c) RNs/LPNs/CNAs who came into contact with YUK CHU CHAN.
PLAINTIFF'S RESPONSE TO DEMAND FOR AUTHORIZATIONS AND REPORTS:
The following duly executed, HIPAA-compliant authorizations are enclosed herein:
a) SOCIAL SECURITY ADMINISTRATION;
b) PARTNERS IN CARE;
c) VISITING NURSE SERVICES OF NEW YORK;
d) NEW YORK PRESBYTERIAN HOPSITAL;
e) NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR;
f) CENTURY PHARMACY;
g) ROGER CHUNG M.D; and
h) OFFICE OF THE CHIEF MEDICAL EXAMINER.
PLAINTIFF'S RESPONSE TO DEMAND FOR PHOTOGRAPHS AND VIDEOS:
Plaintiff is not in possession of any photographs or videos depicting the injuries sustained by
the Plaintiff's decedent at this time.
PLAINTIFF'S RESPONSE TO DEMAND FOR STATEMENTS:
Other than the statements contained in the relevant hospital and medical records, Plaintiff is
not in possession of any statements of Defendants, their agents, servants and/or employees at the
present time. Plaintiff reserves the right to supplement this response should any such statements
become available.
FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023
PLAINTIFF'S RESPONSE TO DEMAND FOR MEDICARE AND/OR MEDICAID LIEN
INFORMATION:
Please find lien information for both Medicare and Medicaid enclosed herein.
1. The Plaintiff's decedent's date of birth and Social Security Number are included on
the enclosed authorizations enabling Defendants to obtain records from the Social
Security Administration.
2. Upon information and belief, the address of the office responsible for handling the
decedent's Medicare/Medicaid file is located at:
Jacob K. Javits Federal Building
26 Federal Plaza, Room 3811
New York, New York 10278-0063
3. Plaintiff is not currently in possession of any documents regarding the PlaintifFs
decedent's Medicare, Medicaid, or Public Assistance benefits.
4. Authorizations enabling Defendants to obtain records from Medicare and Medicaid
will be provided under separate cover. An authorization for the Social Security
Administration is enclosed herein.
Plaintiff reserves the right to amend or supplement the foregoing up to and including the
time of trial.
PLAINTIFF'S RESPONSE TO DEMAND FOR DISCOVERY AND INSPECTION OF
DEFENDANTS'
RECORDS:
1. Other than the information and notes contained within the relevant nursing home,
hospital, and medical records, Plaintiff is not in possession of any writings and/or documents made
by the Defendants, their agents, servants, and/or employees at the present time.
2. Other than the statements contained in the relevant nursing home records, hospital,
FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023
and medical records, Plaintiff is not in possession of any statements of Defendants, their agents,
servants, and/or employees at the present time. Plaintiff reserves the right to supplement this
response should any such statements become available.
PLAINTIFF'S RESPONSE TO NOTICE FOR DISCOVERY AND INSPECTION OF
EMPLOYMENT RECORDS AND INCOME TAX RETURNS:
Plaintiffis not making a claim as to lost earnings at this time. Upon information and belief,
the Plaintiff's decedent was not employed five years prior to the negligence, medical malpractice,
and public health law violations claimed herein.
PLAINTIFF'S RESPONSE TO DEMAND FOR BILLS
Plaintiffis not making a claim as to special damages except for $17,689.00 incurred in funeral
expenses. A copy of the funeral bill is attached hereto.
PLAINTIFF'S RESPONSE TO DEMAND FOR WORKER'S NO-
COMPENSATION,
FAULT AND/OR DISABILITY INFORMATION:
Upon information and belief, the Plaintiff's decedent did not receive worker's
compensation, no-fault benefits, or disability.
PLAINTIFF'S RESPONSE TO DEMAND FOR COMMUNICATIONS
Plaintiff is not in possession of any writings and/or documents made by the Defendants
associated with this case other than what is contained in the records.
PLAINTIFF'S RESPONSE TO DEMAND FOR INDEX NUMBER AND
AFFIDAVIT OF SERVICE
Plaintiff objects to provide the receipt of the index number and proofs of service as
unduly burdensome and improper.
FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023
PLAINTIFF'S RESPONSE TO DEMAND FOR ELECTRONIC DISCOVERY AND
SOCIAL MEDIA DEMAND AND LITIGATION HOLD:
Plaintiff objects to these demands upon the grounds that these demands are palpably
improper, vague, overbroad, unduly burdensome, irrelevant, seek information which is privileged
in nature and not calculated to lead to the discovery of admissible evidence, and as such are
improper under Article 31 of the CPLR. Notwithstanding Plaintiff's objections, and without
prejudice, upon information and belief, Plaintiff is not presently aware of any materials which are
responsive to these demands.
PLAINTIFF'S RESPONSE TO DEMAND FOR DAMAGES AND AD DAMNUM:
Plaintiff will respond to this demand under a separate cover.
PLAINTIFF'S RESPONSE TO DEMAND FOR ESTATE INFORMATION (LETTERS
OF ADMINISTRATION, DEATH CERTIFICATE, AUTOPSY REPORT AND/OR
LETTERS TESTAMENTARY):
Upon information and belief, an autopsy was not performed on the Plaintiff's decedent.
Furthermore, enclosed herein, please find the following documents pertaining to the Plaintiff's
decedent's estate in Plaintiff's possession:
1. Letters of Administration;
2. Death Certificate; and
3. Funeral Bill.
Plaintiff reserves the right to amend or supplement the foregoing up to and including the
time of trial.
Dated: New York, New York
April 7, 2023
FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023
SINEL & OLESEN, PLLC
y: Valerie Hernandez
Attorneys for Plaintiff(s)
7th 10th
330 Ave, F1OOr
New York, New YOrk 10001
(212) 465-1000
TO: KAUFMAN BORGEEST & RYAN LLP
Attorneys for Defendant(s)
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH
GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR
and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION,
2nd
1205 Franklin Avenue, FlOOr
Garden City, New York 11530
(516) 248-6000
FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
____________________________________________________________________________Ç
JOSEPH CHAN as Administrator of the Estate
Index No.: 805145/2022
of YUK CHU CHAN and JOSEPH CHAN, Individually,
AFFIRMATION
Plaintif(s), OF SERVICE
- against -
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH
GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR
and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION,
Defendant(s).
___________________________________________________________________________Ç
I, Valerie Hernandez, an attorney duly admitted to practice law in the courts of the State of
New York, affirms the following under penalty of perjury:
I am not a party to the action, am over the age of 18 years and reside in New York County,
New York.
On April 7, 2023, I served the within COMBINED RESPONSE TO DEFENDANTS'
DEMANDS by depositing a true copy thereof with an official post office box in New York, New
York, addressed to each of the following persons at the last known address set forth after each name:
KAUFMAN BORGEEST & RYAN LLP
1205 Franklin Avenue, 2nd Floor
Garden City, New York 11530
(516) 248-6000
Valerie Hernandez
FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023
Index No.: 805145/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH CHAN,
Individually,
Plaintiff(s),
- against -
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH
GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION,
Preview
FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023 Exhibit A FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023 NOTICE OF MEDICAL, DENTAL OR PODIATRIC MALPRACTICE ACTION Index No.: 805145/2022 Malpractice Calendar # (if any) Reserved for Clerk's use: Name of Judge assigned SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ___________________________________________________________________________x JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH CHAN, Individually, Plaintiff(s), - against - NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendant(s). --_________________________________________________________________________x PLEASE TAKE NOTICE that the above action for medical, dental, or podiatric malpractice was commenced by service of summons on July 22, 2022; that issue was joined therein October 17, 2022; and that the action has not been dismissed, settled, or otherwise terminated. 1. Full name, address, and age of each Plaintiff: JOSEPH CHAN 49 Clive Hills Road Edison, NJ 08820 2. Full name and address of each Defendant: NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR 227 Madison Street Manhattan, NY 10002 FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023 GOTHAM HEALTH GOUVERNEUR 227 Madison St, Manhattan, NY 10002 NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, 50 WaterSt. New York, NY 10004 3. Alleged Medical Specialty: Defendant NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR is a nursing home facility. Defendant GOTHAM HEALTH GOUVERNEUR is a nursing home facility. 