Preview
FILED: KINGS COUNTY CLERK 01/29/2024 INDEX NO. 6576/2013
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/08/2024
At Trial Term Part 4 of the Supreme Court of the
State of New York held in and for Kings County,
at the Courthouse, located at 360 Adams St.,
Borough of Brooklyn, City and State of
25th
New York on the day of January, 2024
PRESENT: HON. Consuelo Mallafre Melendez
JUSTICE
_________________________________________________________________Ç
ELEFANT, LISA
PLAINTIFF
-against- Index No. 6576/13
ABU-RUSTUM, NADEEM R., M.D. JONATHAN COLEMAN, M.D., MEMORIAL
HOSPITAL FOR CANCER AND ALLIED DISEASES AND SLOAN-KETTERING
INSTITUTE FOR CANCER RESEARCH
DEFENDANTS
_____________________________________________________________Ç
This cause having been called for trial in its order on the Calendar, and six jurors having been duly drawn, empaneled and
16th
sworn to try the same, the jury comes into the Court on the day of January, 2024, after a trial on LIABILITY and
DAMAGES say that they find a verdict for: DEFENDANT (6/6).
The foregoing is a true extract of the trial minutes
NANCY T. SUNSHINE
COUNTY CLERK
BY
Michael Byrne S.C.C. - PART 4
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Exhibit Sheet
lion. judge Consvelo Mallefre Me endez
Trial Term Part Justice )5 (
-
Title 86T7fNr+ A la R/457tauf Court Reporter(s) L( { .5
Calendar No. Index No. 7
Date(s) of Trial 1 2-1 14 7 25 2
PLAINTIFF DEFENDANT
escription of Exhibit Description of Exhibit
5 in r 3
M a r S
.-- 22.. /
COURT E IBIT S
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Exhibit Sheet
o cL
Trial Term Part Justice o .
Title e Court Reporter(s) (hht
Ay
Calendar No. Index No. $ p C 2 (3
of Trial 2 I l) 2 2 I 13/7. I 74 29, 2 7
Date(s)
....PLAINTIFF DEFENDANT
Description of Exhibit Description of Exhibit
* a
COURT EXHIBITS
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EXHIBIT
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS
-----------------------------------------------------------X AMENDED
LISA ELEFANT, SUMMONS
Plaintiff, Plaintiff designates Kings
County as the place of trial.
-against-
The basis of venue is:
Residence of Plaintiff
NADEEM R. ABU-RUSTUM, M.D., JONATHAN
COLEMAN, M.D., MEMORIAL HOSPITAL Plaintiff resides at:
FOR CANCER AND ALLIED DISEASES, and SLOAN- 1164 East 24th Street
KETTERING INSTITUTE FOR CANCER RESEARCH, Brooklyn, New York 11230
County of Kings
Defendants.
._____________.______________.--__________-----X
To the above named Defendants:
You are hereby summoned to answer the complaint in this action, and to serve a copy of your
answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiffs
attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is
made by delivery upon you personally within the state, or, within 30 days after completion of service where
service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against
you by default for the relief demanded in the complaint.
Dated: BROOKLYN, NEW YORK
October 7, 2013
MARK I. GOLDSTEIN
GOLDSTEIN & GOLDSTEIN, P.C.
Attorneys for Plaintiff
LISA ELEFANT
26 Court Street, 20th Floor
Brooklyn, New York 11242
(718) 855-0551
Our File No. 12-10819
TO: NADEEM R. ABU-RUSTUM, M.D.
JONATHAN COLEMAN, M.D.
MEMORIAL HOSPITAL FOR CANCER AND ALLIED DISEASES
SLOAN-KETTERING INSTITUTE FOR CANCER RESEARCH
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DOC. NO. RECEIVEDNYSCEF:
RECEIVED
NYSCEF: 02/08/2024
SUPREME COlMT OF THE S FATF OF NEW YORK
COUNTY OF KINGS
LISA ELEFANT,
Plaintiff
-against- Index No.:
AMENDED
NADEEM R. ABU-RUSTUM, M.D.. JONATHAN VERIFIED COMPLAINT
COLFMAN. M.D.. MFMORIAL f luSPfTAL
AND and SLOAN-
F OR CANCER ALLlED DiSEASES,
KETTERING INS (TTUTE FOR CANGR RESEARCH
Defendarits.
