Preview
FILED: SUFFOLK COUNTY CLERK 04/01/2024 09:54 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 272 RECEIVED NYSCEF: 04/01/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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xxxxxx xxxxxxxx, on behalf of C.S., an infant
under the age 18,
Plaintiff, Index No.: 026910/2012
-against-
ORDER WITH
NOTICE OF ENTRY
RONALD J. TADEO, M.D.
Defendant.
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PLEASE TAKE NOTICE, that pursuant to CPLR § 2220, the within is a true copy of
A Decision/Order issued by Honorable C. Stephen Hackeling, J.S.C. dated March 28, 2024, duly
entered in the office of the Clerk of the Supreme Court, Suffolk County on March 28, 2024.
Dated: Melville, New York
April 1, 2024
NAPOLI SHKOLNIK, PLLC
__________________________
xxxxxx L. xxxxxxx, Esq.
Attorneys for Plaintiffs
400 Broadhollow Road, Suite 305
Melville, New York 11747
T: (212) 267-3700
TO:
anina.monte@mcblaw.com
MARTIN CLEARWATER & BEL LLP,
Attorneys for Defendant
RONAL J. TADEO, M.D.
220 East 42nd Street
New York, New York 10017
212-949-7054
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AFFIRMATION OF SERVICE BY MAIL
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
xxxxxx L. xxxxxxx, an attorney duly admitted to practice law before the Courts of the
State of
New York, affirms the following under the penalties of perjury:
I am not a party to this action; I am over the age of 18 years; and resides in Nassau County,
New York.
That on the 1st day of April 2024 deponent served the within NOTICE OF ENTRY upon
the following attorneys for the defendant(s), as listed below, at the address designated by said
attorneys for that purpose by depositing a true copy of same enclosed in a postpaid properly
addressed wrapper, in a post office official depository under the exclusive care and custody of
the United States Postal Service within the State of New York.
TO:
anina.monte@mcblaw.com
MARTIN CLEARWATER & BEL LLP,
Attorneys for Defendant
RONAL J. TADEO, M.D.
220 East 42nd Street
New York, New York 10017
212-949-7054
NAPOLI SHKOLNIK, LLP
__________________________
xxxxxx L. xxxxxxx, Esq.
Attorneys for Plaintiffs
400 Broadhollow Road, Suite 305
Melville, New York 11747
T: (212) 267-3700
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FILED: SUFFOLK COUNTY CLERK 04/01/2024 09:54 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 272 RECEIVED NYSCEF: 04/01/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
xxxxxx SCGAKKERM, on behalf of C.S., an infant Index No.: 026910/2012
under the age of 18,
Plaintiff
-against-
RONALD J. TADEO, M.D.
Defendant.
=====================================================================
NOTICE OF ENTRY
=====================================================================
NAPOLI SHKOLNIK, PLLC
400 Broadhollow Rd.
Melville, NY 11747
Tel: (212) 397-1000
Fax: (646) 843-7603
=====================================================================
To
Attorney(s) for
=====================================================================
Service of a copy of the within is hereby admitted.
Dated, ________________________________
Attorney(s) for
=====================================================================
PLEASE TAKE NOTICE:
NOTICE OF ENTRY
that the within is a (certified) true copy of an duly entered in
the office of the clerk of the within named court on __________________202__.
NOTICE OF SETTLEMENT
that an order of which the within is a true copy
will be presented for settlement to the HON. one of the judges of
the
within named Court, at on
202___ at________ O’clock ___.M.
Dated, _________________________
Yours, etc.
NAPOLI SHKOLNIK, PLLC
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NYSCEF DOC. NO. 272
271 RECEIVED NYSCEF: 04/01/2024
03/28/2024
Shon form Order
SUPREMD COURT - STATE OF NEW YORK
I.A.S. PART XII SUFFOLK COUNTY
PRESENT:
HON. C. STEPHEN HACKELING, J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COTINTY OF SUFFOLK
x Index No. 02691012012
xxxxxx xxxxxxxx. on behalf of C.S.. an infant under
the age of 18, Motion Date: 01117 12024
Mot. Seq. No. 01S-MotD
Pluint ilf .
ORDER
-agalnst-
RONAI,D J. TADEO, M.D..
DeJbrulont
X
The issues in the above-captioned case having come on for trial before Honorable C.
