Preview
FILED: NEW YORK COUNTY CLERK 04/26/2023 03:22 PM INDEX NO. 160909/2022
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ANNE LORING as Nominated Executor of the Estate of
DAVID LORING, Deceased,
Plaintiff(s),
VERIFIED ANSWER
-against-
Index No.: 160909/2022
MARY MANNING WALSH NURSlNG HOME CO., INC.,
Defendant(s).
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The defendant, THE MARY MANNING WALSH NURSING HOME COMPANY,
INC. s/h/a MARY MANNING WALSH NURSING HOME CO., INC., by its attorneys, LAW
OFFICES OF BENVENUTO & GAUJEAN, answering the complaint of the plaintiff(s), upon
information and belief, respectfully shows to this Court and alleges:
ANSWERING THE FIRST CAUSE OF ACTION:
1. Denies any knowledge or information sufficient to form a belief as to the truth of
"1," "2" "30" plaintiff(s)'
the allegations contained in paragraphs and of the complaint.
2. Denies any knowledge or information sufficient to form a belief as to the truth of
"3" plaintiff(s)'
the allegations in the form alleged contained in paragraph of the complaint,
except admits defendant, THE MARY MANNING WALSH NURSING HOME COMPANY,
INC. s/h/a MARY MANNING WALSH NURSING HOME CO., INC., is a domestic not-for
profit corporation created pursuant to and existing by virtue of the laws of the State of New
York, and refers all questions of fact to the trier of fact and all questions of law to the Court.
"4," "24," "25," "28,"
3. Denies each and every allegation contained in paragraphs
"29," "32," "35," "36," "37," "38," "39" "40" plaintiff(s)'
and of the complaint.
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4. Denies any knowledge or information sufficient to form a belief as to the truth of
"5," "6," "7," "8," "9," "10," "11,"
the allegations in the form alleged contained in paragraphs
"12," "13," "14," "15," "16," "17," "18," "19," "20," "21," "26," "27" "33" plaintiff(s)'
and of the
complaint, and refers all questions of fact to the trier of fact and all questions of law to the Court.
5. Denies each and every allegation in the form alleged contained in paragraphs
"22," "23," "31" "34" plaintiff(s)'
and of the complaint and refers all questions of fact to the
trier of fact and all questions of law to the Court.
ANSWERING THE SECOND CAUSE OF ACTION:
"41" plaintiff(s)'
6. Answering paragraph of the complaint, the answering defendant
repeats, reiterates and realleges each and every denial heretofore made in regard to each and every
plaintiff(s)' "1" "40,"
paragraph contained in the complaint, designated as paragraphs through
inclusive, with the same force and effect as if more fully set forth at length herein.
7. Denies any knowledge or information sufficient to form a belief as to the truth of
"42," "43" "48" plaintiff(s)'
the allegations in the form alleged contained in paragraphs and of the
complaint, and refers all questions of fact to the trier of fact and all questions of law to the Court.
"44," "45," "46," "47,"
8. Denies each and every allegation contained in paragraphs
"49," "50" "51" plaintiff(s)'
and of the complaint.
ANSWERING THE THIRD CAUSE OF ACTION:
"52" plaintiff(s)'
9. Answering paragraph of the complaint, the answering defendant
repeats, reiterates and realleges each and every denial heretofore made in regard to each and every
plaintiff(s)' "1" "51,"
paragraph contained in the complaint, designated as paragraphs through
inclusive, with the same force and effect as if more fully set forth at length herem.
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10. Denies any knowledge or information sufficient to form a belief as to the truth of
"53," "54" "55" plaintiff(s)'
the allegations in the form alleged contained in paragraphs and of the
complaint, and refers all questions of fact to the trier of fact and all questions of law to the Court.
"56," "57," "58"
11. Denies each and every allegation contained in paragraphs and
"59" plaintiff(s)'
of the complaint.