____..______________________________... -----------.---.-------X
Plaintifi. LISA ELEFANT by her attorneys. GOLDSTEIN & GOLDSTEIN, P.C.complaining of the
alleges. upon information and belief, as f ollows:
Defendants, respectfully
A ber ÊUÜm '
Ñ f
" b (Arijs4• = 2
= /l46K-- FOR A CAUSE OF ACTION
pgurid AS AND FIRST
At the lime emnmencement of this action. Plaintiff was a resident of the County of Kings.
of the
State of New York.
2. That this action falls within one or more of the exemptions set forth in CPLR §1602.
3. At all times mentioned herein, Defendant MEMORIAL HOSPITAL FOR CANCER AND
LLIED DISEASES s a donwslic corporatio organized and under, and by virtue of, the laws
chdy existing
SE of the State of New York.
4. At all times mentioned herein, the principal place of business of Defendant MEMORIAL
HOSPITAL FOR CANCER AND ALLIED DISEASES waslocatedinthe StateofNew York, County ofNew
5. At all times mentioued herein MEMORIAL HOSPITAL FOR CANCER AND ALLIED
DISEASES was, and still is. the owner of a health-eare known as Memorial Sloan-Kettering Cancer
facility
Hosoital.
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Defendant MEMORIAL HOSPITAL FOR CANCER AND
At all times mentioned herein,
pursuant to the laws ofthe 8tate of I
DISEASES owned. operated. controlled. and managed a hospital
ALLIED
Cancer Hospital located at 1275 York
New York for the care of the sick known as Memorial Sloan-Kettering
provided personnel doctors, nurses, attendants and
Avenue. New York, New Y ork 065, which including
which held itself out to the public as furnishing treatment
others for the care and treatment of its patients and
LISA ELEFANT could be treated for various ailments.
facilities where patients, including Plaintiff
FOR CANCER
6
ASE f Atall times rnentioned herein Defendant SLOAN-KETTERING INSTITUTE
ast caftf
3 and virtue the laws of the
ESEARCF was a dornestic corporation duly organized and existing under, by of,
State oENew York.
OW business of Defendant SLOAN-
54-3 At all tim s mentioled herein, the principal place of
g,
F OR CANCER RESEARCH was located in the State of New York, County of
i1bt (TTERING INSTIT JTE
New York
n ned herein SLOAN-KETTERING INSTITUTE FOR CANCER
tith-care known as Memorial Sloan-Kettering Cancer
RESEARCH was, and still is. the a facility
Hospital
A all times mentic Ted herein, DefendantSLOAN-KETTERING INSTITUTE FOR CANCER
controlled emd managed a hospital pursuant to the laws of the State of New
RESEARCH owned, operated,
of the sick. known as Memorial Cancer Hospital located at1275 York Avenue,
York for the care Sloan-Kettering
doctors,nurses, attendants and others for the
New York, New York. 10065, which provided personnel, inchiding
and which held itself out to the public as furnishing treatment facilities where
care and treatment of its patients
pmients. Plaintiff LISA ELEFANT could be treated for various ailments.
including
VAA’Mht'
A
1 1. At all times mentioned berein, Defendant NADEEM R. ABU-RUSTEM was a physician duly
ft--
T)
licensed to practice medicine in the State of New York.
Sic A
*** '4C *77
/AE mentioned herein. Defendant NADEEM R. ABU-RUSTUM, M.D. held himself
12. At all times
out to be a physician professional services to the public in general and to Plaintift m particular.
offering
D. \t all times mentioned herein, DefendantNADEEM R. ABU-RUSTUM, M.D.represented that
and render all the medical treatment. services and advice required by the I
he was competent to perform care,
Plaintiff IJSA ELEFANT.
A/g/4£+ t\ SK A NAA.ItatA'-adNW
a sc ow
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RECEIVED
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mentioned herein. Defendant N ADEEM R. ABU-RUSTUM, M.D. wa mployee
14. At all times
MEM fiAL HOSPITAL FOR CANCER AND ALLIED DISEASES
of Defendam
75- D/Cl
rnentioned Defendant NADEEM R. ABU-RUSTUM M.D. was an agent of
Sad /¶15. At all times herein,
Defendant MEMORIAL HOSPITAL FOR CANCER AND ALLIED DISEASES.
mentioned Defendant NADEEM R. ABU-RUSTUM, M.D. was a licensee
16. At all times herein,
of Detendant MEMORIAL ROSPIT AL FOR CANCER AND ALLIED DISEASES.
