Preview
FILED: BRONX COUNTY CLERK 06/22/2022 09:35 AM INDEX NO. 35921/2020E
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 06/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX ANSWER
--------------------------------------------------------------------x TO AMENDED
CARLTON L MOITT JR., as Administrator of COMPLAINT
the Estate of CYNTHIA MOITT,
Index No. :
Plaintiff, 35921/2020E
- against -
THROGS NECK OPERATING CO, LLC, THROGS NECK
REHABILITATION & NURSING CENTER, WELLMED
MANAGMENT LLC, DR VEZZA MEDICAL SERVICES
P.C., ELENA VEZZA, M.D., JARED COOPER, N.P., and
DIAN NESBETH, N.P.,
Defendants.
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Defendants, ELENA VEZZA, M.D., and DR VEZZA MEDICAL SERVICES P.C., by
their attorneys, Dwyer & Taglia, Esqs., answer the plaintiff's Amended Complaint as follows:
ANSWER TO THE FIRST CAUSE OF ACTION
1. Deny knowledge or information sufficient to answer the allegations contained in
paragraphs 1, 2, 94, 95, 96, 100, 101 and 102 of the Complaint and refer all questions of law to the
court.
2. Deny knowledge or information sufficient to answer the allegations contained in
paragraphs 3, 4, 5, 6, 7, 10, 11, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76 and 77 of the
Complaint except admit 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 refer all questions of law to the court.
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3. Deny knowledge or information sufficient to answer the allegations contained in
paragraphs 8, 9, 12, 13, 14 and 15 of the Amended Complaint except admit that defendant,
WELLMED MANAGEMENT LLC, was a limited liability company and refer all questions of law
to the court.
4. Deny knowledge or information sufficient to answer the allegations contained in
paragraphs 16, 17, 18, 19, 20, 21, 22, 23, 24 and 31 of the Amended Complaint except admit that
defendant, DR VEZZA MEDICAL SERVICES P.C., was and is a professional services
corporation owned by defendant, ELENA VEZZA, M.D., and refer all questions of law to the court.
5. Deny knowledge or information sufficient to answer the allegations contained in
paragraphs 27, 28, 29, 35, 36 and 37 of the Complaint except admit that the defendant, ELENA
VEZZA, M.D., was in is affiliated with the defendant, THROGS NECK REHABILITATION &
NURSING CENTER, and refer all questions of law to the court.
6. Deny the allegations contained in paragraphs 30, 32, 33, 34, 91, 92, 93, 97, 98, 99,
103, 104, 105, 106, 107, 108, 109, 110, 111 and 112 of the Amended Complaint, and refer all
questions of law to the court.
7. Deny knowledge or information sufficient to answer the allegations contained in
paragraphs 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60,
61, 62, 63 and 64 of the Complaint except admit that defendants, JARED COOPER, N.P., and
DIAN NESBETH, N.P., were licensed nurse practitioners in December 2019 and January 2020 who
worked for defendant, DR VEZZA MEDICAL SERVICES, P.C., and who saw patients at
defendant, THROGS NECK REHABILITATION & NURSING CENTER, and refer all questions
of law to the court.
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8. Deny knowledge or information sufficient to answer the allegations contained in
paragraphs 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89 and 90 of the Complaint except admitthat
the decedent was admitted to defendant, THROGS NECK REHABILITATION & NURSING
CENTER, between December 16, 2019 and December 24, 2019during which she received services
rendered by defendants, JARED COOPER, N.P., and DIAN NESBETH, N.P., and refer all
questions of law to the court.
ANSWER TO THE SECOND CAUSE OF ACTION
9. As to paragraph 113 of the Complaint, defendants reallege the denials contained in
the preceding paragraphs of this Answer.
10. Deny knowledge or information sufficient to answer the allegations contained in
paragraphs 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130,
131, 132, 133, 134, 135, 136, 137, 138 and 139 in the form alleged and refer all questions of law to
the court.
ANSWER TO THE THIRD CAUSE OF ACTION
11. As to paragraph 140 of the Amended Complaint, defendants reallege the denials
contained in thepreceding paragraphs of this Answer.
12. Deny the allegations contained in paragraphs 141, 142, 143 and 145 of the
Complaint in the form alleged and refer all questions of law to the court.
ANSWER TO THE FOURTH CAUSE OF ACTION
13. As to paragraph 146 of the Complaint, defendants realleges the denials contained in
the preceding paragraphs of this Answer.
14. Deny the allegations contained in paragraphs 147, 148, 149, 150, 151, 152, 153, 154
and 155 of the Amended Complaint in the form alleged and refer all questions of law to the court.
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FIRST AFFIRMATIVE DEFENSE
Defendants will seek a reduction of damages, pursuant to C.P.L.R. § 1411, et seg., to the
extent that the decedent contributed to the alleged injuries by her conduct and/or her assumption of
the risk.
SECOND AFFIRMATIVE DEFENSE
defendants'
The alleged liability is limited by C.P.L.R. § 1601, et sea.
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.PLR. § 4545(c).
WHEREFORE, defendants, ELENA VEZZA, M.D., and DR VEZZA MEDICAL
SERVICES P.C., demand judgment dismissing the Complaint, a determination of their rights, and
judgment against the plaintiff.
Dated: June 22, 2022
Valhalla, New York
Pe liglia, Esq.
DWYER & TAGLIA, ESQS.
Attorneys for Defendants
ELENA VEZZA, M.D., and
DR VEZZA MEDICAL SERVICES P.C.
