Preview
FILED: NASSAU COUNTY CLERK 11/01/2023 04:26 PM INDEX NO. 614075/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 11/01/2023
SSUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
x
NICHOLAS JAMES RYAN,
Plaintiff, VERIFIED ANSWER
- against - Index No. 614075/2023
ELIZABETH S. LUSTRIN, M.D., CHRISTOPHER
R. WILKINS, M.D., BHUMIKA BALGOBIN,
M.D., MARLON SELIGER, M.D., AJAY K.
MISRA, M.D., SUCHISMITA DATTA, M.D.,
NYU LANGONE RADIOLOGY ASSOCIATES,
NYU LANGONE AMBULATORY CARE EAST
MEADOW, ADVANCED NEUROLOGICAL
SERVICES OF LONG ISLAND, P.C., NYU
EMERGENCY MEDICINE, NYU LANGONE
HOSPITAL-LONG ISLAND F/K/A NYU
WINTHROP HOSPITAL and NYU LANGONE
HEALTH SYSTEM,
Defendants.
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Counselors:
Defendant, NYU LANGONE HOSPITALS s/h/a NYU LANGONE HOSPITAL
LONG ISLAND f/k/a NYU WINTHROP HOSPITAL, by its attorneys, AARONSON
RAPPAPORT FEINSTEIN & DEUTSCH, LLP, as and for its Answer to Plaintiff’s Summons &
Complaint, respectfully shows to this Court and alleges upon information and belief:
AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION
1. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations contained in paragraphs “4”, “5”, “6” and “7”.
2. Denies the allegations contained in paragraphs “1”, “2,” “3”, “35”, “136” and “155”
in the form alleged except admits defendant, ELIZABETH S. LUSTRIN, M.D., is a physician duly
licensed to practice medicine in the State of New York, who at all times acted in accordance with good
and accepted medical practice, and respectfully refers all questions of law to this Honorable Court.
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3. Denies the allegations contained in paragraphs “8”, “9”, “10”, “14”, “15”, “16”,
“17”, “18”, “19”, “20”, “21”, “24”, “25”, “26”, ”27”, “28”, “29”, “30”, “34”, “35”, “36”, “37”,
“38”, “39”, “40”, “44”, “45”, “46”, “47”, “48”, “49”, “50”, “54”, “55”, “56”, “57”, “58”, “59”,
“60”, “61”, “62”, “63”, “64”, “65”, “66”, “67”, “68”, “69”, “70”, “71”, “72”, “73”, “74”, “76”,
“77”, “78”, “79”, “80”, “81”, “82”, “83”, “84”, “85”, “86”, “87”, ”88”, “89”, “93”, “94”, “95”,
“96”, “97”, “98”, “99”, “100”, “101”, “102”, “103”, “104”, “105”, “106”, “108”, “109”, “110”,
“111”, “112”, “113”, “114”, “115”, “116”, “117”, “118”, “119”, “120”, “121”, “135”, “142”,
“143”, “144”, “145”, “146”, “147”, “148”, “149”, “150”, “151”, “152”, “153” and “154” in the
form alleged, and respectfully refers all questions of law to this Honorable Court.
4. Denies the allegations contained in paragraphs “11”, “12”, “13”, “90”, “137” and
“156” in the form alleged, except admits that defendant, CHRISTOPHER WILKINS, M.D., is a
physician duly licensed to practice medicine in the State of New York who at all times acted in accordance
with good and accepted medical practice, and respectfully refers all questions of law to this
Honorable Court.
5. Denies the allegations contained in paragraphs “21”, “22”, “23”, “91”, “138” and
“157” in the form alleged, except admits that defendant, BHUMIKA BALGOBIN, M.D., is a
physician duly licensed to practice medicine in the State of New York who at all times acted in accordance
with good and accepted medical practice, and respectfully refers all questions of law to this
Honorable Court.
6. Denies the allegations contained in paragraphs “31”, “32”, “33”, “92”, “139” and
“158” in the form alleged, except admits that defendant, MARLON SELIGER, M.D., is a physician
duly licensed to practice medicine in the State of New York who at all times acted in accordance with
good and accepted medical practice, and respectfully refers all questions of law to this Honorable
Court.