DefendantNADEEM R. ABU RU8TUM, M.D. was an employee
17. At alltimes mentioned herein,
of Defendant SLOAN-KETTERING INSTITUTE FOR CANCER RESEARCH.
58 Defendant NADEEM R. ABU-RUSTUM, M.D. was an agent of
Ó8. At all times memioned herein,
Defendant SLO/d0KETTER1 NC INST“f U EE FOR CANCER RESEARCH.
At all times mentioned herein, Defendant NADEEM R. ABU-RUSTUM, M.D. was a licensee
of Defendant SLOAN-KETTERING INSTITUTE FOR CANCER RESEARCH.
ef endant JONATilAN COLEMAN, M.D. was aphysician duly
pp. At all times mentioned herein
licensed to practice medicine in the State o f New Yorl
At a 1 times mentioned herein, Defendant JONATHAN COlEMAN,M.D. held himself out to
be a physician professiomd services to the public in general, and to Plaintiff, in particular.
offering
22. At all times mentioned herein, Defendant JONATHAN COLEMAN, NLD. represented that he
was cornpetem to perform and render aH the mediced care. treatment, services and advice required by the Plaintiff
USA ELEFANT
273. At all times mentioned hereirt Defendant JON ATRAN COLEMAN, M.D. vas n employee
..f
of Defendant MEMORIAL HOSPITAL FOR CANCER AND ALUED DISEASES
24. At all times memioned herein, Defendant JONATHAN COLEMAN, M.D. was an agent of
Defendant MEMORIAL HOSPITAL FOR CANCER AND ALLIED DISEASES.
At all times mentioned herein, Defendant JONATHAN COLEMAN, M.D. was a licensee of
Defendant MEMORIAL HOSPITAL FOR CANCER AND ALLIED DISEASES.
26 At al! times mentioned herein, Defendant JONATHAN COLEMAN, M.D. was an employee
1 of Defendant SLOAN-KETTER ANC 1NSTlTUTE FOR CANCER RESEARCH.
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DOC. NO.6 20 RECEIVED NYSCEF: 02/08/2024
JONATHAN COLEMAN, M.D. was an agent of .
21 At all times mentioned berein, Defendant
SLOAN-KETTERING INSTrrUTE FOR CANCER RESEARCH.
De endant
JONATHAN COLEMAN, M.D. was a licensee of
At all times mentioned herein. Defendant
SLOAN-KETTERING INSTITUTE FOR CANCER RESEARCIL
Defemiant
mentioned Defendants MEMORIAL HOSPITAL FOR CANCER AND
.29. At all times herein,
4
TTERING INSTITUTE FOR CANCER RESEARCH, JONATHAN
ALLIED DISEASES, SLOANKi
ABU-RUSTUM. M.D. stood in such a relationship with each other in
COLEMAN, M.D. and NADEEM R.
ELEFANT as to make each liable for the acts and omissions of the
their care and treatment ofPlaintiff LISA
other.
andthereafter,PlaintiffLISAELEFANTsoughttheprofessional
30. From onorabout July 12.201I
)
FOR CANCER AND ALLIEDDISEASESforcertainmedical
careofDefendant MEMORIAL flOSPITAL
she was and this Defendant, its agents. servants and
complaints. complaints. frorn which suffering,
including
employees rendered medical care, diagnosis, treatment and services to her.
andthereafter,Plaintiftsought theprofessionalcareofDetendant
31. rom on 3ra out tiy 12 2011
medical complaints. complaints, from which she
NADEEM R. ABU-REKfUR RD. for certain including
Defendam rendered medical care, diagnosis, treatment and services to her.
was sufTering, and this
12,20 1,and thereafter,PlaintiffsoughttheprofessionalcareofDefendant
32. Fromtnorabot ±dy
KETTERINGINSTITUTE FORCANCERRESEARCHforcertainmedical complaints.including
SLOAN
and this Defendant rendered medical care, diagnosis, treatment and
complaints, from which she was suffering,
services to her.
12,2011,and thereafter,Plaintiffsoughtthe professional care of Defendant
33. Fremonorabout July
M.D. krr certain medical complaints, complaints, from which she was
JONATIIAN COLEMAN, including
and this Defendant rend2red medical c2u·e, diagnosis, treatment and services to her.
suffering
34. The above umdial care.diagnosis, treatmentand services cendered to PlaintifTLISAELEFANT
wererenderedcarelessly,anskillfully,negligently,andnotinaccordancewithacceptedstandardsofmedicalcare,
d agnOsiS, treatment and services in the community.
the above, Plaindff LISA ELEFANT has sustained great pain, agonx iniury.
35. By reason of
SufÎcring. disability. and hospitalization. as well as mental anguish and emotional distress.
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LISA ELEFANT has sustained damages, both general and
36. reason of the above, Plaintiff
By
" special in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
each and allegation set forth above with the same force and
37 Plaintiff repeats and realleges every
effect as if more set torth at length herein.
fully
were negligent in and medical personnel who were careless,
38 Defendants hiring supervising
not possess the requisite knowledge and skill ofmedical professicmals in the
unskillful, neghgent, and who did
community.
of the Plaintiff LISA ELEFANT has sustained great pain, agony, injury,
39. By reason above,
and hospitalization. as well as mental anguish and emotional distress.
suffering. disability..
Plaintiff LISA ELEFANT has sustained damages, both general and
40 By reason of the above,
exceeds the jurisdictional limits of all lower courts which would otherwise have
special, in an amount that
jurisdiction.
AS AND FOR A THIRD CAUSE OF ACTION
reuHeges each and allegation set furth above with the same force and
41. Plaintiff repeats and every
effect as if more fully set forth at length herein.
their agents, servants and employees, failed to in
Preview
FILED: KINGS COUNTY CLERK 01/29/2024 INDEX NO. 6576/2013 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/08/2024 At Trial Term Part 4 of the Supreme Court of the State of New York held in and for Kings County, at the Courthouse, located at 360 Adams St., Borough of Brooklyn, City and State of 25th New York on the day of January, 2024 PRESENT: HON. Consuelo Mallafre Melendez JUSTICE _________________________________________________________________Ç ELEFANT, LISA PLAINTIFF -against- Index No. 6576/13 ABU-RUSTUM, NADEEM R., M.D. JONATHAN COLEMAN, M.D., MEMORIAL HOSPITAL FOR CANCER AND ALLIED DISEASES AND SLOAN-KETTERING INSTITUTE FOR CANCER RESEARCH DEFENDANTS _____________________________________________________________Ç This cause having been called for trial in its order on the Calendar, and six jurors having been duly drawn, empaneled and 16th sworn to try the same, the jury comes into the Court on the day of January, 2024, after a trial on LIABILITY and DAMAGES say that they find a verdict for: DEFENDANT (6/6). The foregoing is a true extract of the trial minutes NANCY T. SUNSHINE COUNTY CLERK BY Michael Byrne S.C.C. - PART 4 1 of 122 FILED: KINGS COUNTY CLERK 01/29/2024 INDEX NO. 6576/2013 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/08/2024 Exhibit Sheet lion. judge Consvelo Mallefre Me endez Trial Term Part Justice )5 ( - Title 86T7fNr+ A la R/457tauf Court Reporter(s) L( { .5 Calendar No. Index No. 7 Date(s) of Trial 1 2-1 14 7 25 2 PLAINTIFF DEFENDANT escription of Exhibit Description of Exhibit 5 in r 3 M a r S .