4. Claim is for: X Medical malpractice _ Dental malpractice ____ Podiatric malpractice 5. Date and Place Claim Arose: From on or about September 30, 2020 through on or about February 3, 2021 while Plaintiff's decedent was under the care of defendant NYC Health And Hospitals/Gotham Health Gouverneur, Gotham Health Gouverneur And New York City Health And Hospitals Corporation. 6. Substance of Claim: Pain and suffering and wrongful death, resulting from the development and deterioration of Defendants' multiple pressure ulcers and infection due to the negligence, medical malpractice, while the Plaintiff s decedent was under the Defendant's care and treatment. 7. Following items must be checked: a) 1Proof is attached that authorizations to obtain medical, dental, podiatric and hospital records have been served upon the Defendant(s) in the action, or _ demands have not been made for such authorizations. b) 1 Copies of the summons, notice of appearance, all pleadings, certificate of merit, if required, and the bill of particulars, if served, are attached. c) ___ A copy of any demand for arbitration, election of arbitration or concession of liability is attached, or 1 demand has not been made for arbitration. d) ___ All information required by CPLR 3101(d)(1)(i) is attached, or ___ a request for such information has not been made, or 1 such information is not available. FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023 8. Names, addresses and telephone numbers of counsel for all parties: SINEL & OLESEN, PLLC Attorneys for Plaintif(s) JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH CHAN, Individually, 10* 330 7*Ave, Floor New York, New York 10001 (212) 465-1000 KAUFMAN BORGEEST & RYAN LLP Attorneys for Defendant(s) NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, 1205 Franklin Avenue, 2nd Floor Garden City, New York 11530 (516) 248-6000 Dated: New York, New York April 7, 2023 SINEL & OLESEN, PLLC By: Valerie Hernandez Attorneys for Plaintif(s) 10* 330 7*Ave, Floor New York, New York 10001 (212) 465-1000 TO: KAUFMAN BORGEEST & RYAN LLP Attorneys for Defendant(s) NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, 1205 Franklin Avenue, 2nd Floor Garden City, New York 11530 (516) 248-6000 FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ____________________________________________________________________________x JOSEPH CHAN as Administrator of the Estate Index No.: 805145/2022 of YUK CHU CHAN and JOSEPH CHAN, Individually, AFFIRMATION Plaintif(s) ' OF SERVICE - against - NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendant(s). ___________________________________________________________________________Ç I, Valerie Hernandez, an attorney duly admitted to practice law in the courts of the State of New York, affirms the following under penalty of perjury: I am not a party to the action, am over the age of 18 years and reside in New York County, New York. On April 7, 2023, I served the within NOTICE OF MEDICAL, DENTAL OR PODIATRIC MALPRACTICE ACTION on the following parties via electronic filing through the New York State Courts E-Filing system at their respective email address(es) provided for such service: KAUFMAN BORGEEST & RYAN LLP 1205 Franklin Avenue, 2nd Floor Garden City, New York 11530 (516) 248-6000 Valerie Hernandez FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023 Index No.: 805145/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH CHAN, Individually, Plaintiff(s), - against - NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendant(s). NOTICE OF MEDICAL MALPRACTICE ACTION SINEL & OLESEN, PLLC Attorneys for Plaintiff(s) 7th 10th 330 Ave, El00f New YOrk, New York 10001 (212) 465-1000 Signature (Pursuant to Rule 130-1.1a.) Signer's Name: Valerie Hernandez Dated: April 7, 2023 FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ________________________________________________________________Ç JOSEPH CHAN as Administrator of the Estate Index No.: 805145/2022 of YUK CHU CHAN and JOSEPH CHAN, Individually, PLAINTIFF'S Plaintiff(s) COMBINED RESPONSE - against - TO DEFENDANTS' DEMANDS NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendant(s). _______________________________________________x PLEASE TAKE NOTICE that Plaintiff, by their attorneys, SINEL & OLESEN, PLLC, Defendants' submits the following as and for their response to combined demands dated October 17, 2022. PLAINTIFF'S RESPONSE TO DEMAND FOR COLLATERAL SOURCE INFORMATION AND CPLR §4545 DEMAND: Upon information and belief, the Plaintiff s decedent's medical expenses were paid for by Medicare and/or Medicaid. Authorizations for Medicare and Medicaid are forthcoming under separate cover. PLAINTIFF'S RESPONSE TO DEMAND FOR EXPERT WITNESS INFORMATION: Plaintiff will provide such information pursuant to CPLR Section 3101(d) and the controlling case law thereunder. PLAINTIFF'S RESPONSE TO NOTICE FOR DISCOVERY AND INSPECTION: 1. Plaintiff is not in possession of any writings and/or documents made by the Defendants associated with this case other than what is contained in the records. 