ANSWERING THE FOURTH CAUSE OF ACTION:
"60" plaintiff(s)'
12. Answering paragraph of the complaint, the answering defendant
repeats, reiterates and realleges each and every denial heretofore made in regard to each and every
plaintiff(s)' "1" "59,"
paragraph contained in the complaint, designated as paragraphs through
inclusive, with the same force and effect as if more fully set forth at length herein.
"61," "62," 63," "64,"
13. Denies each and every allegation contained in paragraphs
"65," "66" "67" plaintiff(s)'
and of the complaint.
ANSWERING THE FIFTH CAUSE OF ACTION:
"68" plaintiff(s)'
14. Answering paragraph of the complaint, the answering defendant
repeats, reiterates and realleges each and every denial heretofore made in regard to each and every
plaintiff(s)' "1" "67,"
paragraph contained in the complaint, designated as paragraphs through
inclusive, with the same force and effect as if more fully set forth at length herein.
"69," "70," "71," "72,"
15. Denies each and every allegation contained in paragraphs
"73" "74" plaintiff(s)'
and of the complaint.
16. Any paragraph not answered is deemed denied.
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AS AND FOR A FIRST DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
17. The alleged causes of action set forth in the complaint did not accrue within the
applicable statutory period preceding the commencement of said actions, and said actions are
barred by the statute of limitations.
AS AND FOR A SECOND DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
18. That the answering defendant(s) reserve(s) the right to claim the limitations of
pursuant to Article 16 of the for herein the plaintiff for non-
liability CPLR, any recovery by
economic loss.
AS AND FOR A THIRD DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
19. That any injuries sustained by plaintiff(s) at the time and place mentioned in the
complaint were caused solely and wholly by reason of the carelessness, negligence, recklessness
and acts or omissions on the part of the plaintiff and were not caused or contributed to by reason
of any carelessness, negligence, recklessness or acts or omissions on the part of this answering
defendant.
AS AND FOR A FOURTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
20. That a certificate of merit in compliance with CPLR 3012-a did not accompany
plaintiff(s)'
complaint.
AS AND FOR A FIFTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
21. The plaintiffs, as set forth in the caption, lack the legal capacity to commence this
action. Therefore, the complaint must be dismissed.
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..
AS AND FOR A SIXTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
22. The plaintiff(s) complaint fails to state a cause of action as against this answering
defendant upon which relief can be granted.
AS AND FOR A SEVENTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
23. In the event plaintiffs recover a verdict or judgment against defendants, such verdict
or judgment must be reduced pursuant to '4545 of the CPLR by those amounts which have been,
or will, with reasonable certainty replace or indemnify plaintiffs in whole or in part, for any past
or future claimed economic loss, from any collateral source.
AS AND FOR AN EIGHTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
24. The defendant asserts the defense of set-off to reduce the plaintiff's claims under
'15-108 of the General Obligations Law.
AS AND FOR A NINTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
25. If plaintiff is entitled to recover damages for loss of earnings or impairment of
earning ability as against defendant, THE MARY MANNING WALSH NURSING HOME
COMPANY, INC. s/h/a MARY MANNING WALSH NURSING HOME CO., INC., by
reason of the matters alleged in the Complaint, liability for which is hereby denied, then pursuant
to CPLR §4546 the amount of damages recoverable against said defendant, if any, shall be reduced
by the amount of federal, state and local income taxes which the plaintiff would have been
obligated by law to pay.
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AS AND FOR A TENTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
26. If the plaintiff was caused to sustain personal injuries and resulting damages at the
time and place set forth in the plaintiff=s complaint and in the manner alleged therein through any
carelessness, recklessness, acts, omissions, negligence and/or breaches of duty and/or warranty
and/or contract other than of the plaintiff then the said injuries and damages arose out of the several
and joint carelessness, recklessness, acts, omissions, negligence and breaches of duty and/or
obligation and/or statute, and/or warranty, and/or contract in fact or implied in law, upon the part
of non-parties subject to in-personam jurisdiction, and if this pleading defendant is found negligent
as to the plaintiff for the injuries and damages set forth in the plaintiff=s complaint, then and in
that event, the relative responsibilities of said pleading defendant must be apportioned by the
percentage of liability of said non-parties subject to in-personam jurisdiction.
