Preview
FILED: WESTCHESTER COUNTY CLERK 09/01/2023 10:24 AM INDEX NO. 63678/2023
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/01/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
Index No. 63678/2023
DORINDA SYLVESTER,
Plaintiff, VERIFIED ANSWER TO
VERIFIED COMPLAINT
-vs-
JENNIFER CHOE, D.D.S,
JENNIFER CHOE, DDS P.C.,
JOHN G. HABIB DENTAL, P.C. and
YONKERS DENTAL GROUP, P.C.
Defendant(s).
Defendants, Jennifer Choe, D.D.S. and Jennifer Choe, DDS P.C., by and through their
attorneys, BENNETT, BRICKLIN & SALTZBURG, by way of Answer to the plaintiff’s Verified
Complaint, respectfully alleges upon information and belief:
ANSWERING THE FIRST CAUSE OF ACTION
1. Defendants admit paragraphs 1, 2, 10, 11, 12, 16, 17, 18, and 21of the First Cause of
Action of the plaintiff's Complaint.
2. Defendants lack knowledge and information sufficient to form a belief as to the truth
of paragraphs 3, 4, 5 and 6 of the First Cause of Action of plaintiff's Complaint and leaves plaintiff
to their proofs.
3. Defendants deny paragraphs 7, 8, 9, 22, 23, and 24 of the First Cause of Action of
plaintiff's Complaint.
4. Defendants admit paragraph 13, 14, 15, 19 and 20 only to the extent that it is alleged
that plaintiff came under the care and treatment of these defendants and denies the balance.
5. Defendants admit paragraphs 15 only to the extent it alleges plaintiff was a patient
of defendant Jennifer Choe, DDS, and denies the balance.
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FILED: WESTCHESTER COUNTY CLERK 09/01/2023 10:24 AM INDEX NO. 63678/2023
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/01/2023
ANSWERING THE SECOND CAUSE OF ACTION
6. Defendants repeat and reiterate their responses to all previous allegations as if set
forth at length herein.
7. Defendants admit paragraph 26 of the Second Cause of Action of the plaintiff's
Complaint only as to these defendants and deny the balance.
8. Defendants deny paragraphs 27, 28, 29, 30 and 31 of the Second Cause of Action of
the plaintiff's Complaint.
FIRST AFFIRMATIVE DEFENSE
That if plaintiff sustained the injuries and damages alleged in the complaint, same were
wholly or in part caused by the culpable conduct of plaintiff and defendants are entitled to
judgment dismissing the complaint herein or in the alternative, Defendants is entitled to judgment
assessing and fixing the culpable conduct of plaintiff contributing to said injuries and damages.
SECOND AFFIRMATIVE DEFENSE
The incident which forms the basis of this litigation and which allegedly caused injuries and
damages to the claimant was proximately caused or contributed to by the fault of third persons not
parties to this litigation. The responsibility of the party filing this answer and the right of the
claimant to recover in this litigation can only be determined after the percentages of responsibility
of all parties to the incident are determined whether or not they are parties of this litigation.
Accordingly, this party seeks an adjudication of the percentage of fault of the claimant and each
and every person whose fault contributed to the incident.
THIRD AFFIRMATIVE DEFENSE
Defendants deny liability, however, insofar as any collateral source payment may be made
to plaintiffs, defendant are entitled to the benefits of CPLR §4545 with reference to such payments.
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FILED: WESTCHESTER COUNTY CLERK 09/01/2023 10:24 AM INDEX NO. 63678/2023
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/01/2023
FOURTH AFFIRMATIVE DEFENSE
Defendants deny liability but assert that should any liability be established, plaintiff’s
damages shall be diminished in accordance with the provisions of CPLR §1411, 1412, and 1413.
FIFTH AFFIRMATIVE DEFENSE
Defendants deny liability but if defendants are found to be liable, defendants assert they are
entitled to the provision of limited liability and joint liability as set forth in CPLR §1600, 1601.