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7. Denies the allegations contained in paragraphs “41”, “42”, “43”, “107”, “140” and
“159” in the form alleged, except admits that defendant, AJAY K. MISRA, M.D., is a physician
duly licensed to practice medicine in the State of New York who at all times acted in accordance with
good and accepted medical practice, and respectfully refers all questions of law to this Honorable
Court.
8. Denies the allegations contained in paragraphs “51”, “52”, “53”, “122”, “141” and
“160” in the form alleged, except admits that defendant, SUCHISMITA DATTA, M.D., is a
physician duly licensed to practice medicine in the State of New York who at all times acted in accordance
with good and accepted medical practice, and respectfully refers all questions of law to this
Honorable Court.
9. 4. Denies the allegations contained in paragraphs “123”, “124”, “125”, “126”,
“127”, “128”, “129”, “130”, “131”, “132”, “133” and “134 in the form alleged, except admits that
defendant, NYU LANGONE HOSPITALS s/h/a NYU LANGONE HOSPITAL LONG ISLAND
f/k/a NYU WINTHROP HOSPITAL, is a domestic not-for-profit corporation doing business in
the State of New York, and is a fully accredited hospital in the State of New York, which employs
various individuals in its capacity as a hospital, who at all times acted in accordance with good
and accepted medical practice, and respectfully refers all questions of law to this Honorable Court.
10. Denies the allegations contained in paragraphs “161”, “162”, “163”, “164”, “165”,
“166”, “167”, “168”, “169”, “170”, “171”, “172”, “173”, “174”, “175”, “176”, “177”, “178”,
“179”, “180”, “181”, “182”, “183”, “184”, “185”, “186”, “187”, “188”, “189”, “190”, “191”,
“192”, “193”, “194”, “195”, “196”, “197”, “198”, “199”, “200”, “201”, “202”, “203”, “204”,
“205”, “206”, “207”, “208” and “209” in the form alleged, and respectfully refers to the hospital
records for the dates and specifics of treatment, and respectfully refers all questions of law to this
Honorable Court.
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11. Denies the allegations contained in paragraphs “210”, “211”, “212”, “213”, “214”,
“215”, “216” and “217”.
AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION
12. In response to paragraph “218”, repeats those admissions and denials contained in
paragraphs “1” through “217” herein as though fully set forth hereat.
13. Denies the allegations contained in paragraphs “219”, “220”, “221”, “222”, “223”,
“224”, “225”, “226”, “227”, “228” and “229”.
AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION
14. In response to paragraph “230”, repeats those admissions and denials contained in
paragraphs “1” through “129” herein as though fully set forth hereat.
15. Denies the allegations contained in paragraphs “231”, “232”, “233” and “234”, in
the form alleged, except admits that at all times defendants acted in accordance with good and
accepted medical practice, and respectfully refers all questions of law to this Honorable Court.
16. Denies the allegations contained in paragraphs “235”, “236”, “237”, “238” and
“239”.
AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION
17. In response to paragraph “240”, repeats those admissions and denials contained in
paragraphs “1” through “239” herein as though fully set forth hereat.
18. Denies the allegations contained in paragraphs “241:”, “242”, “243”, “244”, “245”,
“246”, “247”, “248” and “249”, in the form alleged, and respectfully refers all questions of law to
this Honorable Court.
19. Denies the allegations contained in paragraph “250”.
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FIRST AFFIRMATIVE DEFENSE
20. The answering defendant(s) assert those applicable defenses for which provision is
made at Public Health Law §2805-d.
SECOND AFFIRMATIVE DEFENSE
21. The liability of the answering defendant(s), if any, is limited pursuant to CPLR
Article 16.
THIRD AFFIRMATIVE DEFENSE
22. That the plaintiff has been or will be compensated in whole or in part for the
damages claimed in the complaint by a collateral source of payment as set forth in CPLR §4545.
FOURTH AFFIRMATIVE DEEFENSE
23. Plaintiff’s right to recover damages, if any, are barred in whole or in part pursuant
to the Patient Protection and Affordable Care Act, 26 USCS Section 5000A.
FIFTH AFFIRMATIVE DEFENSE
24. Plaintiff’s Fourth Cause of Action fails to state a cognizable claim.
COVID AFFIRMATIVE DEFENSES
SIXTH AFFIRMATIVE DEFENSE
25. Upon information and belief, Answering Defendants were not negligent, as their
acts and/or alleged omissions were reasonable and prudent pursuant to the emergency doctrine and
did not create the emergency that formed the context for said acts and/or alleged omissions.
