Preview
FILED: NASSAU COUNTY CLERK 03/28/2024 03:23 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 03/28/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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DINO BONAVITA,
Plaintiffs,
-against- Index No.: 611506/2018
SYED MUJAHID SAYEED, M.D., PRECISION EXPERT WITNESS RESPONSE
SURGERY OF NEW YORK, P.C., NORTH SHORE OF NORTH SHORE
UNIVERSITY HOSPITAL, and NORTHWELL UNIVERSITY HOSPITAL
HEALTH, PURSUANT TO CPLR §3101(d)
(RADIOLOGY)
Defendants.
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COUNSELORS:
PLEASE TAKE NOTICE, that the defendant, NORTH SHORE UNIVERSITY
HOSPITAL, by their attorneys RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN, LLP, as
and for their disclosure pursuant to CPLR 3101(d) hereby states as follows:
1. Pursuant to the provisions of CPLR §3101(d)(1)(i), the defendant declines to
provide the names of persons expected to be called as expert witnesses at the time of trial.
However, the defendant may call an expert who is Board Certified by the American Board of
Diagnostic Radiology. Said expert graduated from Rutgers University in 1998. Thereafter, said
expert completed an internship at Albert Einstein Medical Center, Philadelphia, PA in 1999 and a
radiology residency at NYP - Columbia University Irving Medical Center in 2003, followed by an
MRI Fellowship at College of Physicians and Surgeons, Columbia University in 2004. This expert
is currently affiliated with a major institution in New York and is licensed to practice medicine in
the State of New York.
2. It is anticipated that the subject matter of the testimony of the defendant’s expert
will concern the appropriateness of the care and treatment rendered to the plaintiff, DINO
BONAVITA, and that such care was not the proximate cause of any injury claimed by the plaintiff
in this case.
3. With respect to the substance of the facts of which the defendant’s expert is
expected to testify, it is anticipated said expert will testify to the facts and treatment rendered to
the plaintiff, DINO BONAVITA, by NORTH SHORE UNIVERSITY HOSPITAL, and the
plaintiff’s prior, concurrent and subsequent treating physicians. With respect to the substance of
the opinions to which the defendant’s expert expects to testify, it is anticipated that the expert will
testify to an opinion within a reasonable degree of medical certainty that the treatment and
management of the plaintiff’s condition by NORTH SHORE UNIVERSITY HOSPITAL, was
consistent with good and accepted standards of medical and radiologic practice in existence at the
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FILED: NASSAU COUNTY CLERK 03/28/2024 03:23 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 03/28/2024
time period in issue, and on the issue of causation. Said expert is anticipated to testify that the
plaintiff’s injuries as alleged in the Bill of Particulars, expert witness disclosure and as may be
discussed at trial, were not caused by any action of omission of the defendant which could be
considered negligence or a departure from the standards of medical practice.
4. It is further expected that the expert will testify regarding diagnostic radiology;
what can be identified on imaging; when imaging is indicated; foreign objects; the anatomy of the
hand; imaging for an injury that was caused by foreign objects including but not limited to glass;
interpretation of imaging; reporting of findings on imaging; and short- and long-term sequela.
5. Said expert is expected to testify that the defendant timely, properly, and
appropriately: obtained the patient's history, appreciated the significance of the history obtained
and acted accordingly; appreciated the significance of physical findings and acted accordingly;
performed, interpreted, appreciated, and reported, the significance of diagnostic studies and acted
accordingly; did not fail to appreciate the existence of a foreign object on imaging.
The expert will also be expected to testify that this defendant: was properly equipped and
qualified to treat the patient; rendered diagnoses that were reasonable and in accordance with
accepted standards of care; rendered care within good and accepted standards of medical and
radiologic practice in the services rendered to the patient; properly exercised medical judgment;
properly obtained informed consent if indicated; exercised prudence and caution on behalf of
the patient; treated the patient in a careful and diligent manner; and made and kept accurate,
complete, correct and truthful notes, records and reports.
Said expert is also expected to testify as to the possible causes of the plaintiff’s injuries and
contributing factors. Said expert is also expected to testify that this defendant's care and treatment
was not the proximate cause of the patient's alleged injuries.
6. Said expert will also dispute all of those allegations set forth in the plaintiff’s bills
of particulars and expert witness disclosures. Said expert will further dispute all allegations that
are claimed to have caused injury to the plaintiff, DINO BONAVITA, as none of the care rendered
by the defendant, to the plaintiff, DINO BONAVITA, was a proximate cause of any claimed
injuries.
