Preview
FILED: CORTLAND COUNTY CLERK 07/08/2021 01:06 PM INDEX NO. EF21-165
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/08/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CORTLAND
X
CCRNC, CROWN PARK REHABILITATION AND NURSING Index No.: EF21-165
CENTER, CRNC LLC d/b/a CORTLAND PARK
REHABILITATION AND NURSING CENTER,
DEMAND FOR A
Plaintiffs, VERIFIED BILL OF
- against - PARTICULARS
CAROL ALEXANDER and PAUL ALEXANDER,
Defendants.
X
PLEASE TAKE NOTICE, that pursuant §3041, Rules 3042 and 3043 and §3044 of the
Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars upon
the undersigned within twenty (20) days after the receipt of this Demand as to the following items:
1. The date(s) and time(s) of day of the alleged negligent acts and/or omissions
which will be alleged and claimed against the answering plaintiff herein.
2. For each violation alleged under PHL §2801-d, state separately the number
defendants'
of days that will contend that such violation existed.
defendants'
3. For each alleged statutory and/or contractual violation that the
defendants'
contends is actionable under PHL §2801-d separately state the steps that contends the
plaintiff should or could have taken to avoid and/or miniñ1ize such violation.
4. The exact location of the alleged negligent acts, and/or omissions charged
against the answering plaintiff herein.
5. A statemêñt of each and every act of negligence, commission, or omission
which you will claim as the basis of the alleged action against the answering plaintiff herein.
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6. If there are any claims of vicarious liability against the answering plaintiff
herein, state the names of each and every person who performed the acts or failed to act and if the
names are not known, describe them by physical appearaiice or occupation with sufficient clarity
to make ready identification.
7. A stateiiieñt of the accepted medical practices, customs and medical
standards which it is claimed were violated and departed from by the ailswerliig plaintiff herein.
8. State the manner in which the answering plaintiff departed from each of the
above accepted medical practices, customs and standards.
9. State whether or not any claim is made as to improper or defective
equipment, and if so, identify the equipment and state defective conditions.
defendants'
10. If will claim that the answering plaintiff ignored complaints,
signs, symptoms; made an erroileoüs diagnosis; afforded improper treatment; administered
improper and/or contraindicated drugs; administered proper drugs in an incorrect dosage; failed to
take or administer tests, or iniproperly took and administered tests, state:
(a) The complaints, signs and symptoms that the answering plaintiff
ignored;
(b) In what respect the diagnosis was erroneous and incorrect; what the
defendants'
claimed diagnosis is; the point in time that the will claim plaintiff should have made
the correct diagnosis;
(c) The improper treatment that was afforded and in what manner the
said treatment was improperly performed;
(d) The name of each and every improper and/or contraindicated drug;
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(e) The name of each proper drug allegedly administered incorrectly or
in incorrect dosages;
(f) The name of each and every test plaintiff improperly took or
administered and the manner in which each such test was improperly taken or administered.
(g) State whether any indicated medication was not prescribed, not
prescribed timely, or not prescribed in appropriate doses. State the name of the medication and the
time at which it is alleged it should have been prescribed.
defendants'
11. If will claim that the answering plaintiff improperly performed
a surgical procedure orprocedures; performed a surgical procedure that was contraindicated and/or
unnecessary, state:
(a) The name of the surgical procedure and the date that it was
performed;
(b) Set forth what surgical procedures were contraindicated and/or
unnecessary;
(c) In what mãññer the aforesaid surgical procedures were improperly
performed.
12. State:
defendants'
(a) The injuries the suffered as a result of the alleged
negligence and/or malpractice of the answering plaintiff;
(b) Set forth which injuries are claimed to be permanent and in what
respect they are claimed to be pennañent.
defendants'
13. State the length of time the was confined to each of the
following:
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(a) Bed;
(b) House;
(c) Hospital.
defendants'
14. State separately the total amounts claimed by the as special
damages for each of the following:
Physicians'
(a) services with names and addresses of attending
physicians;
Nurses'
(b) services
(c) Medical supplies;
(d) Hospital expenses, with the names and addresses of all hospitals;
(e) Loss of earnings;
(f) Any other expenses.
15. State:
(a) Occupation of the defendants';
(b) Name and address of defendants'; if self-employed, state the address
of his place of employment and the type of business or occupation in which he was êñgaged
immediately prior to the occurrence;
defendants'
(c) The length of time was unable to attend to her
employment;
(d) The amount of money decedent was alleged to have earned during
the year prior to the occurrence.
16. State the date of birth of the defendants'.
17. State the residence address of the defendants'.
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defendants'
18. State forth the Social Security number of each of the and
decedent.
19. Pursuant to Section 4545 of the Civil Practice Law and Rules, state whether
defendants'
or not has been reimbursed for claim of economic loss from any collateral source;
(a) If the answer to the foregoing is in the affirmative, state for which
defendants'
of such claims has been reimbursed, the amount of reimbursenient received and the
name and address of the person, firm or organization form whom such reimbursement was
received.
