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FILED: NEW YORK COUNTY CLERK 12/15/2023 12:39 PM INDEX NO. 952086/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2023
NEW YORK STATE SUPREME COURT
NEW YORK COUNTY
_________________________________________________________Ç
CHRISTOPHER ARNADOPOULOS, Index No.: 952086/2023
Plaintiff, VERIFIED ANSWER ON
BEHALF OF NORTHWELL
- against - INC. s/h/a
HEALTH,
NORTHWELL HEALTH,
NORTHWELL HEALTH; NORTHWELL NORTHWELL HEALTH, INC.,
HEALTH, INC.; NORTHWELL NORTHWELL HEALTHCARE,
HEALTHCARE, INC.; and NORTHWELL INC. and NORTHWELL
HEALTH PHYSICIAN PARTNERS, INC., HEALTH PHYSICIAN
PARTNERS, INC.
Defendants.
__-______________________________________________--------
COUNSEL:
Defendants NORTHWELL HEALTH, INC. s/h/a NORTHWELL HEALTH,
NORTHWELL HEALTH, INC., NORTHWELL HEALTHCARE, INC. and
NORTHWELL HEALTH PHYSICIAN PARTNERS, INC. as and for their Verified
Answer to Plaintiffs Verified Complaint respectfully show to this Honorable Court and
allege upon infonnation and belief:
I. INTRODUCTION
FIRST: Denies the allegations contained in paragraph "1".
II. PROCEEDING IN ACCORDANCE WITH CPLR 214-J
"2"
SECOND: Denies the allegations contained in paragraph and respectfully
refers all questions of law to the Court.
III. PARTIES
THIRD: Denies knowledge or information sufficient to form a beliefas to the truth
"3"
of the allegations contained in paragraph and respectfully refers all questions of law to
the Court.
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"7"
FOURTH: Denies the allegations contained in paragraphs "4", "6", and "8".
"5"
FIFTH: Denies the allegations contained in paragraph except admits at all
relevant times NORTHWELL HEALTH, INC. was a not-for-profit corporation organized
pursuant to New York State law and respectfully refers all questions of law to the Court.
IV. JURISDICTION AND VENUE
"9"
SIXTH: Denies the allegations contained in paragraphs and "10".
V. STATEMENT OF FACTS
"11"
SEVENTH: In response to paragraph repeats each admission or denial made
herein as though fully set forth hereat.
EIGHTH: Denies the allegations contained in paragraphs "12", "13", "17", "18",
"38"
"19", "22", "24", "26", "28", "29", "30", "31", "32", "33", "34", "35", "36", "37",
and "39".
NINTH: Denies the allegations contained in paragraphs "14", "15", "16", "20",
"21" "23"
and in the form alleged and respectfully refers all questions of law to the
Court.
TENTH: Denies knowledge or information sufficient to form a belief as to the
"25" "27"
truth of the allegations contained in paragraphs and and respectfully refers all
questions of law to the Court.
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VI. CAUSES OF ACTION
A. FIRST CAUSE OF ACTION-NEGLIGENCE
"40"
ELEVENTH:In response to paragraph repeats each admission or denial made
herein as though fully set forth hereat.
"41" "43"
TWELFTH: Denies the allegations contained in paragraphs and in the
form alleged and respectfully refers all questions of law to the Court.
THIRTEENTH: Denies the allegations contained in paragraphs "42", "44",
"46"
"45", and "47".
B. SECOND CAUSE OF ACTION- INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS
"48"
FOURTEENTH: In response to paragraph repeats each admission or
denial made herein as though fully set forth hereat.
"50"
FIFTEENTH: Denies the allegations contained in paragraphs "49", and
"51".
VII. NO APPORTIONMENT OF LIABILITY
SIXTEENTH: Denies the allegations contained in paragraph "52".
VIII. JURY DEMAND
"53"
SEVENTEENTH: In response to paragraph the defendants admit that
plaintiff's Complaint demands a trial by jury, however said demand is premature under the
CPLR and thus the defendants reserve their rights under CPLR 4102 to consent or refuse
a jury trial until the appropriate stage of the litigation.