AS AND FOR AN ELEVENTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
27. At all times, defendant, THE MARY MANNING WALSH NURSING HOME
COMPANY, INC. s/h/a MARY MANNING WALSH NURSING HOME CO., INC.,
complied with all applicable Federal and State Rules, Regulations, Codes, Ordinances and
Statutes.
AS AND FOR A TWELFTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
28. At all times, defendant, THE MARY MANNING WALSH NURSING HOME
C OMPANY, INC. s/h/a MARY MANNING WALSH NURSING HOME CO., INC.,
complied with the provisions of New York State Public Health Law Section 2801-d and exercised
all care reasonably necessary. Plaintiff's cause of action relative to Public Health Law Section
2801-d should be dismissed in its entirety.
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AS AND FOR A THIRTEENTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
29. The answering defendant has complied with all of the rights and responsibilities as
set forth in Public Health Law § 2803-C, therefore, the plaintiff's Complaint should be dismissed.
AS AND FOR A FOURTEENTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
30. The answering defendant exercised all care reasonably necessary to prevent and
limit any claimed deprivation and/or injury to the patient.
WHEREFORE, the defendant, THE MARY MANNING WALSH NURSING HOME
COMPANY, INC. s/h/a MARY MANNING WALSH NURSING HOME CO., INC., demands
plaintiff(s)'
judgment dismissing the complaint with the costs and disbursements of this action.
Dated: Roslyn, New York
April 26, 2023
Yours, etc.,
LAW OFFICES OF
BENVENUTO & GAUJEAN
Attorneys for Defendant
THE MARY MANNING WALSH
NURSING HOME COMPANY, INC.
s/h/a MARY MANNING WALSH
NURSING HOME CO., INC.
1800 Northern Boulevard
Roslyn, New York 11576
(516) 775-2236
TO: LEITNER VARUGHESE WARYWOODA PLLC
Attorneys for Plaintiff
425 Broadhollow Road, Suite 417
Melville, New York 11747
(631) 240-4390
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ATTORNEY'S VERIFICATION
MICHAEL C. MAHER an attorney duly admitted and licensed to practice in the courts
of this State affirms the following pursuant to CPLR 2106:
I am the attorney for the defendant, THE MARY MANNING WALSH NURSING
HOME COMPANY, INC. s/h/a MARY MANNING WALSH NURSING HOME CO.,
INC., herein; and I have read the foregoing answer and know the contents thereof; that the same
is true to my own knowledge except as to the matters therein stated to be alleged upon
information and belief, and that as to those matters, I believe them to be true.
That the reason this verification is made by your affirmant and not by the defendant
personally is, that the defendant is not within the county where your affirmant has an office.
That the sources of your affirmant's information and the grounds of his belief as to the
matters so alleged herein are investigations had by the defendant, its agents, servants and
representatives into the subject matter hereof and correspondence relating thereto, reports of
which investigations and copies of which correspondence are in the possession of your affirmant.
Dated: Roslyn, New York
April 26, 2023
MIC AEL C. MAHER
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ANNE LORING as Nominated Executor of the Estate of
DAVID LORING, Deceased,
Plaintiff(s), DEMAND FOR
AUTHORIZATIONS
-against-
Index No.: 160909/2022
MARY MANNING WALSH NURSING HOME CO., INC.,
Defendant(s).