SEVENTH AFFIRMATIVE DEFENSE
26. These Answering Defendants object to all punitive language, as Answering
Defendants were not negligent, careless, or reckless. Answering Defendants reserve their right to
strike any and all punitive language from the Complaint and all future pleadings.
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EIGHTH AFFIRMATIVE DEFENSE
27. Upon information and belief, plaintiff lacks legal capacity to bring the within
lawsuit.
NINTH AFFIRMATIVE DEFENSE
28. These Answering Defendants are immune from liability for the acts, omissions, and
injuries alleged in the Complaint, pursuant to Executive Orders (A. Cuomo) 202 et seq. (N.Y.
Comp. Codes R. & Regs. tit. 9, § 8.202 et seq.), including but not limited to Executive Order (A.
Cuomo) 202.10 (N.Y. Comp. Codes R. & Regs. tit. 9, § 8.202.10 et seq.), and/or the Emergency
or Disaster Treatment Protection Act ("EDTPA") (Public Health Law Article 30-D).
TENTH AFFIRMATIVE DEFENSE
29. These Answering Defendants are immune from liability for the acts, omissions, and
injuries alleged in the Complaint, pursuant to the United States Public Readiness and Emergency
Preparedness ("PREP") Act (42 U.S.C.A. §247d-6d et seq.) and/or the Coronavirus Aid, Relief,
and Economic Security ("CARES") Act of 2020, §4113c (42 U.S.C.A. §247d-6d[i][1], as added
by Pub. L. 116-136, 116 U.S. Stat. 3548).
ELEVENTH AFFIRMATIVE DEFENSE
30. Plaintiff's state law claims must be dismissed, as they are preempted by the United
States Public Readiness and Emergency Preparedness ("PREP") Act (42 U.S.C.A. §247d-6d et
seq.) and/or the Coronavirus Aid, Relief, and Economic Security ("CARES") Act of 2020, §4113c
(42 U.S.C.A. §247d-6d[i][1], as added by Pub. L. 116-136, 116 U.S. Stat. 3548).
TWELFTH AFFIRMATIVE DEFENSE
31. This Court lacks jurisdiction over the subject matter of plaintiff's claims, pursuant
to the United States Public Readiness and Emergency Preparedness ("PREP") Act (42 U.S.C.A.
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§247d-6d et seq.) and/or the Coronavirus Aid, Relief, and Economic Security ("CARES") Act of
2020, §4113c (42 U.S.C.A. §247d-6d[i][1], as added by Pub. L. 116-136, 116 U.S. Stat. 3548).
WHEREFORE, NYU LANGONE HOSPITALS s/h/a NYU LANGONE HOSPITAL
LONG ISLAND f/k/a NYU WINTHROP HOSPITAL, demands judgment dismissing the
Complaint, together with the costs and disbursements of the within action.
Dated: New York, New York
October 26, 2023
Yours, etc.
A ndrew I . K aplan
BY: Andrew I. Kaplan, Esq.
Aaronson Rappaport Feinstein & Deutsch, LLP
Attorneys for Defendants
ELIZABETH S. LUSTRIN, M.D.,
CHRISTOPHER WILKINS, M.D., BHUMIKA
BALGOBIN, M.D., MARLON SELIGER, M.D.,
AJAY K. MISRA, M.D., SUCHISMITA DATTA,
M.D., and NYU LANGONE HOSPITALS s/h/a
NYU LANGONE HOSPITAL LONG ISLAND
f/k/a NYU WINTHROP HOSPITAL
Office & P.O. Address
600 Third Avenue
New York, NY 10016
(212) 593-6798
aikaplan@arfdlaw.com
To: Siegel & Coonerty, LLP
Attorneys for Plaintiff
419 Park Avenue South, Suite 700
New York, NY 10016
(212) 532-0532
Attn: Andrew W. Siegel, Esq.
