Preview
FILED: SUFFOLK COUNTY CLERK 04/04/2024 12:25 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 273 RECEIVED NYSCEF: 04/04/2024
BDG/bap
00033-087918
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 NOTICE OF APPEAL
the age of 18,
Plaintiff, Index No.: 026910/2012
-against-
RONALD J. TADEO, M.D.,
Defendant.
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C O U N S E L O R S:
PLEASE TAKE NOTICE that the Defendant, RONALD J. TADDEO, M.D., s/h/a
RONALD J. TADEO, M.D., hereby appeals to the Appellate Division of the Supreme Court of
the State of New York, Second Judicial Department from the Order of Supreme Court, Suffolk
County (Honorable C. Stephen Hackeling, J.), dated March 28, 2024, and entered in the Office of
the Clerk of the Court on March 28, 2024, and the Defendant appeals from each and every part of
the Order by which he is aggrieved.
Dated: New York, New York
April 04, 2024
Yours, etc.,
MARTIN CLEARWATER & BELL LLP
By: ________________________
Barbara D. Goldberg
Attorneys for Defendant
Ronald J. Taddeo, M.D., s/h/a Ronald J. Tadeo, M.D.
220 East 42nd Street
New York, New York 10017-5842
(212) 697-3122
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TO: VIA: NYSCEF
NAPOLI SHKOLNIK, PLLC
Attorneys for Plaintiff
400 Broadhollow Road, Suite 305
Melville, New York 11747
(212) 267-3700
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Case Title: Set forth the title of the case as it appears on the summons, notice of petition or order For Court of Original Instance
to show cause by which the matter was or is to be commenced, or as amended.
xxxxxx xxxxxxxx on behalf of C.S., an Infant under the age of 18,
Plaintiff,
Date Notice of Appeal
-against-
RONALD J. TADEO, M.D., For Appellate Division
Defendant.
Case Type Filing Type
☒ Civil Action ☐ CPLR article 78 Proceeding ☒ Appeal ☐ Transferred Proceeding
☐ CPLR article 75 Arbitration ☐ Special Proceeding Other ☐ Original Proceedings ☐ CPLR article 78
☐ Habeas Corpus Proceeding ☐ CPLR article 78 ☐ Executive Law § 298
☐ Eminent Domain ☐ CPLR 5704 Review
☐ Labor Law § 220 or § 220-b
☐ Public Officers Law § 36
☐ Real Property Tax Law § 1278
Nature of Suit: Check up to three of the following categories which best reflect the nature of the case.
☐ Administrative Review ☐ Business Relationships ☐ Commercial ☐ Contracts
☐ Declaratory Judgment ☐ Domestic Relations ☐ Election Law ☐ Estate Matters
☐ Family Court ☐ Mortgage Foreclosure ☐ Miscellaneous ☐ Prisoner Discipline & Parole
☐ Real Property ☐ Statutory ☐ Taxation ☒ Torts
(other than foreclosure)
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Appeal
Paper Appealed From (Check one only): If an appeal has been taken from more than one order or
judgment by the filing of this notice of appeal, please -
indicate the below information for each such order or
judgment appealed from on a separate sheet of paper.
☐ Amended Decree ☐ Determination ☒ Order ☐ Resettled Order
☐ Amended Judgement ☐ Finding ☐ Order & Judgment ☐ Ruling
☐ Amended Order ☐ Interlocutory Decree ☐ Partial Decree ☐ Other (specify):
☐ Decision ☐ Interlocutory Judgment ☐ Resettled Decree
☐ Decree ☐ Judgment ☐ Resettled Judgment
Court: SUPREME COURT County: SUFFOLK COUNTY
Dated: MARCH 28, 2024 Entered: MARCH 28, 2024
Judge (name in full): HON. C. STEPHEN HACKELING Index No.: 026910/2012
Stage: ☐ Interlocutory ☒ Final ☐ Post-Final Trial: ☒ Yes ☐ No If Yes: ☒ Jury ☐ Non-Jury
Prior Unperfected Appeal and Related Action or Proceeding Information
Are any appeals arising in the same action or proceeding currently pending in the court? ☐ Yes ☒ No
If Yes, please set forth the Appellate Division Case Number assigned to each such appeal.
Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other
jurisdiction, and if so, the status of the case:
Original Proceeding
Commenced by: ☐ Order to Show Cause ☐ Notice of Petition ☐ Writ of Habeas Corpus Date Filed:
Proceeding Transferred Pursuant to CPLR 7804(g)
Court: County:
Judge (name in full): Order of Transfer Date:
CPLR 5704 Review of Ex Parte Order:
Court: County:
Judge (name in full): Order of Transfer Date:
Description of Appeal, Proceeding or Application and Statement of Issues
Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief
requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred
pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the
nature of the ex parte order to be reviewed.