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S I R S:
PLEASE TAKE NOTICE that, within twenty (20) days from the date hereof, you are
required to serve the undersigned with duly executed authorizations, which include the address
of the party to whom the authorizations apply, permitting LAW OFFICES OF BENVENUTO &
GAUJEAN, or their authorized representatives, to obtain copies of the records of:
1. all collateral sources;
2. employment records;
3. pharmacy records;
4. physical therapy records;
5. all prior and subsequent treating physicians and facilities;
6. Internal Revenue Service Form 4506, 1099's, W-2's for the past 5 years with two
forms of identification;
7. Medicare;
8. Medicaid;
9. Workers Compensation;
10. all health care insurers;
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11. Medical Examiner;
12. any and all orthopedists;
13. primary care physician;
14, any and all oncologists and
15. Duly executed HIPAA complaint authorizations for the release of records
pertaining to the autopsy performed upon the decedent, including but not limited
to:
a. The Office of the Medical Examiner, for the complete file including but
noted limited to:
i. autopsy report
ii. complete medical examiner's case file
iii. photographs: Scene, Identification, Autopsy (kodachromes)
iv. pathology slides, all notes and photographs of decedent
v. recut slides
vi. viewing of microscopic slides/stock jars by pathologist
b. Said authorizations must have section 9(a) initialled allowing disclosure of
alcohol/Drug Treatment, Mental Health Information, and HIV-Related
Information.
PLEASE TAKE FURTHER NOTICE that, with respect to all authorizations for
medical/hospital/healthcare records, the authorizations must comply with Federal HIPAA
regulations.
Dated: Roslyn, New York
April 26, 2023
Yours, etc.,
LAW OFFICES OF
BENVENUTO & GAUJEAN
Attorneys for Defendant
THE MARY MANNING WALSH
NURSING HOME COMPANY, INC.
s/h/a MARY MANNING WALSH
NURSING HOME CO., INC.
Preview
FILED: NEW YORK COUNTY CLERK 04/26/2023 03:22 PM INDEX NO. 160909/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------x ANNE LORING as Nominated Executor of the Estate of DAVID LORING, Deceased, Plaintiff(s), VERIFIED ANSWER -against- Index No.: 160909/2022 MARY MANNING WALSH NURSlNG HOME CO., INC., Defendant(s). --------------------------------------------------------------------x The defendant, THE MARY MANNING WALSH NURSING HOME COMPANY, INC. s/h/a MARY MANNING WALSH NURSING HOME CO., INC., by its attorneys, LAW OFFICES OF BENVENUTO & GAUJEAN, answering the complaint of the plaintiff(s), upon information and belief, respectfully shows to this Court and alleges: ANSWERING THE FIRST CAUSE OF ACTION: 1. Denies any knowledge or information sufficient to form a belief as to the truth of "1," "2" "30" plaintiff(s)' the allegations contained in paragraphs and of the complaint. 2. Denies any knowledge or information sufficient to form a belief as to the truth of "3" plaintiff(s)' the allegations in the form alleged contained in paragraph of the complaint, except admits defendant, THE MARY MANNING WALSH NURSING HOME COMPANY, INC. s/h/a MARY MANNING WALSH NURSING HOME CO., INC., is a domestic not-for profit corporation created pursuant to and existing by virtue of the laws of the State of New York, and refers all questions of fact to the trier of fact and all questions of law to the Court. "4," "24," "25," "28," 3. Denies each and every allegation contained in paragraphs "29," "32," "35," "36," "37," "38," "39" "40" plaintiff(s)' and of the complaint. 1 of 46 FILED: NEW YORK COUNTY CLERK 04/26/2023 03:22 PM INDEX NO. 160909/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/26/2023 4. Denies any knowledge or information sufficient to form a belief as to the truth of "5," "6," "7," "8," "9," "10," "11," the allegations in the form alleged contained in paragraphs "12," "13," "14," "15," "16," "17," "18," "19," "20," "21," "26," "27" "33" plaintiff(s)' and of the complaint, and refers all questions of fact to the trier of fact and all questions of law to the Court. 