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FILED: BRONX COUNTY CLERK 02/12/2021 01:41 PM INDEX NO. 35921/2020E
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/12/2021
EXHIBIT "A
FILED: BRONX COUNTY CLERK 02/12/2021 01:41 PM INDEX NO. 35921/2020E
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
CARLTON L MOlTT, JR., as Administrator of the
Estate of CYNTHIA MOITT
Plaintiff/Petitioner
- against - Index No.35921/2020E
THROGS NECK oPERATING CO., LLC., THROGS NECK
REHABIUTATION & NURSING CENTER, and ELENA VEZZA, M.D.
Defendant/Respondent.
-------------------------------x
NOTICE OF ELECTRONIC FILING
(Mandatory Case) .
(Uniform Rule § 202.5-bb)
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name islisted above, has filed this Case using the
New York State Courts E-filing system ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this case.
• if_you are represented by an attorney:
Attorneys"
Give this Notice to your attorney. (Attorneys: see "Information for pg. 2).
e If you are not represented an attorney:
by
You will be served with all documents in paper and you must serve and file your
documents in paper, unless you choose to participate in e-filing.
If you choose to participate in e-filing, you must have access to a computer and a
scanner or other device to convert documents into electronic format, a connection
to the internet, and an e-mail address to receive serv.ice of documents.
The benefits of participating in e-filing include:
• and your documents
serving filing electronically
• free access to view and print your e-filed documents
• your number of trips to the courthouse
limiting
• paying any court fees on-line (credit card needed)
To register for e-filing or for more information about how e-filing works:
• visit: www.nvcourts.gov/efile-unrepresented or
• contact the Clerk's Office or Help Center at the court where the case was filed. Court
contact information can be found at www.nvcourts cov
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To find legal information to help you represent yourself visit www.nvcourthelp.gov
Information for Attorneys
(E-filing is Mandatory for Attorneys)
An attorney representing a party who is served with this notice must either:
1) immediately record his or her representation within the e-filed matter on the .
NYSCEF site www.nycourts.gov/efile ; or
2) file the Notice of Opt-Out form with the clerk of the court where this action is
pending and serve on all parties. Exemptions from mandatory e-filing are limited to
attomeys who certify in good faith that they Jack the computer hardware and/or
scanner and/or internet connection or that they lack (along with all employees subject
to their direction) the knowledge to operate such equipment. [Secton 202.5-bb(e)]
For additional informatieñ about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center
(phone: 646-386-3033; e-mail: nyscef@nycourts.gov).
Dated: Jan. 12, 2021
MICHAEL A. FRUHLING
111 Broadway, 12th Floor
Name
GERSOWITZ LIBO & KOREK, PC New York, NY 10006
Firm Name Address
(212) 385-4410
Phone
mfruhling@Iawyertime.com
b-Mail
To: Throgs Neck Operating Co., LL6
Throgs Neck Rehabilitation & 1)glprsing Center
Elena Vezza, M.D. _
__
2/24/20
Index # Page 2 of 2 EFM-1
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INDEX NO, 35921/2020E
NYSCEF DOC . NO. 4 RECEIVED NYSCEF: 01/12/2021
SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF THE BRONX
---_____________- .,X
Index No-: 3592112020E
CARLTON L. MOITT JR., as Administrator of
Filed· Dec. 2020
the Estate of CYNTHIA MOITT Date 31,
Plaintiff,
SUMMONS
-against-
Plaintiff designates
THROGS NECK OPERATING CO. LLC., as the place of Trial
ING
BRONX COUNTY
CENTER, and ELENA VEZZA M.D.,
The basis of venue is
Defendants.
PlaintiEPs estate (CPLR § 503(b)
. To the above named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in s antfon and serve a
copy of your answer, or, if the complaint is not served with this summ=s, to serve a notice of
appearance, on the Plaintiffs Attorney{s) within 20 dÅys after the service of this summons,
-beive of the day of service (or within 30 days after the service is complete if this sum-m_ons is
not personally delivered to you within the State ofNew York); and in case of your failure to appear
or answer, judgmêüt will be taken against you by default for the relief demanded in the complaint.
Dated: New York, New York
December 28, 2020
Michael A. Fruhling
GERSOWITZ, LIBO & KOREK, P.C.
Attorneys for Plaintiff(s)
126
111 Broadway, Floor
New York, New York 10006
(212) 385-4410 ..