1. Defendant, Ronald J. Taddeo, M.D., s/h/a Ronald J. Tadeo, M.D. (hereinafter "Defendant"), appeals from
an Order of the Supreme Court, Suffolk County, dated and entered March 28, 2024. The Order was entered
pursuant to a ruling from the bench denying Defendant’s motion to set aside a verdict in favor of the
Plaintiff, with the exception of allowing a set-off in the amount of $900,000 for a prior settlement with
the former co-defendants Janssen Pharmaceuticals, Inc., k/n/a Ortho-McNeil Janssen Pharmaceuticals,
Inc. and Zydus Pharmaceuticals, Inc. The Order directed that Plaintiff xxxxxx xxxxxxxx, on behalf of the
infant plaintiff C.S., recover from Defendant the sums of $3,000,000 for past pain and suffering and
$1,000,000 for future pain and suffering, for a total of $4,000,000, less the $900,000 set-off, for a total
judgment of $3,100,000, together with interest from the date of the verdict, June 15, 2023. The Order also
directed Plaintiff to submit a proposed Clerk’s money judgment to the Suffolk County Clerk.
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Issues: Specify the issue(s) proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review, the
grounds for reversal or modification to be advanced and the specific relief sought on appeal.
1. Whether the Supreme Court erred denying Defendant’s motion to set aside the verdict and for
judgment in his favor as a matter of law, or in the alternative, for a new trial, or as a further alternative,
for a new trial as to damages unless Plaintiff stipulated to a substantial reduction in the jury’s total
award of $4,000,000.
2. Defendant appeals from each and every part of the Order by which he is aggrieved.
3. Defendant will seek such other and further relief as is apparent upon review of the Record on Appeal.
Party Information
Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for
an appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any.
If this form is to be filed for a proceeding commenced in this court, fill in only the party's name and his, her, or its
status in this court. Examples of party's original status include: plaintiff, defendant, petitioner, respondent, claimant,
defendant third-party plaintiff, third-party defendant, and intervenor. Examples of a party's Appellate Division status
include; appellant-respondent, appellant-respondent, respondent-appellant, petitioner, and intervenor.
No. Party Name Original Status Appellate Division Status
1 xxxxxx xxxxxxxx on behalf of C.S., an infant under the age of 18 PLAINTIFF RESPONDENT
2 Ronald J. Taddeo, M.D., s/h/a Ronald J. Tadeo, M.D. DEFENDANT APPELLANT
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Attorney Information
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Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the
notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division,
only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or
himself, the box marked "Pro Se" must be checked and the appropriate information for that litigant must be supplied in
the spaces provided.
Attorney/Firm Name: xxxxxx L. xxxxxxx, Napoli Shkolnik, PLLC
Address: 400 Broadhollow Road, Suite 305
City: Melville State: New York Zip Code: 11747 Telephone No.: (212) 267-3700
E-mail Address: jciaccio@napolilaw.com
Attorney Type: ☒ Retained ☐ Assigned ☐ Government ☐ Pro Se ☐ Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above: 1
Attorney/Firm Name: Barbara D. Goldberg and Anina H. Monte, MARTIN CLEARWATER & BELL LLP
Address: 220 EAST 42ND STREET
City: NEW YORK State: NEW YORK Zip Code: 10017 Telephone No.: (212) 697-3122
E-mail Address: GOLDBB@MCBLAW.COM; ANINA.MONTE@MCBLAW.COM
Attorney Type: ☒ Retained ☐ Assigned ☐ Government ☐ Pro Se ☐ Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above: 2
Attorney/Firm Name:
Address:
City: State: Zip Code: Telephone No.:
E-mail Address:
Attorney Type: ☐ Retained ☐ Assigned ☐ Government ☐ Pro Se ☐ Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above:
Attorney/Firm Name:
Address:
City: State: Zip Code: Telephone No.:
E-mail Address:
Attorney Type: ☐ Retained ☐ Assigned ☐ Government ☐ Pro Se ☐ Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above:
Attorney/Firm Name:
Address:
City: State: Zip Code: Telephone No.:
E-mail Address:
Attorney Type: ☐ Retained ☐ Assigned ☐ Government ☐ Pro Se ☐ Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above:
Attorney/Firm Name:
Address:
City: State: Zip Code: Telephone No.:
E-mail Address:
Attorney Type: ☐ Retained ☐ Assigned ☐ Government ☐ Pro Se ☐ Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above:
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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,
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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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$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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AFFIRMATION OF SERVICE BY NYSCEF
RICHARD WOLF, under penalty of perjury, states that he is an Associate in the law firm
of MARTIN CLEARWATER & BELL LLP, attorneys of record for Defendants RONALD J.