5. Denies each and every allegation in the form alleged contained in paragraphs "22," "23," "31" "34" plaintiff(s)' and of the complaint and refers all questions of fact to the trier of fact and all questions of law to the Court. ANSWERING THE SECOND CAUSE OF ACTION: "41" plaintiff(s)' 6. Answering paragraph of the complaint, the answering defendant repeats, reiterates and realleges each and every denial heretofore made in regard to each and every plaintiff(s)' "1" "40," paragraph contained in the complaint, designated as paragraphs through inclusive, with the same force and effect as if more fully set forth at length herein. 7. Denies any knowledge or information sufficient to form a belief as to the truth of "42," "43" "48" plaintiff(s)' the allegations in the form alleged contained in paragraphs and of the complaint, and refers all questions of fact to the trier of fact and all questions of law to the Court. "44," "45," "46," "47," 8. Denies each and every allegation contained in paragraphs "49," "50" "51" plaintiff(s)' and of the complaint. ANSWERING THE THIRD CAUSE OF ACTION: "52" plaintiff(s)' 9. Answering paragraph of the complaint, the answering defendant repeats, reiterates and realleges each and every denial heretofore made in regard to each and every plaintiff(s)' "1" "51," paragraph contained in the complaint, designated as paragraphs through inclusive, with the same force and effect as if more fully set forth at length herem. 2 of 46 FILED: NEW YORK COUNTY CLERK 04/26/2023 03:22 PM INDEX NO. 160909/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/26/2023 10. Denies any knowledge or information sufficient to form a belief as to the truth of "53," "54" "55" plaintiff(s)' the allegations in the form alleged contained in paragraphs and of the complaint, and refers all questions of fact to the trier of fact and all questions of law to the Court. "56," "57," "58" 11. Denies each and every allegation contained in paragraphs and "59" plaintiff(s)' of the complaint. ANSWERING THE FOURTH CAUSE OF ACTION: "60" plaintiff(s)' 12. Answering paragraph of the complaint, the answering defendant repeats, reiterates and realleges each and every denial heretofore made in regard to each and every plaintiff(s)' "1" "59," paragraph contained in the complaint, designated as paragraphs through inclusive, with the same force and effect as if more fully set forth at length herein. "61," "62," 63," "64," 13. Denies each and every allegation contained in paragraphs "65," "66" "67" plaintiff(s)' and of the complaint. ANSWERING THE FIFTH CAUSE OF ACTION: "68" plaintiff(s)' 14. Answering paragraph of the complaint, the answering defendant repeats, reiterates and realleges each and every denial heretofore made in regard to each and every plaintiff(s)' "1" "67," paragraph contained in the complaint, designated as paragraphs through inclusive, with the same force and effect as if more fully set forth at length herein. "69," "70," "71," "72," 15. Denies each and every allegation contained in paragraphs "73" "74" plaintiff(s)' and of the complaint. 16. Any paragraph not answered is deemed denied. 3 of 46 FILED: NEW YORK COUNTY CLERK 04/26/2023 03:22 PM INDEX NO. 160909/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/26/2023 AS AND FOR A FIRST DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 17. The alleged causes of action set forth in the complaint did not accrue within the applicable statutory period preceding the commencement of said actions, and said actions are barred by the statute of limitations. AS AND FOR A SECOND DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 18. That the answering defendant(s) reserve(s) the right to claim the limitations of pursuant to Article 16 of the for herein the plaintiff for non- liability CPLR, any recovery by economic loss. AS AND FOR A THIRD DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 19. That any injuries sustained by plaintiff(s) at the time and place mentioned in the complaint were caused solely and wholly by reason of the carelessness, negligence, recklessness and acts or omissions on the part of the plaintiff and were not caused or contributed to by reason of any carelessness, negligence, recklessness or acts or omissions on the part of this answering defendant. AS AND FOR A FOURTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 20. That a certificate of merit in compliance with CPLR 3012-a did not accompany plaintiff(s)' complaint. AS AND FOR A FIFTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 21. The plaintiffs, as set forth in the caption, lack the legal capacity to commence this action. Therefore, the complaint must be dismissed. 