7. It is anticipated that the grounds for the expert’s opinion will be said expert’s
knowledge and experience as a specialist in the field of Diagnostic Radiology, said expert’s review
of applicable medical literature, personal research, applicable medical records, deposition
transcripts, trial testimony and the expert’s educational and vocational experience.
8. The defendant reserves the right to call as witnesses the plaintiff’s prior, concurrent,
and subsequent treating physicians.
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FILED: NASSAU COUNTY CLERK 03/28/2024 03:23 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 03/28/2024
PLEASE TAKE FURTHER NOTICE, that the defendant reserves the right to
supplement and/or amend the aforementioned response as circumstances warrant and to produce
any experts needed in rebuttal to any testimony introduced by the plaintiff.
Dated: March 27, 2024
Garden City, New York
RUBIN PATERNITI GONZALEZ
RIZZO KAUFMAN, LLP
By: _______________________________
Angela M. Criscuolo
Attorneys for Defendant
NORTH SHORE UNIVERSITY HOSPITAL
1225 Franklin Avenue, Suite 200
Garden City, New York 11530
(516) 344-6376
File No.: 46.1086
To:
CAITLIN ROBIN & ASSOCIATES PLLC
Attorneys for Plaintiff
30 Broad Street. Suite 702
New York, NY 10004
(646) 524-6026
VOUTE, LOHRFINK, McANDREW, MEISNER &
ROBERTS, LLP
Attorneys for Defendants
SYED MUJAHID SAYEED, M.D and
PRECISION SURGERY OF NEW YORK, P.C.
170 Hamilton Avenue
White Plains, NY 10601
(914) 946-1400
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FILED: NASSAU COUNTY CLERK 03/28/2024 03:23 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 03/28/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
DINO BONAVITA,
Plaintiffs,
-against- Index No.: 611506/2018
SYED MUJAHID SAYEED, M.D., PRECISION SURGERY
OF NEW YORK, P.C., NORTH SHORE UNIVERSITY
HOSPITAL, and NORTHWELL HEALTH,
Defendants,
EXPERT WITNESS RESPONSE PURSUANT TO CPLR §3101(d)
RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN LLP
Attorneys for Defendant
NORTH SHORE UNIVERSITY HOSPITAL
Office and Post Office Address
1225 Franklin Avenue, Suite 200
Garden City, New York 11530
Telephone (516) 344-6376
TO: ALL PARTIES
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Preview
FILED: NASSAU COUNTY CLERK 03/28/2024 03:23 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 03/28/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------------------------------------------------X DINO BONAVITA, Plaintiffs, -against- Index No.: 611506/2018 SYED MUJAHID SAYEED, M.D., PRECISION EXPERT WITNESS RESPONSE SURGERY OF NEW YORK, P.C., NORTH SHORE OF NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL UNIVERSITY HOSPITAL HEALTH, PURSUANT TO CPLR §3101(d) (RADIOLOGY) Defendants. --------------------------------------------------------------------X COUNSELORS: PLEASE TAKE NOTICE, that the defendant, NORTH SHORE UNIVERSITY HOSPITAL, by their attorneys RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN, LLP, as and for their disclosure pursuant to CPLR 3101(d) hereby states as follows: 1. Pursuant to the provisions of CPLR §3101(d)(1)(i), the defendant declines to provide the names of persons expected to be called as expert witnesses at the time of trial. However, the defendant may call an expert who is Board Certified by the American Board of Diagnostic Radiology. Said expert graduated from Rutgers University in 1998. Thereafter, said expert completed an internship at Albert Einstein Medical Center, Philadelphia, PA in 1999 and a radiology residency at NYP - Columbia University Irving Medical Center in 2003, followed by an MRI Fellowship at College of Physicians and Surgeons, Columbia University in 2004. This expert is currently affiliated with a major institution in New York and is licensed to practice medicine in the State of New York. 2. It is anticipated that the subject matter of the testimony of the defendant’s expert will concern the appropriateness of the care and treatment rendered to the plaintiff, DINO BONAVITA, and that such care was not the proximate cause of any injury claimed by the plaintiff in this case. 3. With respect to the substance of the facts of which the defendant’s expert is expected to testify, it is anticipated said expert will testify to the facts and treatment rendered to the plaintiff, DINO BONAVITA, by NORTH SHORE UNIVERSITY HOSPITAL, and the plaintiff’s prior, concurrent and subsequent treating physicians. With respect to the substance of the opinions to which the defendant’s expert expects to testify, it is anticipated that the expert will testify to an opinion within a reasonable degree of medical certainty that the treatment and management of the plaintiff’s condition by NORTH SHORE UNIVERSITY HOSPITAL, was consistent with good and accepted standards of medical and radiologic practice in existence at the 1 of 4 FILED: NASSAU COUNTY CLERK 03/28/2024 03:23 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 03/28/2024 time period in issue, and on the issue of causation. Said expert is anticipated to testify that the plaintiff’s injuries as alleged in the Bill of Particulars, expert witness disclosure and as may be discussed at trial, were not caused by any action of omission of the defendant which could be considered negligence or a departure from the standards of medical practice. 