SIXTH AFFIRMATIVE DEFENSE
This matter is barred by the Statue of Limitations and defendants reserves the right to dismiss.
SEVENTH AFFIRMATIVE DEFENSE
Defendants did not deviate from any professional standard of care and reserve the right to
dismiss.
EIGHTH AFFIRMATIVE DEFENSE
Defendants exercised proper professional judgment and care of the plaintiff and reserve the
right to dismiss.
WHEREFORE, defendants demand judgment dismissing the Complaint herein as to said
defendants, or diminishing the damages recoverable by plaintiff herein in proportion with the culpable
conduct contributed by plaintiff, together with the costs and disbursements of this action, and further
demand that, in the event the answering defendants are found liable to the plaintiff herein, said
answering defendants, on the basis of apportionment of responsibility, have judgment over and against
the aforementioned defendants for all or part of any verdict or judgment that plaintiffs may recover
against said answering defendants, together with costs and disbursements of this action, and for any
expenses incurred in the defense thereof, including attorney's fees.
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FILED: WESTCHESTER COUNTY CLERK 09/01/2023 10:24 AM INDEX NO. 63678/2023
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/01/2023
Dated: September 1, 2023 BENNETT, BRICKLIN & SALTZBURG, LLC
By: ____s/Joseph DeDonato________________
Joseph DeDonato, Esq.
40 Wall Street, Suite 1002
New York, NY 10005
Phone: (212) 776-4925/Fax: (212) 269-2160
Direct: (973) 888-2074
Email: Joseph.DeDonato@bbs-law.com
Attorneys for Defendants, Jennifer Choe, DDS
and Jennifer Choe, DDS PC
File No. 4868-127441
TO:
Jeffrey M. Rich, Esq.
RICH & RICH, P.C.
277 Willis Avenue
Roslyn Heights, NY 11577
Phone: (212) 406-0440
Email: jeff@richrich.com
Attorneys for Plaintiff, Dorinda Sylvester
Brian P. Heermance, Esq.
Joseph Karlya, Esq.
MORRISON MAHONEY, LLP
88 Pine Street, Suite 1900
New York, NY 10005
Phone: (212) 825-1212
Email: bheermance@morrisonmahoney.com; jkarlya@morrismahoney.com
Attorneys for Defendant, Yonkers Dental Group, P.C.
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NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/01/2023
VERIFICATION
I, Jennifer Choe, DDS, hereby verify:
1. I am a defendant in this action.
2. I have read the Verified Answer and the contents are true to the best of my knowledge,
information and belief.
DATED:
Jennifer Choe, DDS, Individually and on
Behalf of Jennifer Choe, DDS PC
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NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/01/2023
AFFIRMATION OF SERVICE
I, JOSEPH DeDONATO, ESQ., an attorney duly admitted to the Courts of the State of New
York, hereby affirm the following under penalties of perjury.
That on September 1, 2023, I caused the annexed VERIFIED ANSWER TO VERIFIED
COMPLAINT to be electronically filed with the Clerk of the Court and thereby served upon the
following individual(s) via ECF:
Jeffrey M. Rich, Esq.
RICH & RICH, P.C.
277 Willis Avenue
Roslyn Heights, NY 11577
Phone: (212) 406-0440
Email: jeff@richrich.com
Attorneys for Plaintiff, Dorinda Sylvester
Brian P. Heermance, Esq.
Joseph Karlya, Esq.
MORRISON MAHONEY, LLP
88 Pine Street, Suite 1900
New York, NY 10005
Phone: (212) 825-1212
Email: bheermance@morrisonmahoney.com; jkarlya@morrismahoney.com
Attorneys for Defendant, Yonkers Dental Group, P.C.
s/Joseph DeDonato
JOSEPH DeDONATO, ESQ.