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SUPREME COURT OF THE STATE OF NEW YORK
CÓUNTY OF THE BRONX
------.________---_____.________-.--X
CARLTON L. MOITT JR., as Administrator Index No.: 35921/2020E
of the ESTATE OF CYNTHIA MOITT, Date Filed: Dec. 31, 2020
. . Plaintiff,
CERTIFICATE
-against-
OF MERIT
THROGS NECK OPERATING CO. LLC.,
THROGS NÈCK REHABILITATION & NURSING
CENTER, and ELENA VEZZA M.D.,
Defendants.
--- ____-.....,----------- X
MICHAEL A. FRUHLING, an attorney duly admitted to practice law before the Courts
of the State of New York, hereby affirms pursuant to CPLR Section 2106:
I have reviewed the facts of this case and have censulte with at least one physician who is .
licensed to practice medicine in this State or in any other State, and I reasonably believe that said
physician is knowledgeable as to relevant issues involved in this particular action and have
concluded on the basis of such review and consultation that there is a reasonable basis for the
commencement of this action.
Dated: New York, New York
December 17, 2020
MICHAEL A FR HLING
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX
====================================X Index No.: 35921/2020E
CARLTON L MOITT JR., as Administrator of : Date Filed: Dec. 31, 2020
the Estate of CYNTHIA MOITT, :
Plaintiffs,
: VERIFIED COMPLAINT
- against - :
:
THROGS NECK OPERATIGN CO. LLC., THROGS :
REHABILITATION & NURSING CENTER and
ELENA VEZZA, M.D.,
Defendants. :
====================================X
_C O U N S E L O R S:
Plaintiff, by his attorneys, GERSOWITZ LIBO & KOREK, P.C., alleges, upon information and
belief, as follows:
ERST CAUSE OF ACTION
1. That at all times hacinafter mentioned, Plaintiff was and still is a resident of Bronx County
and the State of New York.
2. That on October 19, 2020, Plaintiff, CARLTON L MOITT JR., was awarded Letteni of
Adminisùãtion of the Estate of CYNTHIA MOITT, by the Surrogate's Court, County of the Bronx.
3. That at all times hereinafter meñticñcd, Defendant, THROGS NECK OPERATING CO.
LLC., was and still is a limited liability company, organized and existing under and by virtue of the laws of
the State of New York.
4. That at all times hereinafter mentioned, Defendant, THROGS NECK OPERATING CO.
LLC., had its pinciple place of business at 707 Throgs Neck Expressway, Bronx, New York.
5. That at all times hereinafter mentioned, Defendant, THROGS NECK OPERATING CO.
. LLC., owned Defcadañt, THROGS NECK REHABILITATION & NURSING CENTER.
. .
6. That at all times hereinafter mentioned, Defendant, THROGS NECK OPERATING CO.
1
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LLC., operated Defendant, THROGS NECK REHABILITATION & NURSING CENTER.
7. That at all times hereinafter mentioned, Defendant, THROGS NECK
REHABILITATION & NURSING CENTER, was located at 707 Throgs Neck Expres sway, Bronx,
New York.
8, That at all times hereinafter mentioned, Defendant, ELENA VEZZA, M.D., was and still
is a physician, duly licensed to practice medicine within the State of New York.
9. That at all times hereinafter mentioned, Defendant, ELENA VEZZA, M.D., was and still
is an internist, licensed to practice medicine within the State of New York.
10. That at all times hereinafter mentioned, Defendant, ELENA VEZZA, M.D., was and still
is a licensed physician at Defendant, THROGS NECK REHABILITATION & NURSING CENTER.
11. That on December 24, 2019, Defcadant, ELENA VEZZA, M.D., was a physician at
Defendant, THROGS NECK REHABILITATION & NURSING CENTER.
12. That at all times hereinafter mentioned, on December 24, 2019 and continuing through
January 11, 2020, Defendant, ELENA VEZZA, M.D., was a physician practicing at Defendant, THROGS
NECK REHABILITATION & NURSING CENTER.
13. That at all times hereinafter mentioned, on December 24, 2019 and contiñuiñg through
Janu y 11, 2020, Defendant, ELENA VEZZA, M.D., was employed by Defendant, THROGS NECK
OPERATING CO. LII'. . .