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IX. PRAYER FOR RELIEF
"54"
EIGHTEENTH: Denies the allegations contained in paragraphs and "55".
NINETEENTH: Any paragraph/allegation not answered is deemed denied.
AFFIRMATIVE AND OTHER DEFENSES
TWENTIETH: In further response to the plaintiff's Complaint, the answering
defendants hereby assert the following affirmative and other defenses, without conceding
that they bear the burden of persuasion as to any of them except those deemed affirmative
defenses by law, regardless of how such defenses are denominated herein. Nor do the
answering defendants admit that the plaintiff is relieved of his or her burden to prove each
and every element of his or her claims and damages, if any, to which he or she claims to
be entitled. As for their defenses, the answering defendants reassert and reincorporate as
if fully set forth herein its responses, above, to the Complaint.
FIRST AFFIRMATIVE DEFENSE
TWENTY-FIRST: The plaintiff's Complaint fails to state a cause of action, fails
to set forth facts sufficient to state a claim upon which relief may be granted against the
answering defendants and further fails to state facts sufficient to entitle the plaintiff to the
relief sought, or to any other relief whatsoever from the answering defendants.
SECOND AFFIRMATIVEDEFENSE
TWENTY-SECOND: The plaintiff's Complaint, and each cause of action
thereof, fails to set forth facts sufficiently detailed so as to "give the court and parties notice
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of the transactions, occurrences, or series of transactions or occurrences, intended to be
defense."
proved and the material elements of each cause of action or See CPLR 3013.
THIRD AFFIRMATIVE DEFENSE
TWENTY-THIRD: The plaintiff is barred from seeking all or part of the damages
sought in this lawsuit as a result of the plaintiff's failure to mitigate the damages allegedly
sustained.
FOURTH AFFIRMATIVE DEFENSE
TWENTY-FOURTH: If any liability is found as against the answering
defendants, then said liability will constitute 50% or less of the total liability assigned to
all persons liable and, as a consequence thereof, the liability of said defendants to the
defendants'
plaintiff for non-economic loss shall not exceed said equitable share
determined in accordance with the relative culpability of each person causing or
contributing to the total liability for non-economic loss, as provided in CPLR Article 16.
FIFTH AFFIRMATIVE DEFENSE
TWENTY-FIFTH: Ifthe plaintiff is entitled to recover damages for economic loss
as against the answering defendants by reason of the matters alleged in the Complaint,
liability for which is hereby denied, then pursuant to CPLR 4545 the amount of damages
recoverable against said defendants, if any, shall be reduced by the amount by which such
economic loss was or will be replaced or indemnified from any collateral source of
payment.
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SIXTH AFFIRMATIVE DEFENSE
TWENTY-SIXTH: The plaintiff's damages, if any, were sustained as a result of
unforeseeable, intervening causes that were out of the control of the answering defendants,
defendants'
and not as the result of said alleged conduct, acts or omissions. By virtue of
said intervening causes, the plaintiff's damages were not proximately caused by the
answering defendants and, therefore, the claim against said defendants should be
dismissed.
SEVENTH AFFIRMATIVE DEFENSE
TWENTY-SEVENTH: The injuries and damages allegedly sustained by the
plaintiff were not caused by any negligence, carelessness, culpable conduct or breach of
duty on the part ofthe answering defendants, but were caused by reason of the carelessness,
negligence, culpable conduct, or breach of duty of third parties, and their servants, agents
or employees, over whom the answering defendants exercised no control, and the
answering defendants expressly reserve the right to seek indemnification for any liability
incurred.
EIGHTH AFFIRMATIVE DEFENSE
TWENTY-EIGHTH: In the event of any verdict or judgment in favor of the
plaintiff, the answering defendants are entitled to a set-off or credit with respect to the
amounts of any payments made to the plaintiff for any companion actions arising out of
the same set of events as pleaded herein pursuant to General Obligations Law 15-108.