-- 22.. / COURT E IBIT S 2 of 122 FILED: KINGS COUNTY CLERK 01/29/2024 INDEX NO. 6576/2013 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/08/2024 Exhibit Sheet o cL Trial Term Part Justice o . Title e Court Reporter(s) (hht Ay Calendar No. Index No. $ p C 2 (3 of Trial 2 I l) 2 2 I 13/7. I 74 29, 2 7 Date(s) ....PLAINTIFF DEFENDANT Description of Exhibit Description of Exhibit * a COURT EXHIBITS 3 of 122 FILED: KINGS COUNTY CLERK 01/29/2024 INDEX NO. 6576/2013 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 02/08/2024 EXHIBIT SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS -----------------------------------------------------------X AMENDED LISA ELEFANT, SUMMONS Plaintiff, Plaintiff designates Kings County as the place of trial. -against- The basis of venue is: Residence of Plaintiff NADEEM R. ABU-RUSTUM, M.D., JONATHAN COLEMAN, M.D., MEMORIAL HOSPITAL Plaintiff resides at: FOR CANCER AND ALLIED DISEASES, and SLOAN- 1164 East 24th Street KETTERING INSTITUTE FOR CANCER RESEARCH, Brooklyn, New York 11230 County of Kings Defendants. ._____________.______________.--__________-----X To the above named Defendants: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiffs attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: BROOKLYN, NEW YORK October 7, 2013 MARK I. GOLDSTEIN GOLDSTEIN & GOLDSTEIN, P.C. Attorneys for Plaintiff LISA ELEFANT 26 Court Street, 20th Floor Brooklyn, New York 11242 (718) 855-0551 Our File No. 12-10819 TO: NADEEM R. ABU-RUSTUM, M.D. JONATHAN COLEMAN, M.D. MEMORIAL HOSPITAL FOR CANCER AND ALLIED DISEASES SLOAN-KETTERING INSTITUTE FOR CANCER RESEARCH 4 of 122 FILED: KINGS COUNTY CLERK 01/29/2024 INDEX NO. 6576/2013 06/30/20 NYSCEF YSCE DOC. NO. 6 20 DOC. NO. RECEIVEDNYSCEF: RECEIVED NYSCEF: 02/08/2024 SUPREME COlMT OF THE S FATF OF NEW YORK COUNTY OF KINGS LISA ELEFANT, Plaintiff -against- Index No.: AMENDED NADEEM R. ABU-RUSTUM, M.D.. JONATHAN VERIFIED COMPLAINT COLFMAN. M.D.. MFMORIAL f luSPfTAL AND and SLOAN- F OR CANCER ALLlED DiSEASES, KETTERING INS (TTUTE FOR CANGR RESEARCH Defendarits. ____..______________________________... -----------.---.-------X Plaintifi. LISA ELEFANT by her attorneys. GOLDSTEIN & GOLDSTEIN, P.C.complaining of the alleges. upon information and belief, as f ollows: Defendants, respectfully A ber ÊUÜm ' Ñ f " b (Arijs4• = 2 = /l46K-- FOR A CAUSE OF ACTION pgurid AS AND FIRST At the lime emnmencement of this action. Plaintiff was a resident of the County of Kings. of the State of New York. 2. That this action falls within one or more of the exemptions set forth in CPLR §1602. 3. At all times mentioned herein, Defendant MEMORIAL HOSPITAL FOR CANCER AND LLIED DISEASES s a donwslic corporatio organized and under, and by virtue of, the laws chdy existing SE of the State of New York. 4. At all times mentioned herein, the principal place of business of Defendant MEMORIAL HOSPITAL FOR CANCER AND ALLIED DISEASES waslocatedinthe StateofNew York, County ofNew 5. At all times mentioued herein MEMORIAL HOSPITAL FOR CANCER AND ALLIED DISEASES was, and still is. the owner of a health-eare known as Memorial Sloan-Kettering Cancer facility Hosoital. 5 of 122 FILED: KINGS COUNTY CLERK 01/29/2024 INDEX NO. 6576/2013 RECEIVED NYSCEF: 06/30/2Ô2 NYSCEF YSCEÈ DOC. NO. DOC. NO. 6 20 RECEIVED NYSCEF: 02/08/2024 Defendant MEMORIAL HOSPITAL FOR CANCER AND At all times mentioned herein, pursuant to the laws ofthe 8tate of I DISEASES owned. operated. controlled. and managed a hospital ALLIED Cancer Hospital located at 1275 York New York for the care of the sick known as Memorial Sloan-Kettering provided personnel doctors, nurses, attendants and Avenue. New York, New Y ork 065, which including which held itself out to the public as furnishing treatment others for the care and treatment of its patients and LISA ELEFANT could be treated for various ailments. facilities where patients, including Plaintiff FOR CANCER 6 ASE f Atall times rnentioned herein Defendant SLOAN-KETTERING INSTITUTE ast caftf 3 and virtue the laws of the ESEARCF was a dornestic corporation duly