andy@mytrialguys.com
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Preview
FILED: NASSAU COUNTY CLERK 11/01/2023 04:26 PM INDEX NO. 614075/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 11/01/2023 SSUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU x NICHOLAS JAMES RYAN, Plaintiff, VERIFIED ANSWER - against - Index No. 614075/2023 ELIZABETH S. LUSTRIN, M.D., CHRISTOPHER R. WILKINS, M.D., BHUMIKA BALGOBIN, M.D., MARLON SELIGER, M.D., AJAY K. MISRA, M.D., SUCHISMITA DATTA, M.D., NYU LANGONE RADIOLOGY ASSOCIATES, NYU LANGONE AMBULATORY CARE EAST MEADOW, ADVANCED NEUROLOGICAL SERVICES OF LONG ISLAND, P.C., NYU EMERGENCY MEDICINE, NYU LANGONE HOSPITAL-LONG ISLAND F/K/A NYU WINTHROP HOSPITAL and NYU LANGONE HEALTH SYSTEM, Defendants. x Counselors: Defendant, NYU LANGONE HOSPITALS s/h/a NYU LANGONE HOSPITAL LONG ISLAND f/k/a NYU WINTHROP HOSPITAL, by its attorneys, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, as and for its Answer to Plaintiff’s Summons & Complaint, respectfully shows to this Court and alleges upon information and belief: AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION 1. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs “4”, “5”, “6” and “7”. 2. Denies the allegations contained in paragraphs “1”, “2,” “3”, “35”, “136” and “155” in the form alleged except admits defendant, ELIZABETH S. LUSTRIN, M.D., is a physician duly licensed to practice medicine in the State of New York, who at all times acted in accordance with good and accepted medical practice, and respectfully refers all questions of law to this Honorable Court. 1 of 7 FILED: NASSAU COUNTY CLERK 11/01/2023 04:26 PM INDEX NO. 614075/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 11/01/2023 3. Denies the allegations contained in paragraphs “8”, “9”, “10”, “14”, “15”, “16”, “17”, “18”, “19”, “20”, “21”, “24”, “25”, “26”, ”27”, “28”, “29”, “30”, “34”, “35”, “36”, “37”, “38”, “39”, “40”, “44”, “45”, “46”, “47”, “48”, “49”, “50”, “54”, “55”, “56”, “57”, “58”, “59”, “60”, “61”, “62”, “63”, “64”, “65”, “66”, “67”, “68”, “69”, “70”, “71”, “72”, “73”, “74”, “76”, “77”, “78”, “79”, “80”, “81”, “82”, “83”, “84”, “85”, “86”, “87”, ”88”, “89”, “93”, “94”, “95”, “96”, “97”, “98”, “99”, “100”, “101”, “102”, “103”, “104”, “105”, “106”, “108”, “109”, “110”, “111”, “112”, “113”, “114”, “115”, “116”, “117”, “118”, “119”, “120”, “121”, “135”, “142”, “143”, “144”, “145”, “146”, “147”, “148”, “149”, “150”, “151”, “152”, “153” and “154” in the form alleged, and respectfully refers all questions of law to this Honorable Court. 4. Denies the allegations contained in paragraphs “11”, “12”, “13”, “90”, “137” and “156” in the form alleged, except admits that defendant, CHRISTOPHER WILKINS, M.D., is a physician duly licensed to practice medicine in the State of New York who at all times acted in accordance with good and accepted medical practice, and respectfully refers all questions of law to this Honorable Court. 5. Denies the allegations contained in paragraphs “21”, “22”, “23”, “91”, “138” and “157” in the form alleged, except admits that defendant, BHUMIKA BALGOBIN, M.D., is a physician duly licensed to practice medicine in the State of New York who at all times acted in accordance with good and accepted medical practice, and respectfully refers all questions of law to this Honorable Court. 6. Denies the allegations contained in paragraphs “31”, “32”, “33”, “92”, “139” and “158” in the form alleged, except admits that defendant, MARLON SELIGER, M.D., is a physician duly licensed to practice medicine in the State of New York who at all times acted in accordance with good and accepted medical practice, and respectfully refers all questions of law to this Honorable Court. 2 2 of 7 FILED: NASSAU COUNTY CLERK 11/01/2023 04:26 PM INDEX NO. 614075/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 11/01/2023 7. Denies the allegations contained in paragraphs “41”, “42”, “43”, “107”, “140” and “159” in the form alleged, except admits that defendant, AJAY K. MISRA, M.D., is a physician duly licensed to practice medicine in the State of New York who at all times acted in accordance with good and accepted medical practice, and respectfully refers all questions of law to this Honorable Court. 