Affirmed this 1st day
of September, 2023
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Preview
FILED: WESTCHESTER COUNTY CLERK 09/01/2023 10:24 AM INDEX NO. 63678/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER Index No. 63678/2023 DORINDA SYLVESTER, Plaintiff, VERIFIED ANSWER TO VERIFIED COMPLAINT -vs- JENNIFER CHOE, D.D.S, JENNIFER CHOE, DDS P.C., JOHN G. HABIB DENTAL, P.C. and YONKERS DENTAL GROUP, P.C. Defendant(s). Defendants, Jennifer Choe, D.D.S. and Jennifer Choe, DDS P.C., by and through their attorneys, BENNETT, BRICKLIN & SALTZBURG, by way of Answer to the plaintiff’s Verified Complaint, respectfully alleges upon information and belief: ANSWERING THE FIRST CAUSE OF ACTION 1. Defendants admit paragraphs 1, 2, 10, 11, 12, 16, 17, 18, and 21of the First Cause of Action of the plaintiff's Complaint. 2. Defendants lack knowledge and information sufficient to form a belief as to the truth of paragraphs 3, 4, 5 and 6 of the First Cause of Action of plaintiff's Complaint and leaves plaintiff to their proofs. 3. Defendants deny paragraphs 7, 8, 9, 22, 23, and 24 of the First Cause of Action of plaintiff's Complaint. 4. Defendants admit paragraph 13, 14, 15, 19 and 20 only to the extent that it is alleged that plaintiff came under the care and treatment of these defendants and denies the balance. 5. Defendants admit paragraphs 15 only to the extent it alleges plaintiff was a patient of defendant Jennifer Choe, DDS, and denies the balance. 1 of 6 FILED: WESTCHESTER COUNTY CLERK 09/01/2023 10:24 AM INDEX NO. 63678/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/01/2023 ANSWERING THE SECOND CAUSE OF ACTION 6. Defendants repeat and reiterate their responses to all previous allegations as if set forth at length herein. 7. Defendants admit paragraph 26 of the Second Cause of Action of the plaintiff's Complaint only as to these defendants and deny the balance. 8. Defendants deny paragraphs 27, 28, 29, 30 and 31 of the Second Cause of Action of the plaintiff's Complaint. FIRST AFFIRMATIVE DEFENSE That if plaintiff sustained the injuries and damages alleged in the complaint, same were wholly or in part caused by the culpable conduct of plaintiff and defendants are entitled to judgment dismissing the complaint herein or in the alternative, Defendants is entitled to judgment assessing and fixing the culpable conduct of plaintiff contributing to said injuries and damages. SECOND AFFIRMATIVE DEFENSE The incident which forms the basis of this litigation and which allegedly caused injuries and damages to the claimant was proximately caused or contributed to by the fault of third persons not parties to this litigation. The responsibility of the party filing this answer and the right of the claimant to recover in this litigation can only be determined after the percentages of responsibility of all parties to the incident are determined whether or not they are parties of this litigation. Accordingly, this party seeks an adjudication of the percentage of fault of the claimant and each and every person whose fault contributed to the incident. THIRD AFFIRMATIVE DEFENSE Defendants deny liability, however, insofar as any collateral source payment may be made to plaintiffs, defendant are entitled to the benefits of CPLR §4545 with reference to such payments. 