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NINTH AFFIRMATIVE DEFENSE
TWENTY-NINTH: If the plaintiff was abused in the manner alleged, such abuse
was not caused or due to the acts or omissions of the answering defendants, their agent(s),
servant(s) and/or employees.
TENTH AFFIRMATIVE DEFENSE
THIRTIETH:It is alleged in the Complaint that the damages sustained by the
plaintiff were the result of the acts of the defendants. The answering defendants deny such
acts occurred, but in the event it is determined that such acts did occur and were undertaken
by an employee of the answering defendants, then the answering defendants assert that
such acts were outside the scope of the authority and employment of such employee and
performed for a purpose foreign to any employment with the answering defendants, and
were not ratified or consented to by the answering defendants.
ELEVENTH AFFIRMATIVE DEFENSE
THIRTY-FIRST: It is alleged in the Complaint that the damages sustained by the
plaintiff were the results of the acts of the defendants. The answering defendants deny that
such acts occurred, but in the event it is determined that such acts did occur and were
undertaken by an employee of the answering defendants, then the answering defendants
assert that it did not have notice or awareness of any propensity on the part of any employee
to commit such acts as alleged in the Complaint.
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TWELFTH AFFIRMATIVE DEFENSE
THIRTY-SECOND: This action pursuant to the Adult Survivors Act which law is
unconstitutional and as applied to revive claims dismissed as time-
facially previously
barred in violation of the due process clause as set forth in § 6 of the Constitution of the
State of New York and in the Fifth and Fourteenth Amendments of the Constitution of the
United States of America.
THIRTEENTH AFFIRMATIVE DEFENSE
THIRTY-THIRD: This action pursuant to the Adult Survivors Act which law is
unconstitutional and as applied to revive claims dismissed as time-
facially previously
barred in violation of the equal protection clause as set forth in Article I, § 11 of the
Constitution of the State of New York and in the Fourteenth Amendment of the
Constitution of the United States of America.
FOURTEENTH AFFIRMATIVE DEFENSE
THIRTY-FOURTH: This action pursuant to the Adult Survivors Act which law is
unconstitutional and as applied to revive claims dismissed as time-
facially previously
barred in violation of the Constitution of the United States of America, art. 1, § 9, cl. 3
prohibiting the passage of any ex post facto law.
FIFTEENTH AFFIRMATIVE DEFENSE
THIRTY-FIFTH: As a consequence of the unconstitutionality of the Adult
Survivors Act, as set forth in the other affirmative defenses herein, the plaintiff's claims
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for relief alleged in the Complaint are barred by the applicable statute of limitations and
the doctrine of laches.
SIXTEENTH AFFIRMATIVE DEFENSE
THIRTY-SIXTH: The plaintiff's claim for punitive damages is barred by the due
process clause of the Fourteenth Amendment to the Constitution of the United States of
jeopardy"
America as applied to the states by the Fourteenth Amendment; the "double
clause ofthe Fifth Amendment to the Constitution as applied to the States by the Fourteenth
Amendment; and the comparable provisions of the New York Constitution.
SEVENTEENTH AFFIRMATIVE DEFENSE
THIRTY-SEVENTH: The answering defendants reserve the right to amend
and supplement their affirmative and other defenses to include additional affirmative
defenses at such time and to such extent as warranted by discovery and the factual
developments in the case.
THIS SPACE IS LEFT INTENTIONALLY BLANK
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WHEREFORE, defendants NORTHWELL HEALTH, INC. s/h/a NORTHWELL
HEALTH, NORTHWELL HEALTH, INC., NORTHWELL HEALTHCARE, INC., and
NORTHWELL HEALTH PHYSICIAN PARTNERS, INC. demand judgment dismissing
the Verified Complaint in its entirety, awarding the answering defendants any recoverable
attorneys'
costs of this action, including, without limitation, reasonable fees, together with
costs and disbursements of the within action, and granting the answering defendants such
other and different relief as the Court deems just and proper.