4. It is further expected that the expert will testify regarding diagnostic radiology; what can be identified on imaging; when imaging is indicated; foreign objects; the anatomy of the hand; imaging for an injury that was caused by foreign objects including but not limited to glass; interpretation of imaging; reporting of findings on imaging; and short- and long-term sequela. 5. Said expert is expected to testify that the defendant timely, properly, and appropriately: obtained the patient's history, appreciated the significance of the history obtained and acted accordingly; appreciated the significance of physical findings and acted accordingly; performed, interpreted, appreciated, and reported, the significance of diagnostic studies and acted accordingly; did not fail to appreciate the existence of a foreign object on imaging. The expert will also be expected to testify that this defendant: was properly equipped and qualified to treat the patient; rendered diagnoses that were reasonable and in accordance with accepted standards of care; rendered care within good and accepted standards of medical and radiologic practice in the services rendered to the patient; properly exercised medical judgment; properly obtained informed consent if indicated; exercised prudence and caution on behalf of the patient; treated the patient in a careful and diligent manner; and made and kept accurate, complete, correct and truthful notes, records and reports. Said expert is also expected to testify as to the possible causes of the plaintiff’s injuries and contributing factors. Said expert is also expected to testify that this defendant's care and treatment was not the proximate cause of the patient's alleged injuries. 6. Said expert will also dispute all of those allegations set forth in the plaintiff’s bills of particulars and expert witness disclosures. Said expert will further dispute all allegations that are claimed to have caused injury to the plaintiff, DINO BONAVITA, as none of the care rendered by the defendant, to the plaintiff, DINO BONAVITA, was a proximate cause of any claimed injuries. 7. It is anticipated that the grounds for the expert’s opinion will be said expert’s knowledge and experience as a specialist in the field of Diagnostic Radiology, said expert’s review of applicable medical literature, personal research, applicable medical records, deposition transcripts, trial testimony and the expert’s educational and vocational experience. 8. The defendant reserves the right to call as witnesses the plaintiff’s prior, concurrent, and subsequent treating physicians. 2 2 of 4 FILED: NASSAU COUNTY CLERK 03/28/2024 03:23 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 03/28/2024 PLEASE TAKE FURTHER NOTICE, that the defendant reserves the right to supplement and/or amend the aforementioned response as circumstances warrant and to produce any experts needed in rebuttal to any testimony introduced by the plaintiff. Dated: March 27, 2024 Garden City, New York RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN, LLP By: _______________________________ Angela M. Criscuolo Attorneys for Defendant NORTH SHORE UNIVERSITY HOSPITAL 1225 Franklin Avenue, Suite 200 Garden City, New York 11530 (516) 344-6376 File No.: 46.1086 To: CAITLIN ROBIN & ASSOCIATES PLLC Attorneys for Plaintiff 30 Broad Street. Suite 702 New York, NY 10004 (646) 524-6026 VOUTE, LOHRFINK, McANDREW, MEISNER & ROBERTS, LLP Attorneys for Defendants SYED MUJAHID SAYEED, M.D and PRECISION SURGERY OF NEW YORK, P.C. 170 Hamilton Avenue White Plains, NY 10601 (914) 946-1400 3 3 of 4 FILED: NASSAU COUNTY CLERK 03/28/2024 03:23 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 03/28/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU DINO BONAVITA, Plaintiffs, -against- Index No.: 611506/2018 SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, Defendants, EXPERT WITNESS RESPONSE PURSUANT TO CPLR §3101(d) RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN LLP Attorneys for Defendant NORTH SHORE UNIVERSITY HOSPITAL Office and Post Office Address 1225 Franklin Avenue, Suite 200 Garden City, New York 11530 Telephone (516) 344-6376 TO: ALL PARTIES 4 4 of 4