Stephen Hackeling, J.s.c., and a Jury of this court hetd at the courthouse located at one court
street, Riverhead, New York 11901 on May 30, 2013;May 3r,2023:June 1,2023; riu,e9,2023;
June 13, 2023; June 14,2023; June 15, 2023: and ptaintiff xxxxxx xxxxxxxx, on behalf of
C.S. an
infant under the age of 18; having appeared by her attomeys, Napoli Shkotnik pLLC, by
counsel
xxxxxx L. xxxxxxx, Esq., with offices at 400 Broadhollow Road, Suite 305,
Melville, Ny t 1747,
and Defendant Ronald J. Taddeo, M.D. (s/h/a Ronald J. Tadeo, M.D.), having
appeared by his
attomeys Martin clearwater & Bell, LLp, by counset Anina Monte, Esq., on the issues
of liability
and damages, and on May 30,2023, the caption was amended on the record to remove plaintiff
xxxxxx xxxxxxxx, Individually as well as to remove defendants Richard pitch,
M.D., Scott Berlin,
M.D., Family Psychology of Long Island, Berlin OBGYN Associates, Janssen pharmaceuticals,
Page I of 3
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PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 272
271 RECEIVED NYSCEF: 04/01/2024
03/28/2024
Inc. k/n/a ortho-McNeil-Janssen Pharmaceuticals, Inc. and Zydus pharmaceutical (USA), Inc.
[see NYSCEF Doc. No. 246] ard a jury having rendered a verdict on June 15, 2023 in plaintiffs
favor and against defendant, and the jury duty awarding plaintiff $3,000,000 for past pain and
suffering and $1,000,000 for future pain and suffering; and defendant, by Notice of Motion dated
August 14, 2023, having moved pursuant to CPLR $ aa0a(a) for an order setting aside the verdict
and granting judgment in their favor as a matter of [aw, or in the alternative, a new trial, or as a
further altemative, conditionally ordering a new trial as to damages, unless plaintiff stipulates to
reductions in the awards for past and future pain and suffering, and, pursuant to General
Obligations Law $ 15-108, ordering a $900,000 set-off against plaintiffs recovery representing
the settlement amount with the former co-defendants Janssen Pharmaceuticals, Inc. k/n/a Ortho-
McNeil Janssen Pharmaceuticals, Inc. and Zydus pharmaceuticals, Inc.; and the court having
rendered an Order from the Bench on January 17, 2024, holding that defendants
are entitled to a
$900,000 set-off pursuant to General obligations Law $ l5-l0g w.tth g% interest per annum
pursuant to cPLR $$ 5002 and 5004 thereon from June 15, 2023; and considering all prior
proceedings, pleadings, motions, and arguments, and after due deliberation,
it is
oRDERED,that plaintiffpamela xxxxxxxx, on behalf of c.S. an infant under the age of 1g,
does recover of defendant Ronald J. Taddeo, M.D. $3,000,000 for past pain and
suffering and
$l'000,000 for future pain and suffering, for a total of$4,000,000 tess $900,000 set-off for a total
judgment of $3,100,000, together with post judgment interest
at 9%o per annum calculated from
June 15, 2023, and it is further
ORDERED that plaintiff is directed to submit a proposed clerk,s money judgment to
the
suffolk county clerk, in conformity with the attached Judgment checklist, in the amount of
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03/28/2024 09:54
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PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 272
271 RECEIVED NYSCEF: 04/01/2024
03/28/2024
$3,100,000, plus the costs and disbursements ofthis action to be calculated by the Suffolk County
Clerk against defendant Ronald J. Taddeo, M.D.; and it is further
ORDERED that plaintiff is stayed from enforcing the judgment for 90 days after service
of notice of entry of this order.
Dated: March 28,2024
Hon. C. Stephen
)a
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FILED: SUFFOLK COUNTY CLERK 04/01/2024
03/28/2024 09:54
04:34 AM
PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 272
271 RECEIVED NYSCEF: 04/01/2024
03/28/2024
COUNTY OF SUFFOLK
OFFICE OF THE COUNTY CLERK
VINCENT PULEO
COUNTY CLERK
JUDGMENT CHECKLTST
Alljudgments must contain the following information
1 . States the Court and County issuing the judgment.
2. Full caption including name of the document ("Judgment") and index number.
3. Judgment credito(s) name(s) and last known address(es).
4. Judgment creditofs attorney's address, if there is an attorney.
5. Judgment debtor(s) name(s) and last known address(es).
6. lf the judgment creditor's or judgment debtor's address is unknown, an affidavit
executed by the party (or their counsel) who is requesting docketing of the
judgment must be filed stating that the affiant has no knowledge of an address.
7. State in clear language the adjudicdtion of the rights of the parties at issue.
8. The sum to be recovered in figures if a money judgment.
9. State the result of the verdict or decision or the default upon which it is based.
10. lf Judge award's pre-judgment interest, need the date from and rate for which it is
to be calculated.
11. Leave the portions blank where the county clerk is to insert the calculations for
interest and taxation of costs and disbursements.
'12. State that the judgment
creditor "shall have execution thereof,.