(b) If such reimbursement was made by an insurance company, state the
number of the policy under which paid.
defendants'
(c) State whether or not has made claim for reimbursenient
for ecchoniic loss to any collateral soüree and which has not yet been paid.
(d) If the answer to the foregoing is in the affirmative, state the name
and address of the person, firm or organization to whom such claim was presented, the date of
presentation, and the amount claimed.
(e) If such claim was presented to an insurance company, state the
number of the policy under which same was made.
20. Set forth the County and State of birth of the defendants', together with the
defendants'
full name at the time of birth.
21. Set forth the social security number of the defendants'.
Dated: White Plains, New York
July 8, 2021
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Yours, etc.
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
By: /s/ Lori Rosen Semlies
Lori Rosen Semlies, Esq.
Attorneys for Plaintiff,
CROWN PARK REHABILITATION AND
NURSING CENTER
1133 Westchester Avenue
White Plains, New York 10604
(914) 323-7000
File No.: 23625.00002
TO: Allan C. VanDeMark, Esq.
WILLIAMSON, CLUNE & STEVENS
Attorneys for Defendants
Office and Post Office Address
317 North Tioga Street, P.O. Box 126
Ithaca, NY 14851
(607) 273-3339
av@weslaw.net
Harvey D. Mervis, Esq.
HINMAN, HOWARD & KATTELL, LLP
Attorneys for Plaintiff
CCRNC
80 Exchange Street
Binghamton, NY 13902
(607) 723-5341
hmervis@hhk.com
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Index No. EF21-165 Lori Semlies
23625.00002
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CORTLAND
CCRNC, CROWN PARK REHABILITATION AND NURSING CENTER, CRNC LLC d/b/a CORTLAND
PARK REHABILITATION AND NURSING CENTER,
Plaintiffs,
- against -
CAROL ALEXANDER and PAUL ALEXANDER,
Defendants.
DEMAND FOR A VERIFIED BILL OF PARTICULARS
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
Attorneys For Defendant, Crown Park Rehabilitation and Nursing Center.
1133 Westeliester Avenue
White Plains, New York 10604-3407
(914) 323-7000
7
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Preview
FILED: CORTLAND COUNTY CLERK 07/08/2021 01:06 PM INDEX NO. EF21-165 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CORTLAND X CCRNC, CROWN PARK REHABILITATION AND NURSING Index No.: EF21-165 CENTER, CRNC LLC d/b/a CORTLAND PARK REHABILITATION AND NURSING CENTER, DEMAND FOR A Plaintiffs, VERIFIED BILL OF - against - PARTICULARS CAROL ALEXANDER and PAUL ALEXANDER, Defendants. X PLEASE TAKE NOTICE, that pursuant §3041, Rules 3042 and 3043 and §3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars upon the undersigned within twenty (20) days after the receipt of this Demand as to the following items: 1. The date(s) and time(s) of day of the alleged negligent acts and/or omissions which will be alleged and claimed against the answering plaintiff herein. 2. For each violation alleged under PHL §2801-d, state separately the number defendants' of days that will contend that such violation existed. defendants' 3. For each alleged statutory and/or contractual violation that the defendants' contends is actionable under PHL §2801-d separately state the steps that contends the plaintiff should or could have taken to avoid and/or miniñ1ize such violation. 4. The exact location of the alleged negligent acts, and/or omissions charged against the answering plaintiff herein. 5. A statemêñt of each and every act of negligence, commission, or omission which you will claim as the basis of the alleged action against the answering plaintiff herein. 20:11:199505 EF21-165 07/08/2021 01:06:21 PM Pages 7 Iz e h La k n ou ty C e k 1 of 7 FILED: CORTLAND COUNTY CLERK 07/08/2021 01:06 PM INDEX NO. EF21-165 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/08/2021 6. If there are any claims of vicarious liability against the answering plaintiff herein, state the names of each and every person who performed the acts or failed to act and if the names are not known, describe them by physical appearaiice or occupation with sufficient clarity to make ready identification. 7. A stateiiieñt of the accepted medical practices, customs and medical standards which it is claimed were violated and departed from by the ailswerliig plaintiff herein. 8. State the manner in which the answering plaintiff departed from each of the above accepted medical practices, customs and standards. 9. State whether or not any claim is made as to improper or defective equipment, and if so, identify the equipment and state defective conditions. defendants' 10. If will claim that the answering plaintiff ignored complaints, signs, symptoms; made an erroileoüs diagnosis; afforded improper treatment; administered improper and/or contraindicated drugs; administered proper drugs in an incorrect dosage; failed to take or administer tests, or iniproperly took and administered tests, state: (a) The complaints, signs and symptoms that the answering plaintiff ignored; (b) In what respect the diagnosis was erroneous and incorrect; what the defendants' claimed diagnosis is; the point in time that the will claim plaintiff should have made the correct diagnosis; (c) The improper treatment that was afforded and in what manner the said treatment was improperly performed; (d) The name of each and every improper and/or contraindicated drug; 2 256290504v.1 2 of 