2. Plaintiff is not in possession of any written or verbal statements made by the FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023 Defendants associated with this case other than what is contained in the records. 3. Plaintiff is not in possession of any x-rays, CAT scans, or other diagnostic films other than what is contained in the medical records for which authorizations are enclosed herein. 4. Plaintiff is not in possession of any journals, calendars, or diaries maintained by the Plaintiff relative to the claims in this case. 5. Plaintiff is not in possession of any police, accident, or incident reports related to this action. 6. Plaintiff is not presently claiming any special damages in this case except for funeral expenses. The funeral bill is attached hereto. 7. Demands related to damaged property are not applicable to this case. 8. Proof of filing and service of the Summons and Complaint are a matter of public record as the Summons and Complaint and the affidavit(s) or service has/have been electronically filed via NYSCEF. PLAINTIFF'S RESPONSE FOR PARTIES AND ATTORNEYS: a) SINEL & OLESEN, PLLC, Attorneys for Plaintiff(s), JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH CHAN, Individually, 330 7th Avenue, 10th Floor, New York, New York 10001. b) KAUFMAN BORGEEST & RYAN LLP, Attorneys for Defendant(s) NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS. 2nd CORPORATION, 1205 Franklin Avenue, PlOOr Garden City, New York 11530 PLAINTIFF'S RESPONSE TO DEMAND FOR INFORMATION OF WITNESSES: FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023 Defendants' The following individuals witnessed the negligence, medical malpractice, and public health law violations: a) JOSEPH CHAN; Defendants' b) Employees of facilities; c) RNs/LPNs/CNAs who came into contact with YUK CHU CHAN. PLAINTIFF'S RESPONSE TO DEMAND FOR AUTHORIZATIONS AND REPORTS: The following duly executed, HIPAA-compliant authorizations are enclosed herein: a) SOCIAL SECURITY ADMINISTRATION; b) PARTNERS IN CARE; c) VISITING NURSE SERVICES OF NEW YORK; d) NEW YORK PRESBYTERIAN HOPSITAL; e) NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR; f) CENTURY PHARMACY; g) ROGER CHUNG M.D; and h) OFFICE OF THE CHIEF MEDICAL EXAMINER. PLAINTIFF'S RESPONSE TO DEMAND FOR PHOTOGRAPHS AND VIDEOS: Plaintiff is not in possession of any photographs or videos depicting the injuries sustained by the Plaintiff's decedent at this time. PLAINTIFF'S RESPONSE TO DEMAND FOR STATEMENTS: Other than the statements contained in the relevant hospital and medical records, Plaintiff is not in possession of any statements of Defendants, their agents, servants and/or employees at the present time. Plaintiff reserves the right to supplement this response should any such statements become available. FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023 PLAINTIFF'S RESPONSE TO DEMAND FOR MEDICARE AND/OR MEDICAID LIEN INFORMATION: Please find lien information for both Medicare and Medicaid enclosed herein. 1. The Plaintiff's decedent's date of birth and Social Security Number are included on the enclosed authorizations enabling Defendants to obtain records from the Social Security Administration. 2. Upon information and belief, the address of the office responsible for handling the decedent's Medicare/Medicaid file is located at: Jacob K. Javits Federal Building 26 Federal Plaza, Room 3811 New York, New York 10278-0063 3. Plaintiff is not currently in possession of any documents regarding the PlaintifFs decedent's Medicare, Medicaid, or Public Assistance benefits. 