4 of 46 FILED: NEW YORK COUNTY CLERK 04/26/2023 03:22 PM INDEX NO. 160909/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/26/2023 .. AS AND FOR A SIXTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 22. The plaintiff(s) complaint fails to state a cause of action as against this answering defendant upon which relief can be granted. AS AND FOR A SEVENTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 23. In the event plaintiffs recover a verdict or judgment against defendants, such verdict or judgment must be reduced pursuant to '4545 of the CPLR by those amounts which have been, or will, with reasonable certainty replace or indemnify plaintiffs in whole or in part, for any past or future claimed economic loss, from any collateral source. AS AND FOR AN EIGHTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 24. The defendant asserts the defense of set-off to reduce the plaintiff's claims under '15-108 of the General Obligations Law. AS AND FOR A NINTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 25. If plaintiff is entitled to recover damages for loss of earnings or impairment of earning ability as against defendant, THE MARY MANNING WALSH NURSING HOME COMPANY, INC. s/h/a MARY MANNING WALSH NURSING HOME CO., INC., by reason of the matters alleged in the Complaint, liability for which is hereby denied, then pursuant to CPLR §4546 the amount of damages recoverable against said defendant, if any, shall be reduced by the amount of federal, state and local income taxes which the plaintiff would have been obligated by law to pay. 5 of 46 FILED: NEW YORK COUNTY CLERK 04/26/2023 03:22 PM INDEX NO. 160909/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/26/2023 AS AND FOR A TENTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 26. If the plaintiff was caused to sustain personal injuries and resulting damages at the time and place set forth in the plaintiff=s complaint and in the manner alleged therein through any carelessness, recklessness, acts, omissions, negligence and/or breaches of duty and/or warranty and/or contract other than of the plaintiff then the said injuries and damages arose out of the several and joint carelessness, recklessness, acts, omissions, negligence and breaches of duty and/or obligation and/or statute, and/or warranty, and/or contract in fact or implied in law, upon the part of non-parties subject to in-personam jurisdiction, and if this pleading defendant is found negligent as to the plaintiff for the injuries and damages set forth in the plaintiff=s complaint, then and in that event, the relative responsibilities of said pleading defendant must be apportioned by the percentage of liability of said non-parties subject to in-personam jurisdiction. AS AND FOR AN ELEVENTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 27. At all times, defendant, THE MARY MANNING WALSH NURSING HOME COMPANY, INC. s/h/a MARY MANNING WALSH NURSING HOME CO., INC., complied with all applicable Federal and State Rules, Regulations, Codes, Ordinances and Statutes. AS AND FOR A TWELFTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 28. At all times, defendant, THE MARY MANNING WALSH NURSING HOME C OMPANY, INC. s/h/a MARY MANNING WALSH NURSING HOME CO., INC., complied with the provisions of New York State Public Health Law Section 2801-d and exercised all care reasonably necessary. Plaintiff's cause of action relative to Public Health Law Section 2801-d should be dismissed in its entirety. 6 of 46 FILED: NEW YORK COUNTY CLERK 04/26/2023 03:22 PM INDEX NO. 160909/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/26/2023 AS AND FOR A THIRTEENTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 29. The answering defendant has complied with all of the rights and responsibilities as set forth in Public Health Law § 2803-C, therefore, the plaintiff's Complaint should be dismissed. AS AND FOR A FOURTEENTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 30. The answering defendant exercised all care reasonably necessary to prevent and limit any claimed deprivation and/or injury to the patient. WHEREFORE, the defendant, THE MARY MANNING WALSH