8. Denies the allegations contained in paragraphs “51”, “52”, “53”, “122”, “141” and “160” in the form alleged, except admits that defendant, SUCHISMITA DATTA, M.D., is a physician duly licensed to practice medicine in the State of New York who at all times acted in accordance with good and accepted medical practice, and respectfully refers all questions of law to this Honorable Court. 9. 4. Denies the allegations contained in paragraphs “123”, “124”, “125”, “126”, “127”, “128”, “129”, “130”, “131”, “132”, “133” and “134 in the form alleged, except admits that defendant, NYU LANGONE HOSPITALS s/h/a NYU LANGONE HOSPITAL LONG ISLAND f/k/a NYU WINTHROP HOSPITAL, is a domestic not-for-profit corporation doing business in the State of New York, and is a fully accredited hospital in the State of New York, which employs various individuals in its capacity as a hospital, who at all times acted in accordance with good and accepted medical practice, and respectfully refers all questions of law to this Honorable Court. 10. Denies the allegations contained in paragraphs “161”, “162”, “163”, “164”, “165”, “166”, “167”, “168”, “169”, “170”, “171”, “172”, “173”, “174”, “175”, “176”, “177”, “178”, “179”, “180”, “181”, “182”, “183”, “184”, “185”, “186”, “187”, “188”, “189”, “190”, “191”, “192”, “193”, “194”, “195”, “196”, “197”, “198”, “199”, “200”, “201”, “202”, “203”, “204”, “205”, “206”, “207”, “208” and “209” in the form alleged, and respectfully refers to the hospital records for the dates and specifics of treatment, and respectfully refers all questions of law to this Honorable Court. 3 3 of 7 FILED: NASSAU COUNTY CLERK 11/01/2023 04:26 PM INDEX NO. 614075/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 11/01/2023 11. Denies the allegations contained in paragraphs “210”, “211”, “212”, “213”, “214”, “215”, “216” and “217”. AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION 12. In response to paragraph “218”, repeats those admissions and denials contained in paragraphs “1” through “217” herein as though fully set forth hereat. 13. Denies the allegations contained in paragraphs “219”, “220”, “221”, “222”, “223”, “224”, “225”, “226”, “227”, “228” and “229”. AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION 14. In response to paragraph “230”, repeats those admissions and denials contained in paragraphs “1” through “129” herein as though fully set forth hereat. 15. Denies the allegations contained in paragraphs “231”, “232”, “233” and “234”, in the form alleged, except admits that at all times defendants acted in accordance with good and accepted medical practice, and respectfully refers all questions of law to this Honorable Court. 16. Denies the allegations contained in paragraphs “235”, “236”, “237”, “238” and “239”. AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION 17. In response to paragraph “240”, repeats those admissions and denials contained in paragraphs “1” through “239” herein as though fully set forth hereat. 18. Denies the allegations contained in paragraphs “241:”, “242”, “243”, “244”, “245”, “246”, “247”, “248” and “249”, in the form alleged, and respectfully refers all questions of law to this Honorable Court. 19. Denies the allegations contained in paragraph “250”. 