Dated: Lake Success, New York
December 15, 2023
SHA B, AHMU X, CITRIN & SPRATT, LLP
By:
LAURA M. IMPA
Attorneys for Defendants
NORTHWELL HEALTH, INC. s/h/a
NORTHWELL HEALTH, NORTHWELL
HEALTH, INC., NORTHWELL
HEALTHCARE, INC., and NORTHWELL
HEALTH PHYSICIAN PARTNERS, INC.
1983 Marcus Avenue
Lake Success, New York 11042-1056
(516) 488-3300
Our File No.: 1047-00018
TO: PFAU, COCHRAN, VERTETIS, AMALA, PLLC
Attorneys for Plaint ff
'
31 Hudson Yards, 11 Floor
New York, New York 10001
(202) 300-2444
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NEW YORK STATE SUPREME COURT
NEW YORK COUNTY
CHRISTOPHER ARNADOPOULOS,
Index No.: 952086/2023
Plaintiff,
- against -
NORTHWELL HEALTH; NORTHWELL
HEALTH, INC.; NORTHWELL
HEALTHCARE, INC.; and NORTHWELL
HEALTH PHYSICIAN PARTNERS, INC.,
Defendants.
VERIFIED ANSWER
ON BEHALF OF NORTHWELL HEALTH, INC. s/h/a NORTHWELL HEALTH,
NORTHWELL
Preview
FILED: NEW YORK COUNTY CLERK 12/15/2023 12:39 PM INDEX NO. 952086/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2023 NEW YORK STATE SUPREME COURT NEW YORK COUNTY _________________________________________________________Ç CHRISTOPHER ARNADOPOULOS, Index No.: 952086/2023 Plaintiff, VERIFIED ANSWER ON BEHALF OF NORTHWELL - against - INC. s/h/a HEALTH, NORTHWELL HEALTH, NORTHWELL HEALTH; NORTHWELL NORTHWELL HEALTH, INC., HEALTH, INC.; NORTHWELL NORTHWELL HEALTHCARE, HEALTHCARE, INC.; and NORTHWELL INC. and NORTHWELL HEALTH PHYSICIAN PARTNERS, INC., HEALTH PHYSICIAN PARTNERS, INC. Defendants. __-______________________________________________-------- COUNSEL: Defendants NORTHWELL HEALTH, INC. s/h/a NORTHWELL HEALTH, NORTHWELL HEALTH, INC., NORTHWELL HEALTHCARE, INC. and NORTHWELL HEALTH PHYSICIAN PARTNERS, INC. as and for their Verified Answer to Plaintiffs Verified Complaint respectfully show to this Honorable Court and allege upon infonnation and belief: I. INTRODUCTION FIRST: Denies the allegations contained in paragraph "1". II. PROCEEDING IN ACCORDANCE WITH CPLR 214-J "2" SECOND: Denies the allegations contained in paragraph and respectfully refers all questions of law to the Court. III. PARTIES THIRD: Denies knowledge or information sufficient to form a beliefas to the truth "3" of the allegations contained in paragraph and respectfully refers all questions of law to the Court. 1 of 11 FILED: NEW YORK COUNTY CLERK 12/15/2023 12:39 PM INDEX NO. 952086/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2023 "7" FOURTH: Denies the allegations contained in paragraphs "4", "6", and "8". "5" FIFTH: Denies the allegations contained in paragraph except admits at all relevant times NORTHWELL HEALTH, INC. was a not-for-profit corporation organized pursuant to New York State law and respectfully refers all questions of law to the Court. IV. JURISDICTION AND VENUE "9" SIXTH: Denies the allegations contained in paragraphs and "10". V. STATEMENT OF FACTS "11" SEVENTH: In response to paragraph repeats each admission or denial made herein as though fully set forth hereat. EIGHTH: Denies the allegations contained in paragraphs "12", "13", "17", "18", "38" "19", "22", "24", "26", "28", "29", "30", "31", "32", "33", "34", "35", "36", "37", and "39". NINTH: Denies the allegations contained in paragraphs "14", "15", "16", "20", "21" "23" and in the form alleged and respectfully refers all questions of law to the Court. TENTH: Denies knowledge or information sufficient to form a belief as to the "25" "27" truth of the allegations contained in paragraphs and and respectfully refers all questions of law to the Court. 