organized and existing under, by of, State oENew York. OW business of Defendant SLOAN- 54-3 At all tim s mentioled herein, the principal place of g, F OR CANCER RESEARCH was located in the State of New York, County of i1bt (TTERING INSTIT JTE New York n ned herein SLOAN-KETTERING INSTITUTE FOR CANCER tith-care known as Memorial Sloan-Kettering Cancer RESEARCH was, and still is. the a facility Hospital A all times mentic Ted herein, DefendantSLOAN-KETTERING INSTITUTE FOR CANCER controlled emd managed a hospital pursuant to the laws of the State of New RESEARCH owned, operated, of the sick. known as Memorial Cancer Hospital located at1275 York Avenue, York for the care Sloan-Kettering doctors,nurses, attendants and others for the New York, New York. 10065, which provided personnel, inchiding and which held itself out to the public as furnishing treatment facilities where care and treatment of its patients pmients. Plaintiff LISA ELEFANT could be treated for various ailments. including VAA’Mht' A 1 1. At all times mentioned berein, Defendant NADEEM R. ABU-RUSTEM was a physician duly ft-- T) licensed to practice medicine in the State of New York. Sic A *** '4C *77 /AE mentioned herein. Defendant NADEEM R. ABU-RUSTUM, M.D. held himself 12. At all times out to be a physician professional services to the public in general and to Plaintift m particular. offering D. \t all times mentioned herein, DefendantNADEEM R. ABU-RUSTUM, M.D.represented that and render all the medical treatment. services and advice required by the I he was competent to perform care, Plaintiff IJSA ELEFANT. A/g/4£+ t\ SK A NAA.ItatA'-adNW a sc ow 6 of 122 FILED: KINGS COUNTY CLERK 01/29/2024 INDEX NO. 6576/2013 06/30/2( 2 NYSCEF YSCEF DOC.NO. DOC. NO. 6 20 RECEIVEDNYSCEF: RECEIVED NYSCEF: 02/08/2024 mentioned herein. Defendant N ADEEM R. ABU-RUSTUM, M.D. wa mployee 14. At all times MEM fiAL HOSPITAL FOR CANCER AND ALLIED DISEASES of Defendam 75- D/Cl rnentioned Defendant NADEEM R. ABU-RUSTUM M.D. was an agent of Sad /¶15. At all times herein, Defendant MEMORIAL HOSPITAL FOR CANCER AND ALLIED DISEASES. mentioned Defendant NADEEM R. ABU-RUSTUM, M.D. was a licensee 16. At all times herein, of Detendant MEMORIAL ROSPIT AL FOR CANCER AND ALLIED DISEASES. DefendantNADEEM R. ABU RU8TUM, M.D. was an employee 17. At alltimes mentioned herein, of Defendant SLOAN-KETTERING INSTITUTE FOR CANCER RESEARCH. 58 Defendant NADEEM R. ABU-RUSTUM, M.D. was an agent of Ó8. At all times memioned herein, Defendant SLO/d0KETTER1 NC INST“f U EE FOR CANCER RESEARCH. At all times mentioned herein, Defendant NADEEM R. ABU-RUSTUM, M.D. was a licensee of Defendant SLOAN-KETTERING INSTITUTE FOR CANCER RESEARCH. ef endant JONATilAN COLEMAN, M.D. was aphysician duly pp. At all times mentioned herein licensed to practice medicine in the State o f New Yorl At a 1 times mentioned herein, Defendant JONATHAN COlEMAN,M.D. held himself out to be a physician professiomd services to the public in general, and to Plaintiff, in particular. offering 22. At all times mentioned herein, Defendant JONATHAN COLEMAN, NLD. represented that he was cornpetem to perform and render aH the mediced care. treatment, services and advice required by the Plaintiff USA ELEFANT 273. At all times mentioned hereirt Defendant JON ATRAN COLEMAN, M.D. vas n employee ..f of Defendant MEMORIAL HOSPITAL FOR CANCER AND ALUED DISEASES 24. At all times memioned herein, Defendant JONATHAN COLEMAN, M.D. was an agent of Defendant MEMORIAL HOSPITAL FOR CANCER AND ALLIED DISEASES. At all times mentioned herein, Defendant JONATHAN COLEMAN, M.D. was a licensee of Defendant MEMORIAL HOSPITAL FOR CANCER AND ALLIED DISEASES. 26 At al! times mentioned herein, Defendant JONATHAN COLEMAN, M.D. was an employee 1 of Defendant SLOAN-KETTER ANC 1NSTlTUTE FOR CANCER RESEARCH. 