14. That at all times hereinafter mentioned, on December 24, 2019 and continuing through
January 11, 2020, Defendant, ELENA VEZZA, M.D., was employed by Defendant, THROGS NECK
REHABILITATION & NURSING CENTER.
15. That on December 24, 2019 and continuing through January 11, 2020, Defendant,
ELENA VEZZA, M.D., was a practicing physician at the Defendant, THROGS NECK
REHABILITATION & NURSING CENTER, with the knowledgc and consent of Defendant, THROGS
NECK REHABILITATION & NURSING CENTER.
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16. That on December 24, 2019 and condñüing through January 11, 2020, Defendant,
ELENA VEZZA, M.D., was acting as an agent of the Defendant, THROGS NECK OPERATING CO.
LLC.
17, ht on December 24, 2019 and continuing through January 11, 2020, Defendant,
ELENA VEZZA, M.D., was acting as an agent of the Defendant, THROGS NECK
REHABILITATION & NURSING CENTER.
18. That at all times hereinafter mentioned and on or before December 24, 2019, Defendant,
THROGS OPERATING CO. LLC., owned a medled facility known as Throgs Neck Rehabilitation &
Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New York 10465.
19. he at all times hereinafter mentioned and on or before December 24, 2019, Defendant,
THROGS NECK REHABILITATION & NURSING CENTER, owned a medical facility known as
Throgs Neck Rehabilitdon & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New
York 10465.
20. ht at all times hereinafter mentioned and on or before December 24, 2019, Defendant,
THROGS NECK OPERATING CO. LLC., operated a medical facility known as Throgs Neck
Rehabilitation & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New York 10465.
. .
21. That at all times heicinafter mentioned and on or before December 24, 2019, Defendant,
THROGS NECK REHABILITATION & NURSING CENTER, operated a medical facility known as
Throgs Neck Rehabilitation & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New
York 10465.
22. he at all times hereinafter mentioned and on or before December 24, 2019, Defendant,
THROGS NECK OPERATING CO. LLC., managed a medical facility known as Throgs Neck
Rehabilitadon & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New York 10465.
23. That at all time herciñafter mentioned and on or before December 24, 2019, Defendant,
THROGS NECK REHABILITATION & NURSING CENTER, managed a medical facility known as
3
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Throgs Neck lkh-1.if itailon & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New
York 10465.
24. That at all times hereinafter inentioned and on or before December 24, 2019, Defendant,
THROGS NECK OPERATING CO. LLC., maintained a medical facility known as Throgs Neck
Rehabilitation & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New York 10465.
25. That at all time hereinafter mentioned and on or before December 24, 2019, Defendant,
THROGS NECK REHABILITATION & NURSING CENTER, maintaiccd a medical facility known as
Throgs Neck Rehah¾tion & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New
York 10465.
26. That at all times hereinafter mentioned and on or before December 24, 2019, Defendant,
THROGS NECK OPERATING CO. LLC., controlled a medical facility known as Throgs Neck
Rehabilitation & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New York 10465.
27 That at all time bereinafter mentioned and on or before December 24, 2019, Defendant,
THROGS NECK REHABILITATION & NURSING CENTER, controlled a medical facility known as
Throgs Neck Rehâbilitadon & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New
York 10465.
28. That at all times mendoned, Defendant, THROGS NECK REHABILITATION &
NURSING CENTER, at the facility described above was and still is a place of public accommna*inn for
the treatment, service and care of persons medically ill.
29. Defendant, THROGS NECK REHABILITATION & NURSING CENTER, at the
facility described above, held itself out as duly qualified and capable of rendering adequate medical and
diagnostic care and treatment to the public and for such purposes hired doctors, nurses, and other
personnel.
30. That Defendant, THROGS NECK REHABILITATION & NURSING CENTER, its
. respective agents, servants, employees, contrartees, physicians, nurses, interns and other health care
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professionals, negligently, recklessly and carelessly invited persons of inferior qualifications, presumably
physicians who hold degrees of Doctor of Medicine and are entitled to practice medicine in the State of
New York, to act for, medically treat, advise and operate upon those requiring treatment.
31. That at all times her-imAn mentioned and on or about December 2019 through
24,
January 11, 2020, Plaintiffs decedent, CYNTHIA MOITT, had come under the care of the physicians,
resident physicians, nurses, physical therapists, and other health care providers at Defendant, THROGS
NECK OPERATING CO. LLC.
