Preview
FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 03/08/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX
_____ ------x ANSWER
CARLTON L MOITT JR., as Administrator of
the Estate of CYNTHIA MOITT,
Index No. :
Plaintiff, 35921/2020E
- against -
THROGS NECK OPERATING CO, LLC, THROGS
NECK REHABILITATION & NURSING CENTER
and ELENA VEZZA, M.D.,
Defendants.
--------------------------------------------- x
Defendant, ELENA VEZZA, M.D., by her attorneys, Dwyer & Taglia, Esqs., answers the
plaintiff's Complaint as follows:
ANSWER TO THE FIRST CAUSE OF ACTION
1. Denies knowledge or information sufficient to answer the allegations contained in
paragraphs 1, 2, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 44, 45, 46, 47, 48, 49 and 50 of the
Complaint, and refers all questions of law to the court.
2. Denies knowledge or information sufficient to answer the allegations ceñtained in
paragraphs 3, 4, 5, 6, 7, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29 of the Complaint except
admits that the defendant, THROGS NECK REHABILITATION & NURSING CENTER, was and
is residential health care facility located at 707 Throgs Neck Expressway, Bronx, New York, and
refers all questions of law to the court.
3. Denies knowledge or information sufficient to answer the allegations contaiñêd in
paragraph 10, 11, 12, 15, 16 and 17 of the Complaint except admits that defendant, ELENA
VEZZA, M.D., was and is a physician licensed to practice medicine in the State of New York, who
was and is affiliated with defendant, THROGS NECK REHABILITATION & NURSING
CENTER, and refers all questions of law to the court.
1 of 4
FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 03/08/2021
4. Denies the allegations contained in paragraphs 13, 14, 41, 42 and 43 of the
Complaiñt, and refers all questions of law to the court.
ANSWER TO THE SECOND CAUSE OF ACTION
5. As to paragraph 51 of the Complaint, defendant realleges the denials contained in
the preceding paragraphs of this Answer.
6. Denies the allegations contained in paragraphs 52, 53, 54, 55, 56, 57, 58, 59, 60, 61,
62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77 and 78 in the form alleged, and refers all
questions of law to the court.
ANSWER TO THE THIRD CAUSE OF ACTION
7. As to paragraph 79 of the Complaint, defendant realleges the denials contained in
the preceding paragraphs of this Answer.
8. Denies the allegations contained in paragraphs 80, 81, 82, 83, 84 and 85 of the
Complaint in the form alleged, and refers all questions of law to the court.
ANSWER TO THE FOURTH CAUSE OF ACTION
9. As to paragraph 86 of the Complaint, defendant realleges the denials contained in
the preceding paragraphs of this Answer.
10. Denies the allegations contained in paragraphs 87, 88, 89, 90, 91, 92, 93, 94, 95 and
96 of the Complaint in the form alleged, and refers all questions of law to the court.
FIRST AFFIRMATIVE DEFENSE
Defendant will seek a reduction of damages, pursuant to C.P.LR. § 1411, et seg., to the
extent that the decedeñt contributed to the alleged injuries by her conduct and/or her assumption of
the risk.
SECOND AFFIRMATIVE DEFENSE
The defendant's alleged liability is limited by C.P.L.R. § 1601, et seg.
2
2 of 4
FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 03/08/2021
THIRD AFFIRMATIVE DEFENSE
Any verdict or judgment should be reduced by the amounts of past or future collateral
source reimbursements of alleged special damages pursuant to C.P.L.R. § 4545(c).
FOURTH AFFIRMATIVE DEFENSE
The court lack personal jurisdiction over the defendant.
WHEREFORE, defendant, ELENA VEZZA, M.D., demands judgment dismissing the
Complaint, a determination of her rights, and judgment against the plaintiffs with costs.
Dated: March 8, 2021
New York, New York
P er R. T Esq.
DW & TAGLIA, ESQS.
Attorneys for Defendant
ELENA VEZZA, M.D.
111 John Street, Suite 620
New York, New York 10038
(212) 227-6000
3
3 of 4
FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 03/08/2021
ATTORNEY'S VERIFICATION
Peter R. Taglia, an attorney duly licensed to practice law in the State of New York, hereby
affirms the following:
I am the attorney of record for the answering defendant. I have read the ANSWER TO
COMPLAINT and know the contents thereof and the same are true to my knowledge, except those
matters therein which are stated to be alleged on information and belief, and as to those matters I
believe them to be true. My belief as to those matters therein not stated upon knowledge is based
upon the following: interview with my client and information maintained in the file.
I make this affirmation instead of the client because she resides and has offices outside of
the County of New York, wherein I maintain my office.
I affirm that the foregoing statements are true under penalties of perjury.
Dated: March 8, 2021
New York, New York
Pet It Taglia, Esq.
4 of 4
Preview
FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 03/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX _____ ------x ANSWER CARLTON L MOITT JR., as Administrator of the Estate of CYNTHIA MOITT, Index No. : Plaintiff, 35921/2020E - against - THROGS NECK OPERATING CO, LLC, THROGS NECK REHABILITATION & NURSING CENTER and ELENA VEZZA, M.D., Defendants. --------------------------------------------- x Defendant, ELENA VEZZA, M.D., by her attorneys, Dwyer & Taglia, Esqs., answers the plaintiff's Complaint as follows: ANSWER TO THE FIRST CAUSE OF ACTION 1. Denies knowledge or information sufficient to answer the allegations contained in paragraphs 1, 2, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 44, 45, 46, 47, 48, 49 and 50 of the Complaint, and refers all questions of law to the court. 2. Denies knowledge or information sufficient to answer the allegations ceñtained in paragraphs 3, 4, 5, 6, 7, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29 of the Complaint except admits that the defendant, THROGS NECK REHABILITATION & NURSING CENTER, was and is residential health care facility located at 707 Throgs Neck Expressway, Bronx, New York, and refers all questions of law to the court. 3. Denies knowledge or information sufficient to answer the allegations contaiñêd in paragraph 10, 11, 12, 15, 16 and 17 of the Complaint except admits that defendant, ELENA VEZZA, M.D., was and is a physician licensed to practice medicine in the State of New York, who was and is affiliated with defendant, THROGS NECK REHABILITATION & NURSING CENTER, and refers all questions of law to the court. 1 of 4 FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 03/08/2021 4. Denies the allegations contained in paragraphs 13, 14, 41, 42 and 43 of the Complaiñt, and refers all questions of law to the court. ANSWER TO THE SECOND CAUSE OF ACTION 5. As to paragraph 51 of the Complaint, defendant realleges the denials contained in the preceding paragraphs of this Answer. 6. Denies the allegations contained in paragraphs 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77 and 78 in the form alleged, and refers all questions of law to the court. ANSWER TO THE THIRD CAUSE OF ACTION 7. As to paragraph 79 of the Complaint, defendant realleges the denials contained in the preceding paragraphs of this Answer. 8. Denies the allegations contained in paragraphs 80, 81, 82, 83, 84 and 85 of the Complaint in the form alleged, and refers all questions of law to the court. ANSWER TO THE FOURTH CAUSE OF ACTION 9. As to paragraph 86 of the Complaint, defendant realleges the denials contained in the preceding paragraphs of this Answer. 10. Denies the allegations contained in paragraphs 87, 88, 89, 90, 91, 92, 93, 94, 95 and 96 of the Complaint in the form alleged, and refers all questions of law to the court. FIRST AFFIRMATIVE DEFENSE Defendant will seek a reduction of damages, pursuant to C.P.LR. § 1411, et seg., to the extent that the decedeñt contributed to the alleged injuries by her conduct and/or her assumption of the risk. SECOND AFFIRMATIVE DEFENSE The defendant's alleged liability is limited by C.P.L.R. § 1601, et seg. 2 2 of 4 FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 03/08/2021 THIRD AFFIRMATIVE DEFENSE Any verdict or judgment should be reduced by the amounts of past or future collateral source reimbursements of alleged special damages pursuant to C.P.L.R. § 4545(c). FOURTH AFFIRMATIVE DEFENSE The court lack personal jurisdiction over the defendant. WHEREFORE, defendant, ELENA VEZZA, M.D., demands judgment dismissing the Complaint, a determination of her rights, and judgment against the plaintiffs with costs. Dated: March 8, 2021 New York, New York P er R. T Esq. DW & TAGLIA, ESQS. Attorneys for Defendant ELENA VEZZA, M.D. 111 John Street, Suite 620 New York, New York 10038 (212) 227-6000 3 3 of 4 FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 03/08/2021 ATTORNEY'S VERIFICATION Peter R. Taglia, an attorney duly licensed to practice law in the State of New York, hereby affirms the following: I am the attorney of record for the answering defendant. I have read the ANSWER TO COMPLAINT and know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief as to those matters therein not stated upon knowledge is based upon the following: interview with my client and information maintained in the file. I make this affirmation instead of the client because she resides and has offices outside of the County of New York, wherein I maintain my office. I affirm that the foregoing statements are true under penalties of perjury. Dated: March 8, 2021 New York, New York Pet It Taglia, Esq. 4 of 4