VINCENT PULEO
SUFOLK COUNry CLERK
COURT ACTIONS DEPARTMENT
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Preview
FILED: SUFFOLK COUNTY CLERK 04/01/2024 09:54 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 272 RECEIVED NYSCEF: 04/01/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------------------------------------------------X xxxxxx xxxxxxxx, on behalf of C.S., an infant under the age 18, Plaintiff, Index No.: 026910/2012 -against- ORDER WITH NOTICE OF ENTRY RONALD J. TADEO, M.D. Defendant. ---------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR § 2220, the within is a true copy of A Decision/Order issued by Honorable C. Stephen Hackeling, J.S.C. dated March 28, 2024, duly entered in the office of the Clerk of the Supreme Court, Suffolk County on March 28, 2024. Dated: Melville, New York April 1, 2024 NAPOLI SHKOLNIK, PLLC __________________________ xxxxxx L. xxxxxxx, Esq. Attorneys for Plaintiffs 400 Broadhollow Road, Suite 305 Melville, New York 11747 T: (212) 267-3700 TO: anina.monte@mcblaw.com MARTIN CLEARWATER & BEL LLP, Attorneys for Defendant RONAL J. TADEO, M.D. 220 East 42nd Street New York, New York 10017 212-949-7054 1 of 7 FILED: SUFFOLK COUNTY CLERK 04/01/2024 09:54 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 272 RECEIVED NYSCEF: 04/01/2024 AFFIRMATION OF SERVICE BY MAIL STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) xxxxxx L. xxxxxxx, an attorney duly admitted to practice law before the Courts of the State of New York, affirms the following under the penalties of perjury: I am not a party to this action; I am over the age of 18 years; and resides in Nassau County, New York. That on the 1st day of April 2024 deponent served the within NOTICE OF ENTRY upon the following attorneys for the defendant(s), as listed below, at the address designated by said attorneys for that purpose by depositing a true copy of same enclosed in a postpaid properly addressed wrapper, in a post office official depository under the exclusive care and custody of the United States Postal Service within the State of New York. TO: anina.monte@mcblaw.com MARTIN CLEARWATER & BEL LLP, Attorneys for Defendant RONAL J. TADEO, M.D. 220 East 42nd Street New York, New York 10017 212-949-7054 NAPOLI SHKOLNIK, LLP __________________________ xxxxxx L. xxxxxxx, Esq. Attorneys for Plaintiffs 400 Broadhollow Road, Suite 305 Melville, New York 11747 T: (212) 267-3700 2 of 7 FILED: SUFFOLK COUNTY CLERK 04/01/2024 09:54 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 272 RECEIVED NYSCEF: 04/01/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK xxxxxx SCGAKKERM, on behalf of C.S., an infant Index No.: 026910/2012 under the age of 18, Plaintiff -against- RONALD J. TADEO, M.D. Defendant. ===================================================================== NOTICE OF ENTRY ===================================================================== NAPOLI SHKOLNIK, PLLC 400 Broadhollow Rd. Melville, NY 11747 Tel: (212) 397-1000 Fax: (646) 843-7603 ===================================================================== To Attorney(s) for ===================================================================== Service of a copy of the within is hereby admitted. Dated, ________________________________ Attorney(s) for ===================================================================== PLEASE TAKE NOTICE: NOTICE OF ENTRY that the within is a (certified) true copy of an duly entered in the office of the clerk of the within named court on __________________202__. NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named Court, at on 202___ at________ O’clock ___.M. Dated, _________________________ Yours, etc. NAPOLI SHKOLNIK, PLLC 3 of 7 FILED: SUFFOLK COUNTY CLERK 04/01/2024 03/28/2024 09:54 04:34 AM PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 272 271 RECEIVED NYSCEF: 04/01/2024 03/28/2024 Shon form Order SUPREMD COURT - STATE OF NEW YORK I.A.S. PART XII SUFFOLK COUNTY PRESENT: HON. C. STEPHEN HACKELING, J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COTINTY OF SUFFOLK x Index No. 02691012012 xxxxxx xxxxxxxx. on behalf of C.S.. an infant under the age of 18, Motion Date: 01117 12024 Mot. Seq. No. 01S-MotD Pluint ilf . ORDER -agalnst- RONAI,D J. TADEO, M.D.. DeJbrulont X The issues in the above-captioned case having come on for trial before Honorable C. Stephen Hackeling, J.s.c., and a Jury of this court hetd at the courthouse located at one court street, Riverhead, New York 11901 on May 30, 2013;May 3r,2023:June 1,2023; riu,e9,2023; June 13, 2023; June 14,2023; June 15, 2023: and ptaintiff xxxxxx xxxxxxxx, on behalf of C.S. an infant under the age of 18; having appeared by her attomeys, Napoli Shkotnik pLLC, by counsel xxxxxx