2 2 of 6 FILED: WESTCHESTER COUNTY CLERK 09/01/2023 10:24 AM INDEX NO. 63678/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/01/2023 FOURTH AFFIRMATIVE DEFENSE Defendants deny liability but assert that should any liability be established, plaintiff’s damages shall be diminished in accordance with the provisions of CPLR §1411, 1412, and 1413. FIFTH AFFIRMATIVE DEFENSE Defendants deny liability but if defendants are found to be liable, defendants assert they are entitled to the provision of limited liability and joint liability as set forth in CPLR §1600, 1601. SIXTH AFFIRMATIVE DEFENSE This matter is barred by the Statue of Limitations and defendants reserves the right to dismiss. SEVENTH AFFIRMATIVE DEFENSE Defendants did not deviate from any professional standard of care and reserve the right to dismiss. EIGHTH AFFIRMATIVE DEFENSE Defendants exercised proper professional judgment and care of the plaintiff and reserve the right to dismiss. WHEREFORE, defendants demand judgment dismissing the Complaint herein as to said defendants, or diminishing the damages recoverable by plaintiff herein in proportion with the culpable conduct contributed by plaintiff, together with the costs and disbursements of this action, and further demand that, in the event the answering defendants are found liable to the plaintiff herein, said answering defendants, on the basis of apportionment of responsibility, have judgment over and against the aforementioned defendants for all or part of any verdict or judgment that plaintiffs may recover against said answering defendants, together with costs and disbursements of this action, and for any expenses incurred in the defense thereof, including attorney's fees. 3 3 of 6 FILED: WESTCHESTER COUNTY CLERK 09/01/2023 10:24 AM INDEX NO. 63678/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/01/2023 Dated: September 1, 2023 BENNETT, BRICKLIN & SALTZBURG, LLC By: ____s/Joseph DeDonato________________ Joseph DeDonato, Esq. 40 Wall Street, Suite 1002 New York, NY 10005 Phone: (212) 776-4925/Fax: (212) 269-2160 Direct: (973) 888-2074 Email: Joseph.DeDonato@bbs-law.com Attorneys for Defendants, Jennifer Choe, DDS and Jennifer Choe, DDS PC File No. 4868-127441 TO: Jeffrey M. Rich, Esq. RICH & RICH, P.C. 277 Willis Avenue Roslyn Heights, NY 11577 Phone: (212) 406-0440 Email: jeff@richrich.com Attorneys for Plaintiff, Dorinda Sylvester Brian P. Heermance, Esq. Joseph Karlya, Esq. MORRISON MAHONEY, LLP 88 Pine Street, Suite 1900 New York, NY 10005 Phone: (212) 825-1212 Email: bheermance@morrisonmahoney.com; jkarlya@morrismahoney.com Attorneys for Defendant, Yonkers Dental Group, P.C. 4 4 of 6 FILED: WESTCHESTER COUNTY CLERK 09/01/2023 10:24 AM INDEX NO. 63678/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/01/2023 VERIFICATION I, Jennifer Choe, DDS, hereby verify: 1. I am a defendant in this action. 2. I have read the Verified Answer and the contents are true to the best of my knowledge, information and belief. DATED: Jennifer Choe, DDS, Individually and on Behalf of Jennifer Choe, DDS PC 5 5 of 6 FILED: WESTCHESTER COUNTY CLERK 09/01/2023 10:24 AM INDEX NO. 63678/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/01/2023 AFFIRMATION OF SERVICE I, JOSEPH DeDONATO, ESQ., an attorney duly admitted to the Courts of the State of New York, hereby affirm the following under penalties of perjury. That on September 1, 2023, I caused the annexed VERIFIED ANSWER TO VERIFIED COMPLAINT to be electronically filed with the Clerk of the Court and thereby served upon the following individual(s) via ECF: Jeffrey M. Rich, Esq. RICH & RICH, P.C. 277 Willis Avenue Roslyn Heights, NY 11577 Phone: (212) 406-0440 Email: jeff@richrich.com Attorneys for Plaintiff, Dorinda Sylvester Brian P. Heermance, Esq. Joseph Karlya, Esq. MORRISON MAHONEY, LLP 88 Pine Street, Suite 1900 New York, NY 10005 Phone: (212) 825-1212 Email: bheermance@morrisonmahoney.com; jkarlya@morrismahoney.com Attorneys for Defendant, Yonkers Dental Group, P.C. s/Joseph DeDonato JOSEPH DeDONATO, ESQ. Affirmed this 1st day of September, 2023 6 6 of 6