32. That at all times hereirmher mentioned and on or about December 24, 2019 through
J nua£y 11, 2020, Plaintiffs decedent, CYNTHIA MOITT, had come under the care of the physicians,
resident physicians, nurses, physical therapists, and other health care providers at Defendant, THROGS
NECK REHABILITATION & NURSING CENTER.
33. That at all times hereinafter mentioned, Plaintiffs decedent CYNTHIA MOITT, was a
resident at Defendant, THROGS NECK REHABILITATION & NURSING CENTER.
34. That at all times hereinafter mentioned, Plaintiff's decedent, CYNTHIA MOITT, received
medical care at the aforementioned medical facility owned, operated, managed, maintaired or controlled
by Defendant, THROGS NECK OPERATING CO, LLC.
35. That at all times hereinafter mentioned, Plaintiffs decedent, CYNTHIA MOITT, received
medical care at the aforementioned medical facility owned, operated, managed, maintained or controlled
by Defendant, THROGS NECK REHABILITATION & NURSING CENTER.
36. That at all times heteinafter mentioned, Defendant, THROGS NECK
REHABILITATION & NURSING CENTER, its agents, servants and/or employees, including doctors,
nurses, interns and/or health care providers, failed to properly and timely diagnose the decedent's
condition.
37. That at all times hereinafter mentioned, Defendant, THROGS NECK
REHABILITATION & NURSING CENTER, its agents, servants and/or employees, including doctors,
5
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FILED: BRONX COUNTY CLERK 02/12/2021 01:41 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/12/2021 EXHIBIT "A FILED: BRONX COUNTY CLERK 02/12/2021 01:41 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CARLTON L MOlTT, JR., as Administrator of the Estate of CYNTHIA MOITT Plaintiff/Petitioner - against - Index No.35921/2020E THROGS NECK oPERATING CO., LLC., THROGS NECK REHABIUTATION & NURSING CENTER, and ELENA VEZZA, M.D. Defendant/Respondent. -------------------------------x NOTICE OF ELECTRONIC FILING (Mandatory Case) . (Uniform Rule § 202.5-bb) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name islisted above, has filed this Case using the New York State Courts E-filing system ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in this case. • if_you are represented by an attorney: Attorneys" Give this Notice to your attorney. (Attorneys: see "Information for pg. 2). e If you are not represented an attorney: by You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. If you choose to participate in e-filing, you must have access to a computer and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-mail address to receive serv.ice of documents. The benefits of participating in e-filing include: • and your documents serving filing electronically • free access to view and print your e-filed documents • your number of trips to the courthouse limiting • paying any court fees on-line (credit card needed) To register for e-filing or for more information about how e-filing works: • visit: www.nvcourts.gov/efile-unrepresented or • contact the Clerk's Office or Help Center at the court where the case was filed. Court contact information can be found at www.nvcourts cov Page 1 of 2 EFM-1 FILED: BRONX COUNTY CLERK 02/12/2021 01:41 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/12/2021 To find legal information to help you represent yourself visit www.nvcourthelp.gov Information for Attorneys (E-filing is Mandatory for Attorneys) An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the . NYSCEF site www.nycourts.gov/efile ; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending and serve on all parties. Exemptions from mandatory e-filing are limited to attomeys who certify in good faith that they Jack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the knowledge to operate such equipment. [Secton 202.5-bb(e)] For additional informatieñ about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: nyscef@nycourts.gov). Dated: Jan. 12, 2021 MICHAEL A. FRUHLING 111 Broadway, 12th Floor Name GERSOWITZ LIBO & KOREK, PC New York, NY 10006 Firm Name Address (212) 385-4410 Phone mfruhling@Iawyertime.com b-Mail To: Throgs Neck Operating Co., LL6 Throgs Neck Rehabilitation & 1)glprsing Center Elena Vezza, M.D. _ __ 2/24/20 Index # Page 2 of 2 EFM-1 FILED: BRONX COUNTY