7 FILED: CORTLAND COUNTY CLERK 07/08/2021 01:06 PM INDEX NO. EF21-165 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/08/2021 (e) The name of each proper drug allegedly administered incorrectly or in incorrect dosages; (f) The name of each and every test plaintiff improperly took or administered and the manner in which each such test was improperly taken or administered. (g) State whether any indicated medication was not prescribed, not prescribed timely, or not prescribed in appropriate doses. State the name of the medication and the time at which it is alleged it should have been prescribed. defendants' 11. If will claim that the answering plaintiff improperly performed a surgical procedure orprocedures; performed a surgical procedure that was contraindicated and/or unnecessary, state: (a) The name of the surgical procedure and the date that it was performed; (b) Set forth what surgical procedures were contraindicated and/or unnecessary; (c) In what mãññer the aforesaid surgical procedures were improperly performed. 12. State: defendants' (a) The injuries the suffered as a result of the alleged negligence and/or malpractice of the answering plaintiff; (b) Set forth which injuries are claimed to be permanent and in what respect they are claimed to be pennañent. defendants' 13. State the length of time the was confined to each of the following: 3 256290504v.1 3 of 7 FILED: CORTLAND COUNTY CLERK 07/08/2021 01:06 PM INDEX NO. EF21-165 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/08/2021 (a) Bed; (b) House; (c) Hospital. defendants' 14. State separately the total amounts claimed by the as special damages for each of the following: Physicians' (a) services with names and addresses of attending physicians; Nurses' (b) services (c) Medical supplies; (d) Hospital expenses, with the names and addresses of all hospitals; (e) Loss of earnings; (f) Any other expenses. 15. State: (a) Occupation of the defendants'; (b) Name and address of defendants'; if self-employed, state the address of his place of employment and the type of business or occupation in which he was êñgaged immediately prior to the occurrence; defendants' (c) The length of time was unable to attend to her employment; (d) The amount of money decedent was alleged to have earned during the year prior to the occurrence. 16. State the date of birth of the defendants'. 17. State the residence address of the defendants'. 4 256290504v.1 4 of 7 FILED: CORTLAND COUNTY CLERK 07/08/2021 01:06 PM INDEX NO. EF21-165 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/08/2021 defendants' 18. State forth the Social Security number of each of the and decedent. 19. Pursuant to Section 4545 of the Civil Practice Law and Rules, state whether defendants' or not has been reimbursed for claim of economic loss from any collateral source; (a) If the answer to the foregoing is in the affirmative, state for which defendants' of such claims has been reimbursed, the amount of reimbursenient received and the name and address of the person, firm or organization form whom such reimbursement was received. (b) If such reimbursement was made by an insurance company, state the number of the policy under which paid. defendants' (c) State whether or not has made claim for reimbursenient for ecchoniic loss to any collateral soüree and which has not yet been paid. (d) If the answer to the foregoing is in the affirmative, state the name and address of the person, firm or organization to whom such claim was presented, the date of presentation, and the amount claimed. (e) If such claim was presented to an insurance company, state the number of the policy under which same was made. 20. Set forth the County and State of birth of the defendants', together with the defendants' full name at the time of birth. 21. Set forth the social security number of the defendants'. Dated: White Plains, New York July 8, 2021 5 256290504v.1 5 of 7 FILED: CORTLAND COUNTY CLERK 07/08/2021 01:06 PM INDEX NO. EF21-165 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/08/2021 Yours, etc. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: /s/ Lori Rosen Semlies Lori Rosen Semlies, Esq. Attorneys for Plaintiff, CROWN PARK REHABILITATION AND NURSING CENTER 1133 Westchester Avenue White Plains, New York 10604 (914) 323-7000 File No.: 23625.00002 TO: Allan C. VanDeMark, Esq. WILLIAMSON, CLUNE & STEVENS Attorneys for Defendants Office and Post Office Address 317 North Tioga Street, P.O. Box 126 Ithaca, NY 14851 (607) 273-3339 av@weslaw.net Harvey D. Mervis, Esq. HINMAN, HOWARD & KATTELL, LLP Attorneys for Plaintiff CCRNC 80 Exchange Street Binghamton, NY 13902 (607) 723-5341 hmervis@hhk.com 6 256290504v.1 6 of 7 FILED: CORTLAND COUNTY CLERK 07/08/2021 01:06 PM INDEX NO. EF21-165 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/08/2021 Index No. EF21-165 Lori Semlies 23625.00002 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CORTLAND CCRNC, CROWN PARK REHABILITATION AND NURSING CENTER, CRNC LLC d/b/a CORTLAND PARK REHABILITATION AND NURSING CENTER, Plaintiffs, - against - CAROL ALEXANDER and PAUL ALEXANDER, Defendants. DEMAND FOR A VERIFIED BILL OF PARTICULARS WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Attorneys For Defendant, Crown Park Rehabilitation and Nursing Center. 1133 Westeliester Avenue White Plains, New York 10604-3407 (914) 323-7000 7 256290504v.1 7 of 7