4 4 of 7 FILED: NASSAU COUNTY CLERK 11/01/2023 04:26 PM INDEX NO. 614075/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 11/01/2023 FIRST AFFIRMATIVE DEFENSE 20. The answering defendant(s) assert those applicable defenses for which provision is made at Public Health Law §2805-d. SECOND AFFIRMATIVE DEFENSE 21. The liability of the answering defendant(s), if any, is limited pursuant to CPLR Article 16. THIRD AFFIRMATIVE DEFENSE 22. That the plaintiff has been or will be compensated in whole or in part for the damages claimed in the complaint by a collateral source of payment as set forth in CPLR §4545. FOURTH AFFIRMATIVE DEEFENSE 23. Plaintiff’s right to recover damages, if any, are barred in whole or in part pursuant to the Patient Protection and Affordable Care Act, 26 USCS Section 5000A. FIFTH AFFIRMATIVE DEFENSE 24. Plaintiff’s Fourth Cause of Action fails to state a cognizable claim. COVID AFFIRMATIVE DEFENSES SIXTH AFFIRMATIVE DEFENSE 25. Upon information and belief, Answering Defendants were not negligent, as their acts and/or alleged omissions were reasonable and prudent pursuant to the emergency doctrine and did not create the emergency that formed the context for said acts and/or alleged omissions. SEVENTH AFFIRMATIVE DEFENSE 26. These Answering Defendants object to all punitive language, as Answering Defendants were not negligent, careless, or reckless. Answering Defendants reserve their right to strike any and all punitive language from the Complaint and all future pleadings. 5 5 of 7 FILED: NASSAU COUNTY CLERK 11/01/2023 04:26 PM INDEX NO. 614075/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 11/01/2023 EIGHTH AFFIRMATIVE DEFENSE 27. Upon information and belief, plaintiff lacks legal capacity to bring the within lawsuit. NINTH AFFIRMATIVE DEFENSE 28. These Answering Defendants are immune from liability for the acts, omissions, and injuries alleged in the Complaint, pursuant to Executive Orders (A. Cuomo) 202 et seq. (N.Y. Comp. Codes R. & Regs. tit. 9, § 8.202 et seq.), including but not limited to Executive Order (A. Cuomo) 202.10 (N.Y. Comp. Codes R. & Regs. tit. 9, § 8.202.10 et seq.), and/or the Emergency or Disaster Treatment Protection Act ("EDTPA") (Public Health Law Article 30-D). TENTH AFFIRMATIVE DEFENSE 29. These Answering Defendants are immune from liability for the acts, omissions, and injuries alleged in the Complaint, pursuant to the United States Public Readiness and Emergency Preparedness ("PREP") Act (42 U.S.C.A. §247d-6d et seq.) and/or the Coronavirus Aid, Relief, and Economic Security ("CARES") Act of 2020, §4113c (42 U.S.C.A. §247d-6d[i][1], as added by Pub. L. 116-136, 116 U.S. Stat. 3548). ELEVENTH AFFIRMATIVE DEFENSE 30. Plaintiff's state law claims must be dismissed, as they are preempted by the United States Public Readiness and Emergency Preparedness ("PREP") Act (42 U.S.C.A. §247d-6d et seq.) and/or the Coronavirus Aid, Relief, and Economic Security ("CARES") Act of 2020, §4113c (42 U.S.C.A. §247d-6d[i][1], as added by Pub. L. 116-136, 116 U.S. Stat. 3548). TWELFTH AFFIRMATIVE DEFENSE 31. This Court lacks jurisdiction over the subject matter of plaintiff's claims, pursuant to the United States Public Readiness and Emergency Preparedness ("PREP") Act (42 U.S.C.A. 6 6 of 7 FILED: NASSAU COUNTY CLERK 11/01/2023 04:26 PM INDEX NO. 614075/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 11/01/2023 §247d-6d et seq.) and/or the Coronavirus Aid, Relief, and Economic Security ("CARES") Act of 2020, §4113c (42 U.S.C.A. §247d-6d[i][1], as added by Pub. L. 116-136, 116 U.S. Stat. 3548). WHEREFORE, NYU LANGONE HOSPITALS s/h/a NYU LANGONE HOSPITAL LONG ISLAND f/k/a NYU WINTHROP HOSPITAL, demands judgment dismissing the Complaint, together with the costs and disbursements of the within action. Dated: New York, New York October 26, 2023 Yours, etc. A ndrew I . K aplan BY: Andrew I. Kaplan, Esq. Aaronson Rappaport Feinstein & Deutsch, LLP Attorneys for Defendants ELIZABETH S. LUSTRIN, M.D., CHRISTOPHER WILKINS, M.D., BHUMIKA BALGOBIN, M.D., MARLON SELIGER, M.D., AJAY K. MISRA, M.D., SUCHISMITA DATTA, M.D., and NYU LANGONE HOSPITALS s/h/a NYU LANGONE HOSPITAL LONG ISLAND f/k/a NYU WINTHROP HOSPITAL Office & P.O. Address 600 Third Avenue New York, NY 10016 (212) 593-6798 aikaplan@arfdlaw.com To: Siegel & Coonerty, LLP Attorneys for Plaintiff 419 Park Avenue South, Suite 700 New York, NY 10016 (212) 532-0532 Attn: Andrew W. Siegel, Esq. andy@mytrialguys.com 7 7 of 7