CLERK 02/12/2021 01:41 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/12/2021 INDEX NO, 35921/2020E NYSCEF DOC . NO. 4 RECEIVED NYSCEF: 01/12/2021 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF THE BRONX ---_____________- .,X Index No-: 3592112020E CARLTON L. MOITT JR., as Administrator of Filed· Dec. 2020 the Estate of CYNTHIA MOITT Date 31, Plaintiff, SUMMONS -against- Plaintiff designates THROGS NECK OPERATING CO. LLC., as the place of Trial ING BRONX COUNTY CENTER, and ELENA VEZZA M.D., The basis of venue is Defendants. PlaintiEPs estate (CPLR § 503(b) . To the above named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in s antfon and serve a copy of your answer, or, if the complaint is not served with this summ=s, to serve a notice of appearance, on the Plaintiffs Attorney{s) within 20 dÅys after the service of this summons, -beive of the day of service (or within 30 days after the service is complete if this sum-m_ons is not personally delivered to you within the State ofNew York); and in case of your failure to appear or answer, judgmêüt will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York December 28, 2020 Michael A. Fruhling GERSOWITZ, LIBO & KOREK, P.C. Attorneys for Plaintiff(s) 126 111 Broadway, Floor New York, New York 10006 (212) 385-4410 .. 1 of 20 FILED: BRONX COUNTY CLERK 02/12/2021 01:41 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/12/2021 INDEX NO, 35921/2020E FILED : BRONX COUNTY CLERK 01/12 /2 O 21 10 : 35 PM| NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/12/2021 SUPREME COURT OF THE STATE OF NEW YORK CÓUNTY OF THE BRONX ------.________---_____.________-.--X CARLTON L. MOITT JR., as Administrator Index No.: 35921/2020E of the ESTATE OF CYNTHIA MOITT, Date Filed: Dec. 31, 2020 . . Plaintiff, CERTIFICATE -against- OF MERIT THROGS NECK OPERATING CO. LLC., THROGS NÈCK REHABILITATION & NURSING CENTER, and ELENA VEZZA M.D., Defendants. --- ____-.....,----------- X MICHAEL A. FRUHLING, an attorney duly admitted to practice law before the Courts of the State of New York, hereby affirms pursuant to CPLR Section 2106: I have reviewed the facts of this case and have censulte with at least one physician who is . licensed to practice medicine in this State or in any other State, and I reasonably believe that said physician is knowledgeable as to relevant issues involved in this particular action and have concluded on the basis of such review and consultation that there is a reasonable basis for the commencement of this action. Dated: New York, New York December 17, 2020 MICHAEL A FR HLING 1 of 1 . INDEX NO. 35921/2020E FILED: BRONX COUNTY CLERK 02/12/2021 01:41 PM NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/12/2021 INDEX NO. 35921/2020E FILED : BRONX COUNTY CLERK 12 /31/2 0 2 0 0 4 : 2 4 PM| NYSCEF DOC. NO. A RECEIVED NYSCEF: m2/32/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX ====================================X Index No.: 35921/2020E CARLTON L MOITT JR., as Administrator of : Date Filed: Dec. 31, 2020 the Estate of CYNTHIA MOITT, : Plaintiffs, : VERIFIED COMPLAINT - against - : : THROGS NECK OPERATIGN CO. LLC., THROGS : REHABILITATION & NURSING CENTER and ELENA VEZZA, M.D., Defendants. : ====================================X _C O U N S E L O R S: Plaintiff, by his attorneys, GERSOWITZ LIBO & KOREK, P.C., alleges, upon information and belief, as follows: ERST CAUSE OF ACTION 1. That at all times hacinafter mentioned, Plaintiff was and still is a resident of Bronx County and the State of New York. 2. That on October 19, 2020, Plaintiff, CARLTON L MOITT JR., was awarded Letteni of Adminisùãtion of the Estate of CYNTHIA MOITT, by the Surrogate's Court, County of the Bronx. 3. That at all times hereinafter meñticñcd, Defendant, THROGS NECK OPERATING CO. LLC., was and still is a limited liability company, organized and existing under and by virtue of the laws of the State of New York. 4. That at all times hereinafter mentioned, Defendant, THROGS NECK OPERATING CO. LLC., had its pinciple place of business at 707 Throgs Neck Expressway, Bronx, New York. 5. That at all times hereinafter mentioned, Defendant, THROGS NECK OPERATING CO. . LLC., owned Defcadañt, THROGS NECK REHABILITATION & NURSING CENTER. . . 