NURSING HOME COMPANY, INC. s/h/a MARY MANNING WALSH NURSING HOME CO., INC., demands plaintiff(s)' judgment dismissing the complaint with the costs and disbursements of this action. Dated: Roslyn, New York April 26, 2023 Yours, etc., LAW OFFICES OF BENVENUTO & GAUJEAN Attorneys for Defendant THE MARY MANNING WALSH NURSING HOME COMPANY, INC. s/h/a MARY MANNING WALSH NURSING HOME CO., INC. 1800 Northern Boulevard Roslyn, New York 11576 (516) 775-2236 TO: LEITNER VARUGHESE WARYWOODA PLLC Attorneys for Plaintiff 425 Broadhollow Road, Suite 417 Melville, New York 11747 (631) 240-4390 7 of 46 FILED: NEW YORK COUNTY CLERK 04/26/2023 03:22 PM INDEX NO. 160909/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/26/2023 ATTORNEY'S VERIFICATION MICHAEL C. MAHER an attorney duly admitted and licensed to practice in the courts of this State affirms the following pursuant to CPLR 2106: I am the attorney for the defendant, THE MARY MANNING WALSH NURSING HOME COMPANY, INC. s/h/a MARY MANNING WALSH NURSING HOME CO., INC., herein; and I have read the foregoing answer and know the contents thereof; that the same is true to my own knowledge except as to the matters therein stated to be alleged upon information and belief, and that as to those matters, I believe them to be true. That the reason this verification is made by your affirmant and not by the defendant personally is, that the defendant is not within the county where your affirmant has an office. That the sources of your affirmant's information and the grounds of his belief as to the matters so alleged herein are investigations had by the defendant, its agents, servants and representatives into the subject matter hereof and correspondence relating thereto, reports of which investigations and copies of which correspondence are in the possession of your affirmant. Dated: Roslyn, New York April 26, 2023 MIC AEL C. MAHER 8 of 46 FILED: NEW YORK COUNTY CLERK 04/26/2023 03:22 PM INDEX NO. 160909/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------x ANNE LORING as Nominated Executor of the Estate of DAVID LORING, Deceased, Plaintiff(s), DEMAND FOR AUTHORIZATIONS -against- Index No.: 160909/2022 MARY MANNING WALSH NURSING HOME CO., INC., Defendant(s). ---------------------------------------------------------------------x S I R S: PLEASE TAKE NOTICE that, within twenty (20) days from the date hereof, you are required to serve the undersigned with duly executed authorizations, which include the address of the party to whom the authorizations apply, permitting LAW OFFICES OF BENVENUTO & GAUJEAN, or their authorized representatives, to obtain copies of the records of: 1. all collateral sources; 2. employment records; 3. pharmacy records; 4. physical therapy records; 5. all prior and subsequent treating physicians and facilities; 6. Internal Revenue Service Form 4506, 1099's, W-2's for the past 5 years with two forms of identification; 7. Medicare; 8. Medicaid; 9. Workers Compensation; 10. all health care insurers; 9 of 46 FILED: NEW YORK COUNTY CLERK 04/26/2023 03:22 PM INDEX NO. 160909/2022 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/26/2023 11. Medical Examiner; 12. any and all orthopedists; 13. primary care physician; 14, any and all oncologists and 15. Duly executed HIPAA complaint authorizations for the release of records pertaining to the autopsy performed upon the decedent, including but not limited to: a. The Office of the Medical Examiner, for the complete file including but noted limited to: i. autopsy report ii. complete medical examiner's case file iii. photographs: Scene, Identification, Autopsy (kodachromes) iv. pathology slides, all notes and photographs of decedent v. recut slides vi. viewing of microscopic slides/stock jars by pathologist b. Said authorizations must have section 9(a) initialled allowing disclosure of alcohol/Drug Treatment, Mental Health Information, and HIV-Related Information. PLEASE TAKE FURTHER NOTICE that, with respect to all authorizations for medical/hospital/healthcare records, the authorizations must comply with Federal HIPAA regulations. Dated: Roslyn, New York April 26, 2023 Yours, etc., LAW OFFICES OF BENVENUTO & GAUJEAN Attorneys for Defendant THE MARY MANNING WALSH NURSING HOME COMPANY, INC. s/h/a MARY MANNING WALSH NURSING HOME CO., INC.