2 4874-9172-4439, v. 1 2 of 11 FILED: NEW YORK COUNTY CLERK 12/15/2023 12:39 PM INDEX NO. 952086/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2023 VI. CAUSES OF ACTION A. FIRST CAUSE OF ACTION-NEGLIGENCE "40" ELEVENTH:In response to paragraph repeats each admission or denial made herein as though fully set forth hereat. "41" "43" TWELFTH: Denies the allegations contained in paragraphs and in the form alleged and respectfully refers all questions of law to the Court. THIRTEENTH: Denies the allegations contained in paragraphs "42", "44", "46" "45", and "47". B. SECOND CAUSE OF ACTION- INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS "48" FOURTEENTH: In response to paragraph repeats each admission or denial made herein as though fully set forth hereat. "50" FIFTEENTH: Denies the allegations contained in paragraphs "49", and "51". VII. NO APPORTIONMENT OF LIABILITY SIXTEENTH: Denies the allegations contained in paragraph "52". VIII. JURY DEMAND "53" SEVENTEENTH: In response to paragraph the defendants admit that plaintiff's Complaint demands a trial by jury, however said demand is premature under the CPLR and thus the defendants reserve their rights under CPLR 4102 to consent or refuse a jury trial until the appropriate stage of the litigation. 3 4874-9172-4439, v. 1 3 of 11 FILED: NEW YORK COUNTY CLERK 12/15/2023 12:39 PM INDEX NO. 952086/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2023 IX. PRAYER FOR RELIEF "54" EIGHTEENTH: Denies the allegations contained in paragraphs and "55". NINETEENTH: Any paragraph/allegation not answered is deemed denied. AFFIRMATIVE AND OTHER DEFENSES TWENTIETH: In further response to the plaintiff's Complaint, the answering defendants hereby assert the following affirmative and other defenses, without conceding that they bear the burden of persuasion as to any of them except those deemed affirmative defenses by law, regardless of how such defenses are denominated herein. Nor do the answering defendants admit that the plaintiff is relieved of his or her burden to prove each and every element of his or her claims and damages, if any, to which he or she claims to be entitled. As for their defenses, the answering defendants reassert and reincorporate as if fully set forth herein its responses, above, to the Complaint. FIRST AFFIRMATIVE DEFENSE TWENTY-FIRST: The plaintiff's Complaint fails to state a cause of action, fails to set forth facts sufficient to state a claim upon which relief may be granted against the answering defendants and further fails to state facts sufficient to entitle the plaintiff to the relief sought, or to any other relief whatsoever from the answering defendants. SECOND AFFIRMATIVEDEFENSE TWENTY-SECOND: The plaintiff's Complaint, and each cause of action thereof, fails to set forth facts sufficiently detailed so as to "give the court and parties notice 4 4874-9172-4439, v. 1 4 of 11 FILED: NEW YORK COUNTY CLERK 12/15/2023 12:39 PM INDEX NO. 952086/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2023 of the transactions, occurrences, or series of transactions or occurrences, intended to be defense." proved and the material elements of each cause of action or See CPLR 3013. THIRD AFFIRMATIVE DEFENSE TWENTY-THIRD: The plaintiff is barred from seeking all or part of the damages sought in this lawsuit as a result of the plaintiff's failure to mitigate the damages allegedly sustained. FOURTH AFFIRMATIVE DEFENSE TWENTY-FOURTH: If any liability is found as against the answering defendants, then said liability will constitute 50% or less of the total liability assigned to all persons liable and, as a consequence thereof, the liability of said defendants to the defendants' plaintiff for non-economic loss shall not exceed said equitable share determined in accordance with the relative culpability of each person causing or contributing to the total liability for non-economic loss, as provided in CPLR Article 16. FIFTH AFFIRMATIVE DEFENSE TWENTY-FIFTH: Ifthe plaintiff is entitled to recover damages for economic loss as against the answering defendants by reason of the matters alleged in the Complaint, liability for which is hereby denied, then pursuant to CPLR 4545 the amount of damages recoverable against said defendants, if any, shall be reduced by the amount by which such economic loss was or will be replaced or indemnified from any collateral source of payment. 