L. xxxxxxx, Esq., with offices at 400 Broadhollow Road, Suite 305, Melville, Ny t 1747, and Defendant Ronald J. Taddeo, M.D. (s/h/a Ronald J. Tadeo, M.D.), having appeared by his attomeys Martin clearwater & Bell, LLp, by counset Anina Monte, Esq., on the issues of liability and damages, and on May 30,2023, the caption was amended on the record to remove plaintiff xxxxxx xxxxxxxx, Individually as well as to remove defendants Richard pitch, M.D., Scott Berlin, M.D., Family Psychology of Long Island, Berlin OBGYN Associates, Janssen pharmaceuticals, Page I of 3 1 of 7 4 4 FILED: SUFFOLK COUNTY CLERK 04/01/2024 03/28/2024 09:54 04:34 AM PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 272 271 RECEIVED NYSCEF: 04/01/2024 03/28/2024 Inc. k/n/a ortho-McNeil-Janssen Pharmaceuticals, Inc. and Zydus pharmaceutical (USA), Inc. [see NYSCEF Doc. No. 246] ard a jury having rendered a verdict on June 15, 2023 in plaintiffs favor and against defendant, and the jury duty awarding plaintiff $3,000,000 for past pain and suffering and $1,000,000 for future pain and suffering; and defendant, by Notice of Motion dated August 14, 2023, having moved pursuant to CPLR $ aa0a(a) for an order setting aside the verdict and granting judgment in their favor as a matter of [aw, or in the alternative, a new trial, or as a further altemative, conditionally ordering a new trial as to damages, unless plaintiff stipulates to reductions in the awards for past and future pain and suffering, and, pursuant to General Obligations Law $ 15-108, ordering a $900,000 set-off against plaintiffs recovery representing the settlement amount with the former co-defendants Janssen Pharmaceuticals, Inc. k/n/a Ortho- McNeil Janssen Pharmaceuticals, Inc. and Zydus pharmaceuticals, Inc.; and the court having rendered an Order from the Bench on January 17, 2024, holding that defendants are entitled to a $900,000 set-off pursuant to General obligations Law $ l5-l0g w.tth g% interest per annum pursuant to cPLR $$ 5002 and 5004 thereon from June 15, 2023; and considering all prior proceedings, pleadings, motions, and arguments, and after due deliberation, it is oRDERED,that plaintiffpamela xxxxxxxx, on behalf of c.S. an infant under the age of 1g, does recover of defendant Ronald J. Taddeo, M.D. $3,000,000 for past pain and suffering and $l'000,000 for future pain and suffering, for a total of$4,000,000 tess $900,000 set-off for a total judgment of $3,100,000, together with post judgment interest at 9%o per annum calculated from June 15, 2023, and it is further ORDERED that plaintiff is directed to submit a proposed clerk,s money judgment to the suffolk county clerk, in conformity with the attached Judgment checklist, in the amount of Page 2 of 3 2 of 7 5 4 FILED: SUFFOLK COUNTY CLERK 04/01/2024 03/28/2024 09:54 04:34 AM PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 272 271 RECEIVED NYSCEF: 04/01/2024 03/28/2024 $3,100,000, plus the costs and disbursements ofthis action to be calculated by the Suffolk County Clerk against defendant Ronald J. Taddeo, M.D.; and it is further ORDERED that plaintiff is stayed from enforcing the judgment for 90 days after service of notice of entry of this order. Dated: March 28,2024 Hon. C. Stephen )a Page 3 of 3 3 of 7 6 4 FILED: SUFFOLK COUNTY CLERK 04/01/2024 03/28/2024 09:54 04:34 AM PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 272 271 RECEIVED NYSCEF: 04/01/2024 03/28/2024 COUNTY OF SUFFOLK OFFICE OF THE COUNTY CLERK VINCENT PULEO COUNTY CLERK JUDGMENT CHECKLTST Alljudgments must contain the following information 1 . States the Court and County issuing the judgment. 2. Full caption including name of the document ("Judgment") and index number. 3. Judgment credito(s) name(s) and last known address(es). 4. Judgment creditofs attorney's address, if there is an attorney. 5. Judgment debtor(s) name(s) and last known address(es). 6. lf the judgment creditor's or judgment debtor's address is unknown, an affidavit executed by the party (or their counsel) who is requesting docketing of the judgment must be filed stating that the affiant has no knowledge of an address. 7. State in clear language the adjudicdtion of the rights of the parties at issue. 8. The sum to be recovered in figures if a money judgment. 9. State the result of the verdict or decision or the default upon which it is based. 10. lf Judge award's pre-judgment interest, need the date from and rate for which it is to be calculated. 11. Leave the portions blank where the county clerk is to insert the calculations for interest and taxation of costs and disbursements. '12. State that the judgment creditor "shall have execution thereof,. VINCENT PULEO SUFOLK COUNry CLERK COURT ACTIONS DEPARTMENT 4 of 7 7 4