7 of 122 FILED: KINGS COUNTY CLERK 01/29/2024 INDEX NO. 6576/2013 RECEIVED NYSCEF: 06/30/2C2 NYSCEF YSCE DOC.NO. DOC. NO.6 20 RECEIVED NYSCEF: 02/08/2024 JONATHAN COLEMAN, M.D. was an agent of . 21 At all times mentioned berein, Defendant SLOAN-KETTERING INSTrrUTE FOR CANCER RESEARCH. De endant JONATHAN COLEMAN, M.D. was a licensee of At all times mentioned herein. Defendant SLOAN-KETTERING INSTITUTE FOR CANCER RESEARCIL Defemiant mentioned Defendants MEMORIAL HOSPITAL FOR CANCER AND .29. At all times herein, 4 TTERING INSTITUTE FOR CANCER RESEARCH, JONATHAN ALLIED DISEASES, SLOANKi ABU-RUSTUM. M.D. stood in such a relationship with each other in COLEMAN, M.D. and NADEEM R. ELEFANT as to make each liable for the acts and omissions of the their care and treatment ofPlaintiff LISA other. andthereafter,PlaintiffLISAELEFANTsoughttheprofessional 30. From onorabout July 12.201I ) FOR CANCER AND ALLIEDDISEASESforcertainmedical careofDefendant MEMORIAL flOSPITAL she was and this Defendant, its agents. servants and complaints. complaints. frorn which suffering, including employees rendered medical care, diagnosis, treatment and services to her. andthereafter,Plaintiftsought theprofessionalcareofDetendant 31. rom on 3ra out tiy 12 2011 medical complaints. complaints, from which she NADEEM R. ABU-REKfUR RD. for certain including Defendam rendered medical care, diagnosis, treatment and services to her. was sufTering, and this 12,20 1,and thereafter,PlaintiffsoughttheprofessionalcareofDefendant 32. Fromtnorabot ±dy KETTERINGINSTITUTE FORCANCERRESEARCHforcertainmedical complaints.including SLOAN and this Defendant rendered medical care, diagnosis, treatment and complaints, from which she was suffering, services to her. 12,2011,and thereafter,Plaintiffsoughtthe professional care of Defendant 33. Fremonorabout July M.D. krr certain medical complaints, complaints, from which she was JONATIIAN COLEMAN, including and this Defendant rend2red medical c2u·e, diagnosis, treatment and services to her. suffering 34. The above umdial care.diagnosis, treatmentand services cendered to PlaintifTLISAELEFANT wererenderedcarelessly,anskillfully,negligently,andnotinaccordancewithacceptedstandardsofmedicalcare, d agnOsiS, treatment and services in the community. the above, Plaindff LISA ELEFANT has sustained great pain, agonx iniury. 35. By reason of SufÎcring. disability. and hospitalization. as well as mental anguish and emotional distress. 8 of 122 FILED: KINGS COUNTY CLERK 01/29/2024 INDEX NO. 6576/2013 RECEIVED NYSCEF: 06/30/202 NYSCEF YSCE DOC. NO.6 20 DOC.NO. RECEIVED NYSCEF: 02/08/2024 LISA ELEFANT has sustained damages, both general and 36. reason of the above, Plaintiff By " special in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION each and allegation set forth above with the same force and 37 Plaintiff repeats and realleges every effect as if more set torth at length herein. fully were negligent in and medical personnel who were careless, 38 Defendants hiring supervising not possess the requisite knowledge and skill ofmedical professicmals in the unskillful, neghgent, and who did community. of the Plaintiff LISA ELEFANT has sustained great pain, agony, injury, 39. By reason above, and hospitalization. as well as mental anguish and emotional distress. suffering. disability.. Plaintiff LISA ELEFANT has sustained damages, both general and 40 By reason of the above, exceeds the jurisdictional limits of all lower courts which would otherwise have special, in an amount that jurisdiction. AS AND FOR A THIRD CAUSE OF ACTION reuHeges each and allegation set furth above with the same force and 41. Plaintiff repeats and every effect as if more fully set forth at length herein. their agents, servants and employees, failed to in