5 4874-9172-4439, v. 1 5 of 11 FILED: NEW YORK COUNTY CLERK 12/15/2023 12:39 PM INDEX NO. 952086/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2023 SIXTH AFFIRMATIVE DEFENSE TWENTY-SIXTH: The plaintiff's damages, if any, were sustained as a result of unforeseeable, intervening causes that were out of the control of the answering defendants, defendants' and not as the result of said alleged conduct, acts or omissions. By virtue of said intervening causes, the plaintiff's damages were not proximately caused by the answering defendants and, therefore, the claim against said defendants should be dismissed. SEVENTH AFFIRMATIVE DEFENSE TWENTY-SEVENTH: The injuries and damages allegedly sustained by the plaintiff were not caused by any negligence, carelessness, culpable conduct or breach of duty on the part ofthe answering defendants, but were caused by reason of the carelessness, negligence, culpable conduct, or breach of duty of third parties, and their servants, agents or employees, over whom the answering defendants exercised no control, and the answering defendants expressly reserve the right to seek indemnification for any liability incurred. EIGHTH AFFIRMATIVE DEFENSE TWENTY-EIGHTH: In the event of any verdict or judgment in favor of the plaintiff, the answering defendants are entitled to a set-off or credit with respect to the amounts of any payments made to the plaintiff for any companion actions arising out of the same set of events as pleaded herein pursuant to General Obligations Law 15-108. 6 4874-9172-4439, v. 1 6 of 11 FILED: NEW YORK COUNTY CLERK 12/15/2023 12:39 PM INDEX NO. 952086/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2023 NINTH AFFIRMATIVE DEFENSE TWENTY-NINTH: If the plaintiff was abused in the manner alleged, such abuse was not caused or due to the acts or omissions of the answering defendants, their agent(s), servant(s) and/or employees. TENTH AFFIRMATIVE DEFENSE THIRTIETH:It is alleged in the Complaint that the damages sustained by the plaintiff were the result of the acts of the defendants. The answering defendants deny such acts occurred, but in the event it is determined that such acts did occur and were undertaken by an employee of the answering defendants, then the answering defendants assert that such acts were outside the scope of the authority and employment of such employee and performed for a purpose foreign to any employment with the answering defendants, and were not ratified or consented to by the answering defendants. ELEVENTH AFFIRMATIVE DEFENSE THIRTY-FIRST: It is alleged in the Complaint that the damages sustained by the plaintiff were the results of the acts of the defendants. The answering defendants deny that such acts occurred, but in the event it is determined that such acts did occur and were undertaken by an employee of the answering defendants, then the answering defendants assert that it did not have notice or awareness of any propensity on the part of any employee to commit such acts as alleged in the Complaint. 