6. That at all times hereinafter mentioned, Defendant, THROGS NECK OPERATING CO. 1 2 of 20 . . . INDEX NO. 35921/2020E FILED: BRONX COUNTY CLERK 02/12/2021 01:41 PM . NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/12/2021 EDEX NO.. 35921/2020E IFILED : BRONX COÜNTY CLERK 12 /3 1 /2 0 2 0 0 4 : 2 4 PM) NYSCEF DOC. NO. a . RECEIVED NYSCEF: m2/12/20201 LLC., operated Defendant, THROGS NECK REHABILITATION & NURSING CENTER. 7. That at all times hereinafter mentioned, Defendant, THROGS NECK REHABILITATION & NURSING CENTER, was located at 707 Throgs Neck Expres sway, Bronx, New York. 8, That at all times hereinafter mentioned, Defendant, ELENA VEZZA, M.D., was and still is a physician, duly licensed to practice medicine within the State of New York. 9. That at all times hereinafter mentioned, Defendant, ELENA VEZZA, M.D., was and still is an internist, licensed to practice medicine within the State of New York. 10. That at all times hereinafter mentioned, Defendant, ELENA VEZZA, M.D., was and still is a licensed physician at Defendant, THROGS NECK REHABILITATION & NURSING CENTER. 11. That on December 24, 2019, Defcadant, ELENA VEZZA, M.D., was a physician at Defendant, THROGS NECK REHABILITATION & NURSING CENTER. 12. That at all times hereinafter mentioned, on December 24, 2019 and continuing through January 11, 2020, Defendant, ELENA VEZZA, M.D., was a physician practicing at Defendant, THROGS NECK REHABILITATION & NURSING CENTER. 13. That at all times hereinafter mentioned, on December 24, 2019 and contiñuiñg through Janu y 11, 2020, Defendant, ELENA VEZZA, M.D., was employed by Defendant, THROGS NECK OPERATING CO. LII'. . . 14. That at all times hereinafter mentioned, on December 24, 2019 and continuing through January 11, 2020, Defendant, ELENA VEZZA, M.D., was employed by Defendant, THROGS NECK REHABILITATION & NURSING CENTER. 15. That on December 24, 2019 and continuing through January 11, 2020, Defendant, ELENA VEZZA, M.D., was a practicing physician at the Defendant, THROGS NECK REHABILITATION & NURSING CENTER, with the knowledgc and consent of Defendant, THROGS NECK REHABILITATION & NURSING CENTER. 2 of 29 FILED: BRONX COUNTY CLERK 02/12/2021 01:41 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/12/2021 INDEX NO, 35921/2020E [F I LEÚ : BRONX COUNTY CL ERK 12 /3 1/ 2 0 2 0 0 4 : 2 4 PMI NYSCEF DOC. NO. A RECEIVED NYSCEF: m2/11/2028 16. That on December 24, 2019 and condñüing through January 11, 2020, Defendant, ELENA VEZZA, M.D., was acting as an agent of the Defendant, THROGS NECK OPERATING CO. LLC. 17, ht on December 24, 2019 and continuing through January 11, 2020, Defendant, ELENA VEZZA, M.D., was acting as an agent of the Defendant, THROGS NECK REHABILITATION & NURSING CENTER. 18. That at all times hereinafter mentioned and on or before December 24, 2019, Defendant, THROGS OPERATING CO. LLC., owned a medled facility known as Throgs Neck Rehabilitation & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New York 10465. 19. he at all times hereinafter mentioned and on or before December 24, 2019, Defendant, THROGS NECK REHABILITATION & NURSING CENTER, owned a medical facility known as Throgs Neck Rehabilitdon & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New York 10465. 20. ht at all times hereinafter mentioned and on or before December 24, 2019, Defendant, THROGS NECK OPERATING CO. LLC., operated a medical facility known as Throgs Neck Rehabilitation & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New York 10465. . . 21. That at all times heicinafter mentioned and on or before December 24, 2019, Defendant, THROGS NECK REHABILITATION & NURSING CENTER, operated a medical facility known as Throgs Neck Rehabilitation & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New York 10465. 22. he at all times hereinafter mentioned and on or before December 24, 2019, Defendant, THROGS NECK OPERATING CO. LLC., managed a medical facility known as Throgs Neck Rehabilitadon & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New York 10465. 23. That at all time herciñafter mentioned and on or before December 24, 2019, Defendant, THROGS NECK REHABILITATION & NURSING CENTER, managed a medical facility known as 3 a of 29 FILED: BRONX COUNTY CLERK 02/12/2021 01:41 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/12/2021 FILED INDEx NO. 35921/2020E : BRONX COUNTY CLERK 12 /31/ 2 0 2 0 O4 : 2 4 PM NYSCEF DOC. NO. RECEIVBD NYSCEF: m2/12/2022 Throgs Neck lkh-1.if itailon & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New York 10465. 24. That at all times hereinafter inentioned and on or before December 24, 2019, Defendant, THROGS NECK OPERATING CO. LLC., maintained a medical facility known as Throgs Neck Rehabilitation & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New York 10465. 25. That at all time hereinafter mentioned and on or before December 24, 2019, Defendant, THROGS NECK REHABILITATION & NURSING CENTER, maintaiccd a medical facility known as Throgs Neck Rehah¾tion & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New York 10465. 26. That at all times hereinafter mentioned and on or before December 24, 2019, Defendant, THROGS NECK OPERATING CO. LLC., controlled a medical facility known as Throgs Neck Rehabilitation & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New York 10465. 27 That at all time bereinafter mentioned and on or before December 24, 2019, Defendant, THROGS NECK REHABILITATION & NURSING CENTER, controlled a medical facility known as Throgs Neck Rehâbilitadon & Nursing Center, located at 707 Throgs Neck Expressway, Bronx, New York 10465. 28. That at all times mendoned, Defendant, THROGS NECK REHABILITATION & NURSING CENTER, at the facility described above was and still is a place of public accommna*inn for the treatment, service and care of persons medically ill. 29. Defendant, THROGS NECK REHABILITATION & NURSING CENTER, at the facility described above, held itself out as duly qualified and capable of rendering adequate medical and diagnostic care and treatment to the public and for such purposes hired doctors, nurses, and other personnel. 30. That Defendant, THROGS NECK REHABILITATION & NURSING CENTER, its . respective agents, servants, employees, contrartees, physicians, nurses, interns and other health care & of 29 FILED: BRONX COUNTY CLERK 02/12/2021 01:41 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/12/2021 CLERK INDEX NO. 35921/2020E (FILED: BRONX COUNTY 12 /31/2020 04: 2 4 PM NYSCEF DOC. NO. a RECEIVED NYSCEF: B2/12/2020 professionals, negligently, recklessly and carelessly invited persons of inferior qualifications, presumably physicians who hold degrees of Doctor of Medicine and are entitled to practice medicine in the State of New York, to act for, medically treat, advise and operate upon those requiring treatment. 31. That at all times her-imAn mentioned and on or about December 2019 through 24, January 11, 2020, Plaintiffs decedent, CYNTHIA MOITT, had come under the care of the physicians, resident physicians, nurses, physical therapists, and other health care providers at Defendant, THROGS NECK OPERATING CO. LLC. 32. That at all times hereirmher mentioned and on or about December 24, 2019 through J nua£y 11, 2020, Plaintiffs decedent, CYNTHIA MOITT, had come under the care of the physicians, resident physicians, nurses, physical therapists, and other health care providers at Defendant, THROGS NECK REHABILITATION & NURSING CENTER. 33. That at all times hereinafter mentioned, Plaintiffs decedent CYNTHIA MOITT, was a resident at Defendant, THROGS NECK REHABILITATION & NURSING CENTER. 34. That at all times hereinafter mentioned, Plaintiff's decedent, CYNTHIA MOITT, received medical care at the aforementioned medical facility owned, operated, managed, maintaired or controlled by Defendant, THROGS NECK OPERATING CO, LLC. 35. That at all times hereinafter mentioned, Plaintiffs decedent, CYNTHIA MOITT, received medical care at the aforementioned medical facility owned, operated, managed, maintained or controlled by Defendant, THROGS NECK REHABILITATION & NURSING CENTER. 36. That at all times heteinafter mentioned, Defendant, THROGS NECK REHABILITATION & NURSING CENTER, its agents, servants and/or employees, including doctors, nurses, interns and/or health care providers, failed to properly and timely diagnose the decedent's condition. 37. That at all times hereinafter mentioned, Defendant, THROGS NECK REHABILITATION & NURSING CENTER, its agents, servants and/or employees, including doctors, 5 6 of 20 . FILED: BRONX COUNTY CLERK 02/12/2021 01:41 PM