115 East Stevens Avenue, Suite 106
Valhalla, New York 10595
(212) 227-6000
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Preview
FILED: BRONX COUNTY CLERK 06/22/2022 09:35 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 06/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX ANSWER --------------------------------------------------------------------x TO AMENDED CARLTON L MOITT JR., as Administrator of COMPLAINT the Estate of CYNTHIA MOITT, Index No. : Plaintiff, 35921/2020E - against - THROGS NECK OPERATING CO, LLC, THROGS NECK REHABILITATION & NURSING CENTER, WELLMED MANAGMENT LLC, DR VEZZA MEDICAL SERVICES P.C., ELENA VEZZA, M.D., JARED COOPER, N.P., and DIAN NESBETH, N.P., Defendants. -------------------------------------------------------------------x Defendants, ELENA VEZZA, M.D., and DR VEZZA MEDICAL SERVICES P.C., by their attorneys, Dwyer & Taglia, Esqs., answer the plaintiff's Amended Complaint as follows: ANSWER TO THE FIRST CAUSE OF ACTION 1. Deny knowledge or information sufficient to answer the allegations contained in paragraphs 1, 2, 94, 95, 96, 100, 101 and 102 of the Complaint and refer all questions of law to the court. 2. Deny knowledge or information sufficient to answer the allegations contained in paragraphs 3, 4, 5, 6, 7, 10, 11, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76 and 77 of the Complaint except admit 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 refer all questions of law to the court. 1 of 4 FILED: BRONX COUNTY CLERK 06/22/2022 09:35 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 06/22/2022 3. Deny knowledge or information sufficient to answer the allegations contained in paragraphs 8, 9, 12, 13, 14 and 15 of the Amended Complaint except admit that defendant, WELLMED MANAGEMENT LLC, was a limited liability company and refer all questions of law to the court. 4. Deny knowledge or information sufficient to answer the allegations contained in paragraphs 16, 17, 18, 19, 20, 21, 22, 23, 24 and 31 of the Amended Complaint except admit that defendant, DR VEZZA MEDICAL SERVICES P.C., was and is a professional services corporation owned by defendant, ELENA VEZZA, M.D., and refer all questions of law to the court. 5. Deny knowledge or information sufficient to answer the allegations contained in paragraphs 27, 28, 29, 35, 36 and 37 of the Complaint except admit that the defendant, ELENA VEZZA, M.D., was in is affiliated with the defendant, THROGS NECK REHABILITATION & NURSING CENTER, and refer all questions of law to the court. 6. Deny the allegations contained in paragraphs 30, 32, 33, 34, 91, 92, 93, 97, 98, 99, 103, 104, 105, 106, 107, 108, 109, 110, 111 and 112 of the Amended Complaint, and refer all questions of law to the court. 7. Deny knowledge or information sufficient to answer the allegations contained in paragraphs 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63 and 64 of the Complaint except admit that defendants, JARED COOPER, N.P., and DIAN NESBETH, N.P., were licensed nurse practitioners in December 2019 and January 2020 who worked for defendant, DR VEZZA MEDICAL SERVICES, P.C., and who saw patients at defendant, THROGS NECK REHABILITATION & NURSING CENTER, and refer all questions of law to the court. 2 2 of 4 FILED: BRONX COUNTY CLERK 06/22/2022 09:35 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 06/22/2022 8. Deny knowledge or information sufficient to answer the allegations contained in paragraphs 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89 and 90 of the Complaint except admitthat the decedent was admitted to defendant, THROGS NECK REHABILITATION & NURSING CENTER, between December 16, 2019 and December 24, 2019during which she received services rendered by defendants, JARED COOPER, N.P., and DIAN NESBETH, N.P., and refer all questions of law to the court. ANSWER TO THE SECOND CAUSE OF ACTION 9. As to paragraph 113 of the Complaint, defendants reallege the denials contained in the preceding paragraphs of this Answer. 10. Deny knowledge or information sufficient to answer the allegations contained in paragraphs 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138 and 139 in the form alleged and refer all questions of law to the court. ANSWER TO THE THIRD CAUSE OF ACTION 11. As to paragraph 140 of the Amended Complaint, defendants reallege the denials contained in thepreceding paragraphs of this Answer. 12. Deny the allegations contained in paragraphs 141, 142, 143 and 145 of the Complaint in the form alleged and refer all questions of law to the court. ANSWER TO THE FOURTH CAUSE OF ACTION 13. As to paragraph 146 of the Complaint, defendants realleges the denials contained in the preceding paragraphs of this Answer. 14. Deny the allegations contained in paragraphs 147, 148, 149, 150, 151, 152, 153, 154 and 155 of the Amended Complaint in the form alleged and refer all questions of law to the court. 3 3 of 4 FILED: BRONX COUNTY CLERK 06/22/2022 09:35 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 06/22/2022 FIRST AFFIRMATIVE DEFENSE Defendants will seek a reduction of damages, pursuant to C.P.L.R. § 1411, et seg., to the extent that the decedent contributed to the alleged injuries by her conduct and/or her assumption of the risk. SECOND AFFIRMATIVE DEFENSE defendants' The alleged liability is limited by C.P.L.R. § 1601, et sea. 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.PLR. § 4545(c). WHEREFORE, defendants, ELENA VEZZA, M.D., and DR VEZZA MEDICAL SERVICES P.C., demand judgment dismissing the Complaint, a determination of their rights, and judgment against the plaintiff. Dated: June 22, 2022 Valhalla, New York Pe liglia, Esq. DWYER & TAGLIA, ESQS. Attorneys for Defendants ELENA VEZZA, M.D., and DR VEZZA MEDICAL SERVICES P.C. 115 East Stevens Avenue, Suite 106 Valhalla, New York 10595 (212) 227-6000 4 4 of 4