7 4874-9172-4439, v. 1 7 of 11 FILED: NEW YORK COUNTY CLERK 12/15/2023 12:39 PM INDEX NO. 952086/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2023 TWELFTH AFFIRMATIVE DEFENSE THIRTY-SECOND: This action pursuant to the Adult Survivors Act which law is unconstitutional and as applied to revive claims dismissed as time- facially previously barred in violation of the due process clause as set forth in § 6 of the Constitution of the State of New York and in the Fifth and Fourteenth Amendments of the Constitution of the United States of America. THIRTEENTH AFFIRMATIVE DEFENSE THIRTY-THIRD: This action pursuant to the Adult Survivors Act which law is unconstitutional and as applied to revive claims dismissed as time- facially previously barred in violation of the equal protection clause as set forth in Article I, § 11 of the Constitution of the State of New York and in the Fourteenth Amendment of the Constitution of the United States of America. FOURTEENTH AFFIRMATIVE DEFENSE THIRTY-FOURTH: This action pursuant to the Adult Survivors Act which law is unconstitutional and as applied to revive claims dismissed as time- facially previously barred in violation of the Constitution of the United States of America, art. 1, § 9, cl. 3 prohibiting the passage of any ex post facto law. FIFTEENTH AFFIRMATIVE DEFENSE THIRTY-FIFTH: As a consequence of the unconstitutionality of the Adult Survivors Act, as set forth in the other affirmative defenses herein, the plaintiff's claims 8 4874-9172-4439, v. 1 8 of 11 FILED: NEW YORK COUNTY CLERK 12/15/2023 12:39 PM INDEX NO. 952086/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2023 for relief alleged in the Complaint are barred by the applicable statute of limitations and the doctrine of laches. SIXTEENTH AFFIRMATIVE DEFENSE THIRTY-SIXTH: The plaintiff's claim for punitive damages is barred by the due process clause of the Fourteenth Amendment to the Constitution of the United States of jeopardy" America as applied to the states by the Fourteenth Amendment; the "double clause ofthe Fifth Amendment to the Constitution as applied to the States by the Fourteenth Amendment; and the comparable provisions of the New York Constitution. SEVENTEENTH AFFIRMATIVE DEFENSE THIRTY-SEVENTH: The answering defendants reserve the right to amend and supplement their affirmative and other defenses to include additional affirmative defenses at such time and to such extent as warranted by discovery and the factual developments in the case. THIS SPACE IS LEFT INTENTIONALLY BLANK 9 4874-9172-4439, v. 1 9 of 11 FILED: NEW YORK COUNTY CLERK 12/15/2023 12:39 PM INDEX NO. 952086/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2023 WHEREFORE, defendants NORTHWELL HEALTH, INC. s/h/a NORTHWELL HEALTH, NORTHWELL HEALTH, INC., NORTHWELL HEALTHCARE, INC., and NORTHWELL HEALTH PHYSICIAN PARTNERS, INC. demand judgment dismissing the Verified Complaint in its entirety, awarding the answering defendants any recoverable attorneys' costs of this action, including, without limitation, reasonable fees, together with costs and disbursements of the within action, and granting the answering defendants such other and different relief as the Court deems just and proper. Dated: Lake Success, New York December 15, 2023 SHA B, AHMU X, CITRIN & SPRATT, LLP By: LAURA M. IMPA Attorneys for Defendants NORTHWELL HEALTH, INC. s/h/a NORTHWELL HEALTH, NORTHWELL HEALTH, INC., NORTHWELL HEALTHCARE, INC., and NORTHWELL HEALTH PHYSICIAN PARTNERS, INC. 1983 Marcus Avenue Lake Success, New York 11042-1056 (516) 488-3300 Our File No.: 1047-00018 TO: PFAU, COCHRAN, VERTETIS, AMALA, PLLC Attorneys for Plaint ff ' 31 Hudson Yards, 11 Floor New York, New York 10001 (202) 300-2444 10 4874-9172-4439, v. 1 10 of 11 FILED: NEW YORK COUNTY CLERK 12/15/2023 12:39 PM INDEX NO. 952086/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2023 NEW YORK STATE SUPREME COURT NEW YORK COUNTY CHRISTOPHER ARNADOPOULOS, Index No.: 952086/2023 Plaintiff, - against - NORTHWELL HEALTH; NORTHWELL HEALTH, INC.; NORTHWELL HEALTHCARE, INC.; and NORTHWELL HEALTH PHYSICIAN PARTNERS, INC., Defendants. VERIFIED ANSWER ON BEHALF OF NORTHWELL HEALTH, INC. s/h/a NORTHWELL HEALTH, NORTHWELL