4. Authorizations enabling Defendants to obtain records from Medicare and Medicaid will be provided under separate cover. An authorization for the Social Security Administration is enclosed herein. Plaintiff reserves the right to amend or supplement the foregoing up to and including the time of trial. PLAINTIFF'S RESPONSE TO DEMAND FOR DISCOVERY AND INSPECTION OF DEFENDANTS' RECORDS: 1. Other than the information and notes contained within the relevant nursing home, hospital, and medical records, Plaintiff is not in possession of any writings and/or documents made by the Defendants, their agents, servants, and/or employees at the present time. 2. Other than the statements contained in the relevant nursing home records, hospital, FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023 and medical records, Plaintiff is not in possession of any statements of Defendants, their agents, servants, and/or employees at the present time. Plaintiff reserves the right to supplement this response should any such statements become available. PLAINTIFF'S RESPONSE TO NOTICE FOR DISCOVERY AND INSPECTION OF EMPLOYMENT RECORDS AND INCOME TAX RETURNS: Plaintiffis not making a claim as to lost earnings at this time. Upon information and belief, the Plaintiff's decedent was not employed five years prior to the negligence, medical malpractice, and public health law violations claimed herein. PLAINTIFF'S RESPONSE TO DEMAND FOR BILLS Plaintiffis not making a claim as to special damages except for $17,689.00 incurred in funeral expenses. A copy of the funeral bill is attached hereto. PLAINTIFF'S RESPONSE TO DEMAND FOR WORKER'S NO- COMPENSATION, FAULT AND/OR DISABILITY INFORMATION: Upon information and belief, the Plaintiff's decedent did not receive worker's compensation, no-fault benefits, or disability. PLAINTIFF'S RESPONSE TO DEMAND FOR COMMUNICATIONS Plaintiff is not in possession of any writings and/or documents made by the Defendants associated with this case other than what is contained in the records. PLAINTIFF'S RESPONSE TO DEMAND FOR INDEX NUMBER AND AFFIDAVIT OF SERVICE Plaintiff objects to provide the receipt of the index number and proofs of service as unduly burdensome and improper. FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023 PLAINTIFF'S RESPONSE TO DEMAND FOR ELECTRONIC DISCOVERY AND SOCIAL MEDIA DEMAND AND LITIGATION HOLD: Plaintiff objects to these demands upon the grounds that these demands are palpably improper, vague, overbroad, unduly burdensome, irrelevant, seek information which is privileged in nature and not calculated to lead to the discovery of admissible evidence, and as such are improper under Article 31 of the CPLR. Notwithstanding Plaintiff's objections, and without prejudice, upon information and belief, Plaintiff is not presently aware of any materials which are responsive to these demands. PLAINTIFF'S RESPONSE TO DEMAND FOR DAMAGES AND AD DAMNUM: Plaintiff will respond to this demand under a separate cover. PLAINTIFF'S RESPONSE TO DEMAND FOR ESTATE INFORMATION (LETTERS OF ADMINISTRATION, DEATH CERTIFICATE, AUTOPSY REPORT AND/OR LETTERS TESTAMENTARY): Upon information and belief, an autopsy was not performed on the Plaintiff's decedent. Furthermore, enclosed herein, please find the following documents pertaining to the Plaintiff's decedent's estate in Plaintiff's possession: 1. Letters of Administration; 2. Death Certificate; and 3. Funeral Bill. Plaintiff reserves the right to amend or supplement the foregoing up to and including the time of trial. Dated: New York, New York April 7, 2023 FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023 SINEL & OLESEN, PLLC y: Valerie Hernandez Attorneys for Plaintiff(s) 7th 10th 330 Ave, F1OOr New York, New YOrk 10001 (212) 465-1000 TO: KAUFMAN BORGEEST & RYAN LLP Attorneys for Defendant(s) NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, 2nd 1205 Franklin Avenue, FlOOr Garden City, New York 11530 (516) 248-6000 FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ____________________________________________________________________________Ç JOSEPH CHAN as Administrator of the Estate Index No.: 805145/2022 of YUK CHU CHAN and JOSEPH CHAN, Individually, AFFIRMATION Plaintif(s), OF SERVICE - against - NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendant(s). ___________________________________________________________________________Ç I, Valerie Hernandez, an attorney duly admitted to practice law in the courts of the State of New York, affirms the following under penalty of perjury: I am not a party to the action, am over the age of 18 years and reside in New York County, New York. On April 7, 2023, I served the within COMBINED RESPONSE TO DEFENDANTS' DEMANDS by depositing a true copy thereof with an official post office box in New York, New York, addressed to each of the following persons at the last known address set forth after each name: KAUFMAN BORGEEST & RYAN LLP 1205 Franklin Avenue, 2nd Floor Garden City, New York 11530 (516) 248-6000 Valerie Hernandez FILED: NEW YORK COUNTY CLERK 04/07/2023 10:57 AM INDEX NO. 805145/2022 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/07/2023 Index No.: 805145/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH CHAN, Individually, Plaintiff(s), - against - NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION,