Preview
FILED: BRONX COUNTY CLERK 07/08/2021
12/31/2020 04:53
02:41 PM INDEX NO. 35912/2020E
NYSCEF DOC. NO. 5
1 RECEIVED NYSCEF: 07/08/2021
12/31/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
-----------------------------------------------------------------------x
JANET KELLY, deceased, by JAMES KELLY, Index No.:
As proposed Executor of her Estate,
SUMMONS
Plaintiffs, Plaintiff designates
-against- Bronx as the place for
trial
SENIORCARE EMERGENCY MEDICAL SERVICES, Basis of venue is the
Principal place of business
Defendant. Of defendant
------------------------------------------------------------------------x
TO THE ABOVE NAMED DEFENDANT
You are hereby summoned to answer the complaint in this action and to serve a copy of
your answer, or if the complaint is not served with this summons, to serve a notice of appearance
on the Plaintiff’s Attorney within 20 days after the service of this summons exclusive of the day
of service (or within 30 days after the service is complete if this summons is not personally
delivered to you within the State of New York); and in the case of your failure to appear of
answer, judgment will be taken against you by default for the relief demanded herein.
Dated: Woodbury, New York
December 31, 2020
Yours, etc.,
Carolyn M. Caccese
__________________________
Carolyn M. Caccese
SALENGER, SACK, KIMMEL
& BAVARO, LLP
Attorney for Plaintiffs
180 Froehlich Farm Boulevard
Woodbury, New York 11797
(516) 677-0100
To:
SeniorCare Emergency Medical Services, 700 Havemeyer Avenue, Bronx NY 10473
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
-----------------------------------------------------------------------X
JANET KELLY, deceased, by JAMES KELLY, Index No.:
As proposed Executor of the Estate,
VERIFIED
COMPLAINT
Plaintiffs,
-against-
SENIORCARE EMERGENCY MEDICAL SERVICES,
Defendant.
------------------------------------------------------------------------X
Plaintiffs, complaining of the defendant, by their attorney SALENGER, SACK,
KIMMEL & BAVARO, LLP, respectfully show to the Court and allege as follows:
FIRST CAUSE OF ACTION: MALPRACTICE
1. This is an action brought by the plaintiff JAMES KELLY, in his capacity as the Proposed
Executor of the Estate of JANET KELLY, for medical malpractice, negligence, negligent
hiring and wrongful death of JANEY KELLY.
2. At all times hereinafter mentioned, plaintiff JANET KELLY was resident of the County
of Queens, State of New York.
3. At all times hereinafter mentioned, plaintiff JAMES KELLY was and still is a resident of
the County of Queens, State of New York.
4. That at all times hereinafter mentioned, defendant SENIORCARE EMERGENCY
MEDICAL SERVICES was a domestic corporation, duly organized and existing under
and by virtue of the laws of the State of New York.
2 of 10
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5. That at all times hereinafter mentioned, defendant SENIORCARE EMERGENCY
MEDICAL SERVICES was a professional corporation, duly organized and existing
under and by the virtue of the laws of the State of New York.
6. That at all times hereinafter mentioned, defendant SENIORCARE EMERGENCY
MEDICAL SERVICES was a limited liability partnership, duly organized and existing
under and by virtue of the laws of the State of New York.
7. That at all times hereinafter mentioned, defendant SENIORCARE EMERGENCY
MEDICAL SERVICES was an ambulance service duly organized and existing under and
by virtue of the laws of the state of New York.
8. At all times relevant, defendant SENIORCARE EMERGENCY MEDICAL SERVICES
owned a facility located at 700 Havemeyer Avenue, Bronx NY 10473.
9. At all times relevant, defendant SENIORCARE EMERGENCY MEDICAL SERVICES
operated an ambulance service.
10. At all times relevant, defendant SENIORCARE EMERGENCY MEDICAL SERVICES
operated an ambulance services for the purposes of transporting critically ill patients.
11. At all times relevant, defendant SENIORCARE EMERGENCY MEDICAL SERVICES
staffed its ambulance services for the purpose of providing transport.
12. That at all times hereinafter mentioned, defendant SENIORCARE EMERGENCY
MEDICAL SERVICES hired emergency medical technicians and other staff for the
purpose of providing patient care and transport.
13. That at all times hereinafter mentioned, defendant SENIORCARE EMERGENCY
MEDICAL SERVICES its agents, servants and/or employees undertook and agreed to
transport plaintiff JANET KELLY.
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14. That at all times hereinafter mentioned, defendant SENIORCARE EMERGENCY
MEDICAL SERVICES its agents, servants and/or employees undertook and agreed to
transport plaintiff JANET KELLY on January 2, 2019.
15. That at all times hereinafter mentioned, defendant SENIORCARE EMERGENCY
MEDICAL SERVICES its agents, servants and/or employees transported plaintiff
JANET KELLY on January 2, 2019 from Long Island Jewish Medical Center to Calvary
Hospital.
16. That at all times herein, the defendants, their agents, servants and/or employees, jointly
and/or severally, were negligent and careless in the services rendered for an on behalf of
the decedent in that they neglected to use reasonable care in the services rendered to
JANET KELLY in failing to heed decedent’s complaints; in failing to obtain a proper
medical history; in failing to provide plaintiff a safe transport; in failing to timely and
adequately treat decedent; in failing to monitor decedent; in negligently monitoring
decedent; in failing to properly oxygenate plaintiff; in negligently allowing plaintiff’s
oxygen saturation levels to decrease; in failing to document plaintiff’s oxygen saturation
during transport; in failing to insure proper oxygenation of plaintiff during transport; in
failing to recognize an emergency; in failing to properly monitor decedent’s vital signs;
in negligently exacerbating decedent’s condition; in failing to consider decedent’s
medical history; in negligently allowing decedent’s condition to progress; in failing to
timely and adequately diagnose plaintiff’s decreasing oxygen saturation; in failing to
establish a proper course of treatment; in failing to timely provide decedent with remedial
measures; in failing to have adequate supplemental oxygen for plaintiff’s transport; in
failing to provide plaintiff sufficient supplemental oxygen; in negligently running out of
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oxygen during transport; in failing to timely obtain additional supplemental oxygen; in
failing to properly stock ambulances; in failing to provide the staff with the proper
instrumentalities to safely transport patients; in failing to have an established policy
regarding safe transport of patients with supplemental oxygenation requirements; in
failing to properly implement company policy; in negligently failing to monitor
decedent’s condition; in negligently neglecting and ignoring the decedent; in failing to
properly document decedent’s patient care report; in negligently documenting decedent’s
patient care report; in improperly changing plaintiff’s patient care report; in failing to
appreciate the significance of decedent’s condition; in failing to appreciate the
significance of decedent’s complaints; in negligently causing decedent to suffer
respiratory arrest; in negligently causing decedent to code; in failing to consistently
monitor decedent; in failing to properly assess decedent’s transport risk; in failing to
recognize the severity of decedent’s condition; in failing to properly and timely perform
remedial procedures; in failing to establish a proper course of treatment with regards to
the decedent; in lacking the expertise and experience necessary to treat decedent’s
condition; it attempting to transport decedent without having the requisite degree of
knowledge, education and experience necessary to do so; in failing to properly and timely
communicate with decedent’s treating physicians; in failing to properly staff the
ambulance transporting plaintiff; in failing to utilize staff trained in advanced life support
to transfer plaintiff; in negligently transporting plaintiff with BLS trained staff; in failing
to hire competent and efficient staff; in negligently hiring an incompetent and inefficient
staff; in negligently hiring, retaining, supervising, training and controlling staff members;
in negligently departing from good and accepted medical practices and standards; in
5 of 10
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decreasing decedent’s chances for a better outcome and in otherwise being negligent and
careless in the treatment afforded to the decedent JANET KELLY.
SECOND CAUSE OF ACTION: NEGLIGENT HIRING
17. Plaintiff’s repeat, reiterate and realleges each and every allegation contained in the above
paragraphs inclusive of the First Cause of Action with the same force and effect as if set
at length herein.
18. At all times relevant, defendant SENIORCARE EMERGENCY MEDICAL SERVICES
controlled the hiring of its agents, servants, and/or employees, including but not limited
to transporters, emergency medical technicians and other staff.
19. At all times relevant, defendant SENIORCARE EMERGENCY MEDICAL SERVICES
supervised the hiring of its agents, servants and/or employees, including but not limited
to transporters, emergency medical technicians and other staff.
20. At all times relevant, defendant SENIORCARE EMERGENCY MEDICAL SERVICES
had the responsibility to control its agents, servants and/or employees, including but not
limited to transporters, emergency medical technicians and other staff.
21. At all times relevant, defendant SENIORCARE EMERGENCY MEDICAL SERVICES
had the responsibility to supervise its agents, servants, and/or employees.
22. Plaintiffs injuries arose from the inadequate supervision, hiring and/or control of the
agents, servants and/or employees, in that the defendants failed to properly screen and
evaluate their potential agents, servants and/or employees; failed to properly re-evaluate
their agents, servants and/or employees; failed to use reasonable care, in failing to draft,
enforce and/or follow reasonable and adequate guidelines; in failing to properly train said
agents, servants and/or employees; in negligently retaining said agents, servants and/or
6 of 10
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employees; in failing to conduct an investigation concerning said agents, servants and/or
employees; in failing to use reasonable car to correct or remove said agents, servants
and/or employees; and in otherwise being careless and negligent herein.
23. That since the acts complained of herein occurred, plaintiff JANET KELLY suffered
great mental and physical distress, in addition to personal injuries as a result of which
plaintiff became sick, sore, lame and disabled and will be so sick, sore, lame and disabled
for some time to come; was obliged to and necessarily did engage and procure medical
aid and attention in an endeavor to cure herself of her hurts and wounds and did
necessarily pay and become liable therefore.
THIRD CAUSE OF ACTION: WRONGFUL DEATH
24. Plaintiffs repeat, reiterate and realleges each and every allegation contained in the above
paragraphs inclusive of the First and Second Causes of Action, with the same force and
effect as if set forth at length herein.
25. As a result of the foregoing, JANET KELLY died on January 2, 2019.
26. The death of JANET KELLY was due as a result of the injuries sustained by the
aforementioned medical malpractice, negligence, and negligent hiring of the defendants
as described above.
27. As a result of the foregoing, JANET KELLY left surviving next of kin, issue and
distributees who have been deprived of her maintenance, guidance, contribution and care.
28. As a result of the foregoing, the issue, heirs-at-law and next of kin of JANET KELLY
have been damaged.
29. That the amount in damages sought by the plaintiffs exceed the jurisdictional limits of all
lower courts which would otherwise have jurisdiction.
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WHEREFORE, plaintiff demands judgment against the defendant on each cause of action
in amounts which exceed the jurisdictional limits of all lower courts with interest thereon,
together with the costs and disbursements of this action, and for such other and further relief
as to this court may deem just and proper.
Dated: Woodbury, New York
December 31, 2020
Yours, etc.,
Carolyn M. Caccese
__________________________
Carolyn M. Caccese
SALENGER, SACK, KIMMEL
& BAVARO, LLP
Attorney for Plaintiffs
180 Froehlich Farm Boulevard
Woodbury, New York 11797
(516) 677-0100
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NYSCEF DOC. NO. 5
1 RECEIVED NYSCEF: 07/08/2021
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ATTORNEYS VERIFICATION
The undersigned, an attorney duly admitted to practice in the courts of the State of New York,
hereby affirms the following under penalties of perjury, that the affiant is a member of
SALENGER, SACK, KIMMEL & BAVARO, attorneys of record for the plaintiffs in the within
action; that the affiant has read the foregoing
COMPLAINT
and knows the contents thereof; and the same is true to my knowledge, except as to the matters
therein stated to be alleged upon information and belief, and as to those matters I believe it to be
true. Affiant further states that the reason this affirmation is made by affiant and not by the
plaintiffs is that the plaintiffs are outside the County where our office is maintained.
The grounds of my believed as to all matters not stated upon my own knowledge are as follows:
statements of the plaintiffs, contents of the file, books and records.
Dated: Woodbury, New York
December 31, 2020 Carolyn M. Caccese
_____________________
Carolyn M. Caccese
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NYSCEF DOC. NO. 5
1 RECEIVED NYSCEF: 07/08/2021
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
-----------------------------------------------------------------------X
JANET KELLY, deceased, by JAMES KELLY, IndeX No.:
As proposed EXecutor of the Estate,
CERTIFICATE
Plaintiffs, OF MERIT
-against-
SENIORCARE EMERGENCY MEDICAL SERVICES,
Defendant.
------------------------------------------------------------------------X
Carolyn M. Caccese, an attorney duly admitted to practice in the State of New York, respectfully
shows:
1. I am a partner of the firm of SALENGER, SACK, KIMMEL & BAVARO, attorneys for
the plaintiffs in the above-captioned matter.
2. This is the action for medical malpractice, negligence, negligent hiring and wrongful
death.
3. I have consulted with a physician, duly licensed to practice medicine, who is
knowledgeable regarding the relevant issues herein.
4. On the basis on said consultation, I have concluded that there exists a reasonable basis for
the commencement of this action.
5. I state, under the penalties of perjury, that the statements herein made are true, except as
to such statements that are based upon information and belief, which statements I believe
to be true.
Dated: Woodbury, New York
December 31, 2020 Yours, etc.,
Carofyn 'M. Caccese
Carolyn M. Caccese
SALENGER, SACK, KIMMEL
& BAVARO, LLP
Attorney for Plaintiffs
180 Froehlich Farm Boulevard
Woodbury, New York 11797
(516) 677-0100
10 of 10
Preview
FILED: BRONX COUNTY CLERK 07/08/2021 12/31/2020 04:53 02:41 PM INDEX NO. 35912/2020E NYSCEF DOC. NO. 5 1 RECEIVED NYSCEF: 07/08/2021 12/31/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -----------------------------------------------------------------------x JANET KELLY, deceased, by JAMES KELLY, Index No.: As proposed Executor of her Estate, SUMMONS Plaintiffs, Plaintiff designates -against- Bronx as the place for trial SENIORCARE EMERGENCY MEDICAL SERVICES, Basis of venue is the Principal place of business Defendant. Of defendant ------------------------------------------------------------------------x TO THE ABOVE NAMED DEFENDANT You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff’s Attorney within 20 days after the service of this summons exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in the case of your failure to appear of answer, judgment will be taken against you by default for the relief demanded herein. Dated: Woodbury, New York December 31, 2020 Yours, etc., Carolyn M. Caccese __________________________ Carolyn M. Caccese SALENGER, SACK, KIMMEL & BAVARO, LLP Attorney for Plaintiffs 180 Froehlich Farm Boulevard Woodbury, New York 11797 (516) 677-0100 To: SeniorCare Emergency Medical Services, 700 Havemeyer Avenue, Bronx NY 10473 1 of 10 FILED: BRONX COUNTY CLERK 07/08/2021 12/31/2020 04:53 02:41 PM INDEX NO. 35912/2020E NYSCEF DOC. NO. 5 1 RECEIVED NYSCEF: 07/08/2021 12/31/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -----------------------------------------------------------------------X JANET KELLY, deceased, by JAMES KELLY, Index No.: As proposed Executor of the Estate, VERIFIED COMPLAINT Plaintiffs, -against- SENIORCARE EMERGENCY MEDICAL SERVICES, Defendant. ------------------------------------------------------------------------X Plaintiffs, complaining of the defendant, by their attorney SALENGER, SACK, KIMMEL & BAVARO, LLP, respectfully show to the Court and allege as follows: FIRST CAUSE OF ACTION: MALPRACTICE 1. This is an action brought by the plaintiff JAMES KELLY, in his capacity as the Proposed Executor of the Estate of JANET KELLY, for medical malpractice, negligence, negligent hiring and wrongful death of JANEY KELLY. 2. At all times hereinafter mentioned, plaintiff JANET KELLY was resident of the County of Queens, State of New York. 3. At all times hereinafter mentioned, plaintiff JAMES KELLY was and still is a resident of the County of Queens, State of New York. 4. That at all times hereinafter mentioned, defendant SENIORCARE EMERGENCY MEDICAL SERVICES was a domestic corporation, duly organized and existing under and by virtue of the laws of the State of New York. 2 of 10 FILED: BRONX COUNTY CLERK 07/08/2021 12/31/2020 04:53 02:41 PM INDEX NO. 35912/2020E NYSCEF DOC. NO. 5 1 RECEIVED NYSCEF: 07/08/2021 12/31/2020 5. That at all times hereinafter mentioned, defendant SENIORCARE EMERGENCY MEDICAL SERVICES was a professional corporation, duly organized and existing under and by the virtue of the laws of the State of New York. 6. That at all times hereinafter mentioned, defendant SENIORCARE EMERGENCY MEDICAL SERVICES was a limited liability partnership, duly organized and existing under and by virtue of the laws of the State of New York. 7. That at all times hereinafter mentioned, defendant SENIORCARE EMERGENCY MEDICAL SERVICES was an ambulance service duly organized and existing under and by virtue of the laws of the state of New York. 8. At all times relevant, defendant SENIORCARE EMERGENCY MEDICAL SERVICES owned a facility located at 700 Havemeyer Avenue, Bronx NY 10473. 9. At all times relevant, defendant SENIORCARE EMERGENCY MEDICAL SERVICES operated an ambulance service. 10. At all times relevant, defendant SENIORCARE EMERGENCY MEDICAL SERVICES operated an ambulance services for the purposes of transporting critically ill patients. 11. At all times relevant, defendant SENIORCARE EMERGENCY MEDICAL SERVICES staffed its ambulance services for the purpose of providing transport. 12. That at all times hereinafter mentioned, defendant SENIORCARE EMERGENCY MEDICAL SERVICES hired emergency medical technicians and other staff for the purpose of providing patient care and transport. 13. That at all times hereinafter mentioned, defendant SENIORCARE EMERGENCY MEDICAL SERVICES its agents, servants and/or employees undertook and agreed to transport plaintiff JANET KELLY. 3 of 10 FILED: BRONX COUNTY CLERK 07/08/2021 12/31/2020 04:53 02:41 PM INDEX NO. 35912/2020E NYSCEF DOC. NO. 5 1 RECEIVED NYSCEF: 07/08/2021 12/31/2020 14. That at all times hereinafter mentioned, defendant SENIORCARE EMERGENCY MEDICAL SERVICES its agents, servants and/or employees undertook and agreed to transport plaintiff JANET KELLY on January 2, 2019. 15. That at all times hereinafter mentioned, defendant SENIORCARE EMERGENCY MEDICAL SERVICES its agents, servants and/or employees transported plaintiff JANET KELLY on January 2, 2019 from Long Island Jewish Medical Center to Calvary Hospital. 16. That at all times herein, the defendants, their agents, servants and/or employees, jointly and/or severally, were negligent and careless in the services rendered for an on behalf of the decedent in that they neglected to use reasonable care in the services rendered to JANET KELLY in failing to heed decedent’s complaints; in failing to obtain a proper medical history; in failing to provide plaintiff a safe transport; in failing to timely and adequately treat decedent; in failing to monitor decedent; in negligently monitoring decedent; in failing to properly oxygenate plaintiff; in negligently allowing plaintiff’s oxygen saturation levels to decrease; in failing to document plaintiff’s oxygen saturation during transport; in failing to insure proper oxygenation of plaintiff during transport; in failing to recognize an emergency; in failing to properly monitor decedent’s vital signs; in negligently exacerbating decedent’s condition; in failing to consider decedent’s medical history; in negligently allowing decedent’s condition to progress; in failing to timely and adequately diagnose plaintiff’s decreasing oxygen saturation; in failing to establish a proper course of treatment; in failing to timely provide decedent with remedial measures; in failing to have adequate supplemental oxygen for plaintiff’s transport; in failing to provide plaintiff sufficient supplemental oxygen; in negligently running out of 4 of 10 FILED: BRONX COUNTY CLERK 07/08/2021 12/31/2020 04:53 02:41 PM INDEX NO. 35912/2020E NYSCEF DOC. NO. 5 1 RECEIVED NYSCEF: 07/08/2021 12/31/2020 oxygen during transport; in failing to timely obtain additional supplemental oxygen; in failing to properly stock ambulances; in failing to provide the staff with the proper instrumentalities to safely transport patients; in failing to have an established policy regarding safe transport of patients with supplemental oxygenation requirements; in failing to properly implement company policy; in negligently failing to monitor decedent’s condition; in negligently neglecting and ignoring the decedent; in failing to properly document decedent’s patient care report; in negligently documenting decedent’s patient care report; in improperly changing plaintiff’s patient care report; in failing to appreciate the significance of decedent’s condition; in failing to appreciate the significance of decedent’s complaints; in negligently causing decedent to suffer respiratory arrest; in negligently causing decedent to code; in failing to consistently monitor decedent; in failing to properly assess decedent’s transport risk; in failing to recognize the severity of decedent’s condition; in failing to properly and timely perform remedial procedures; in failing to establish a proper course of treatment with regards to the decedent; in lacking the expertise and experience necessary to treat decedent’s condition; it attempting to transport decedent without having the requisite degree of knowledge, education and experience necessary to do so; in failing to properly and timely communicate with decedent’s treating physicians; in failing to properly staff the ambulance transporting plaintiff; in failing to utilize staff trained in advanced life support to transfer plaintiff; in negligently transporting plaintiff with BLS trained staff; in failing to hire competent and efficient staff; in negligently hiring an incompetent and inefficient staff; in negligently hiring, retaining, supervising, training and controlling staff members; in negligently departing from good and accepted medical practices and standards; in 5 of 10 FILED: BRONX COUNTY CLERK 07/08/2021 12/31/2020 04:53 02:41 PM INDEX NO. 35912/2020E NYSCEF DOC. NO. 5 1 RECEIVED NYSCEF: 07/08/2021 12/31/2020 decreasing decedent’s chances for a better outcome and in otherwise being negligent and careless in the treatment afforded to the decedent JANET KELLY. SECOND CAUSE OF ACTION: NEGLIGENT HIRING 17. Plaintiff’s repeat, reiterate and realleges each and every allegation contained in the above paragraphs inclusive of the First Cause of Action with the same force and effect as if set at length herein. 18. At all times relevant, defendant SENIORCARE EMERGENCY MEDICAL SERVICES controlled the hiring of its agents, servants, and/or employees, including but not limited to transporters, emergency medical technicians and other staff. 19. At all times relevant, defendant SENIORCARE EMERGENCY MEDICAL SERVICES supervised the hiring of its agents, servants and/or employees, including but not limited to transporters, emergency medical technicians and other staff. 20. At all times relevant, defendant SENIORCARE EMERGENCY MEDICAL SERVICES had the responsibility to control its agents, servants and/or employees, including but not limited to transporters, emergency medical technicians and other staff. 21. At all times relevant, defendant SENIORCARE EMERGENCY MEDICAL SERVICES had the responsibility to supervise its agents, servants, and/or employees. 22. Plaintiffs injuries arose from the inadequate supervision, hiring and/or control of the agents, servants and/or employees, in that the defendants failed to properly screen and evaluate their potential agents, servants and/or employees; failed to properly re-evaluate their agents, servants and/or employees; failed to use reasonable care, in failing to draft, enforce and/or follow reasonable and adequate guidelines; in failing to properly train said agents, servants and/or employees; in negligently retaining said agents, servants and/or 6 of 10 FILED: BRONX COUNTY CLERK 07/08/2021 12/31/2020 04:53 02:41 PM INDEX NO. 35912/2020E NYSCEF DOC. NO. 5 1 RECEIVED NYSCEF: 07/08/2021 12/31/2020 employees; in failing to conduct an investigation concerning said agents, servants and/or employees; in failing to use reasonable car to correct or remove said agents, servants and/or employees; and in otherwise being careless and negligent herein. 23. That since the acts complained of herein occurred, plaintiff JANET KELLY suffered great mental and physical distress, in addition to personal injuries as a result of which plaintiff became sick, sore, lame and disabled and will be so sick, sore, lame and disabled for some time to come; was obliged to and necessarily did engage and procure medical aid and attention in an endeavor to cure herself of her hurts and wounds and did necessarily pay and become liable therefore. THIRD CAUSE OF ACTION: WRONGFUL DEATH 24. Plaintiffs repeat, reiterate and realleges each and every allegation contained in the above paragraphs inclusive of the First and Second Causes of Action, with the same force and effect as if set forth at length herein. 25. As a result of the foregoing, JANET KELLY died on January 2, 2019. 26. The death of JANET KELLY was due as a result of the injuries sustained by the aforementioned medical malpractice, negligence, and negligent hiring of the defendants as described above. 27. As a result of the foregoing, JANET KELLY left surviving next of kin, issue and distributees who have been deprived of her maintenance, guidance, contribution and care. 28. As a result of the foregoing, the issue, heirs-at-law and next of kin of JANET KELLY have been damaged. 29. That the amount in damages sought by the plaintiffs exceed the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 7 of 10 FILED: BRONX COUNTY CLERK 07/08/2021 12/31/2020 04:53 02:41 PM INDEX NO. 35912/2020E NYSCEF DOC. NO. 5 1 RECEIVED NYSCEF: 07/08/2021 12/31/2020 WHEREFORE, plaintiff demands judgment against the defendant on each cause of action in amounts which exceed the jurisdictional limits of all lower courts with interest thereon, together with the costs and disbursements of this action, and for such other and further relief as to this court may deem just and proper. Dated: Woodbury, New York December 31, 2020 Yours, etc., Carolyn M. Caccese __________________________ Carolyn M. Caccese SALENGER, SACK, KIMMEL & BAVARO, LLP Attorney for Plaintiffs 180 Froehlich Farm Boulevard Woodbury, New York 11797 (516) 677-0100 8 of 10 FILED: BRONX COUNTY CLERK 07/08/2021 12/31/2020 04:53 02:41 PM INDEX NO. 35912/2020E NYSCEF DOC. NO. 5 1 RECEIVED NYSCEF: 07/08/2021 12/31/2020 ATTORNEYS VERIFICATION The undersigned, an attorney duly admitted to practice in the courts of the State of New York, hereby affirms the following under penalties of perjury, that the affiant is a member of SALENGER, SACK, KIMMEL & BAVARO, attorneys of record for the plaintiffs in the within action; that the affiant has read the foregoing COMPLAINT and knows the contents thereof; and the same is true to my knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. Affiant further states that the reason this affirmation is made by affiant and not by the plaintiffs is that the plaintiffs are outside the County where our office is maintained. The grounds of my believed as to all matters not stated upon my own knowledge are as follows: statements of the plaintiffs, contents of the file, books and records. Dated: Woodbury, New York December 31, 2020 Carolyn M. Caccese _____________________ Carolyn M. Caccese 9 of 10 FILED: BRONX COUNTY CLERK 07/08/2021 12/31/2020 04:53 02:41 PM INDEX NO. 35912/2020E NYSCEF DOC. NO. 5 1 RECEIVED NYSCEF: 07/08/2021 12/31/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -----------------------------------------------------------------------X JANET KELLY, deceased, by JAMES KELLY, IndeX No.: As proposed EXecutor of the Estate, CERTIFICATE Plaintiffs, OF MERIT -against- SENIORCARE EMERGENCY MEDICAL SERVICES, Defendant. ------------------------------------------------------------------------X Carolyn M. Caccese, an attorney duly admitted to practice in the State of New York, respectfully shows: 1. I am a partner of the firm of SALENGER, SACK, KIMMEL & BAVARO, attorneys for the plaintiffs in the above-captioned matter. 2. This is the action for medical malpractice, negligence, negligent hiring and wrongful death. 3. I have consulted with a physician, duly licensed to practice medicine, who is knowledgeable regarding the relevant issues herein. 4. On the basis on said consultation, I have concluded that there exists a reasonable basis for the commencement of this action. 5. I state, under the penalties of perjury, that the statements herein made are true, except as to such statements that are based upon information and belief, which statements I believe to be true. Dated: Woodbury, New York December 31, 2020 Yours, etc., Carofyn 'M. Caccese Carolyn M. Caccese SALENGER, SACK, KIMMEL & BAVARO, LLP Attorney for Plaintiffs 180 Froehlich Farm Boulevard Woodbury, New York 11797 (516) 677-0100 10 of 10