TADDEO, M.D., s/h/a RONALD J. TADEO, M.D. in this matter; and further,
That on April 4, 2024, the within NOTICE OF APPEAL, APPELLATE DIVISION
INFORMATIONAL STATEMENT, and ORDER APPEALED FROM were served upon the
following attorneys electronically via NYSCEF:
NAPOLI SHKOLNIK, PLLC
Attorneys for Plaintiff
400 Broadhollow Road, Suite 305
Melville, New York 11747
(212) 267-3700
Dated: New York, New York
April 4, 2024
RICHARD WOLF
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FILED: SUFFOLK COUNTY CLERK 04/04/2024 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 273 RECEIVED NYSCEF: 04/04/2024 BDG/bap 00033-087918 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------------------------------------------------X xxxxxx xxxxxxxx on behalf of C.S., an Infant under NOTICE OF APPEAL the age of 18, Plaintiff, Index No.: 026910/2012 -against- RONALD J. TADEO, M.D., Defendant. ---------------------------------------------------------------------X C O U N S E L O R S: PLEASE TAKE NOTICE that the Defendant, RONALD J. TADDEO, M.D., s/h/a RONALD J. TADEO, M.D., hereby appeals to the Appellate Division of the Supreme Court of the State of New York, Second Judicial Department from the Order of Supreme Court, Suffolk County (Honorable C. Stephen Hackeling, J.), dated March 28, 2024, and entered in the Office of the Clerk of the Court on March 28, 2024, and the Defendant appeals from each and every part of the Order by which he is aggrieved. Dated: New York, New York April 04, 2024 Yours, etc., MARTIN CLEARWATER & BELL LLP By: ________________________ Barbara D. Goldberg Attorneys for Defendant Ronald J. Taddeo, M.D., s/h/a Ronald J. Tadeo, M.D. 220 East 42nd Street New York, New York 10017-5842 (212) 697-3122 1 of 10 FILED: SUFFOLK COUNTY CLERK 04/04/2024 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 273 RECEIVED NYSCEF: 04/04/2024 TO: VIA: NYSCEF NAPOLI SHKOLNIK, PLLC Attorneys for Plaintiff 400 Broadhollow Road, Suite 305 Melville, New York 11747 (212) 267-3700 2 2 of 10 FILED: SUFFOLK COUNTY CLERK 04/04/2024 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 273 RECEIVED NYSCEF: 04/04/2024 Case Title: Set forth the title of the case as it appears on the summons, notice of petition or order For Court of Original Instance to show cause by which the matter was or is to be commenced, or as amended. xxxxxx xxxxxxxx on behalf of C.S., an Infant under the age of 18, Plaintiff, Date Notice of Appeal -against- RONALD J. TADEO, M.D., For Appellate Division Defendant. Case Type Filing Type ☒ Civil Action ☐ CPLR article 78 Proceeding ☒ Appeal ☐ Transferred Proceeding ☐ CPLR article 75 Arbitration ☐ Special Proceeding Other ☐ Original Proceedings ☐ CPLR article 78 ☐ Habeas Corpus Proceeding ☐ CPLR article 78 ☐ Executive Law § 298 ☐ Eminent Domain ☐ CPLR 5704 Review ☐ Labor Law § 220 or § 220-b ☐ Public Officers Law § 36 ☐ Real Property Tax Law § 1278 Nature of Suit: Check up to three of the following categories which best reflect the nature of the case. ☐ Administrative Review ☐ Business Relationships ☐ Commercial ☐ Contracts ☐ Declaratory Judgment ☐ Domestic Relations ☐ Election Law ☐ Estate Matters ☐ Family Court ☐ Mortgage Foreclosure ☐ Miscellaneous ☐ Prisoner Discipline & Parole ☐ Real Property ☐ Statutory ☐ Taxation ☒ Torts (other than foreclosure) 3 of 10 FILED: SUFFOLK COUNTY CLERK 04/04/2024 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 273 RECEIVED NYSCEF: 04/04/2024 Appeal Paper Appealed From (Check one only): If an appeal has been taken from more than one order or judgment by the filing of this notice of appeal, please - indicate the below information for each such order or judgment appealed from on a separate sheet of paper. ☐ Amended Decree ☐ Determination ☒ Order ☐ Resettled Order ☐ Amended Judgement ☐ Finding ☐ Order & Judgment ☐ Ruling ☐ Amended Order ☐ Interlocutory Decree ☐ Partial Decree ☐ Other (specify): ☐ Decision ☐ Interlocutory Judgment ☐ Resettled Decree ☐ Decree ☐ Judgment ☐ Resettled Judgment Court: SUPREME COURT County: SUFFOLK COUNTY Dated: MARCH 28, 2024 Entered: MARCH 28, 2024 Judge (name in full): HON. C. STEPHEN HACKELING Index No.: 026910/2012 Stage: ☐ Interlocutory ☒ Final ☐ Post-Final Trial: ☒ Yes ☐ No If Yes: ☒ Jury ☐ Non-Jury Prior Unperfected Appeal and Related Action or Proceeding Information Are any appeals arising in the same action or proceeding currently pending in the court? ☐ Yes ☒ No If Yes, please set forth the Appellate Division Case Number assigned to each such appeal. Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other jurisdiction, and if so, the status of the case: Original Proceeding Commenced by: ☐ Order to Show Cause ☐ Notice of Petition ☐ Writ of Habeas Corpus Date Filed: Proceeding Transferred Pursuant to CPLR 7804(g) Court: County: Judge (name in full): Order of Transfer Date: CPLR 5704 Review of Ex Parte Order: Court: County: Judge (name in full): Order of Transfer Date: Description of Appeal, Proceeding or Application and Statement of Issues Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the nature of the ex parte order to be reviewed. 1. Defendant, Ronald J. Taddeo, M.D., s/h/a Ronald J. Tadeo, M.D. (hereinafter "Defendant"), appeals from an Order of the Supreme Court, Suffolk County, dated and entered March 28, 2024. The Order was entered pursuant to a ruling from the bench denying Defendant’s motion to set aside a verdict in favor of the Plaintiff, with the exception of allowing a set-off in the amount of $900,000 for a prior settlement with the former co-defendants Janssen Pharmaceuticals, Inc., k/n/a Ortho-McNeil Janssen Pharmaceuticals, Inc. and Zydus Pharmaceuticals, Inc. The Order directed that Plaintiff xxxxxx xxxxxxxx, on behalf of the infant plaintiff C.S., recover from Defendant the sums of $3,000,000 for past pain and suffering and $1,000,000 for future pain and suffering, for a total of $4,000,000, less the $900,000 set-off, for a total judgment of $3,100,000, together with interest from the date of the verdict, June 15, 2023. The Order also directed Plaintiff to submit a proposed Clerk’s money judgment to the Suffolk County Clerk. 4 of 10 FILED: SUFFOLK COUNTY CLERK 04/04/2024 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 273 RECEIVED NYSCEF: 04/04/2024 Issues: Specify the issue(s) proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review, the grounds for reversal or modification to be advanced and the specific relief sought on appeal. 1. Whether the Supreme Court erred denying Defendant’s motion to set aside the verdict and for judgment in his favor as a matter of law, or in the alternative, for a new trial, or as a further alternative, for a new trial as to damages unless Plaintiff stipulated to a substantial reduction in the jury’s total award of $4,000,000. 2. Defendant appeals from each and every part of the Order by which he is aggrieved. 3. Defendant will seek such other and further relief as is apparent upon review of the Record on Appeal. Party Information Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this form is to be filed for a proceeding commenced in this court, fill in only the party's name and his, her, or its status in this court. Examples of party's original status include: plaintiff, defendant, petitioner, respondent, claimant, defendant third-party plaintiff, third-party defendant, and intervenor. Examples of a party's Appellate Division status include; appellant-respondent, appellant-respondent, respondent-appellant, petitioner, and intervenor. No. Party Name Original Status Appellate Division Status 1 xxxxxx xxxxxxxx on behalf of C.S., an infant under the age of 18 PLAINTIFF RESPONDENT 2 Ronald J. Taddeo, M.D., s/h/a Ronald J. Tadeo, M.D. DEFENDANT APPELLANT 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Attorney Information 5 of 10 FILED: SUFFOLK COUNTY CLERK 04/04/2024 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 273 RECEIVED NYSCEF: 04/04/2024 Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division, only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or himself, the box marked "Pro Se" must be checked and the appropriate information for that litigant must be supplied in the spaces provided. Attorney/Firm Name: xxxxxx L. xxxxxxx, Napoli Shkolnik, PLLC Address: 400 Broadhollow Road, Suite 305 City: Melville State: New York Zip Code: 11747 Telephone No.: (212) 267-3700 E-mail Address: jciaccio@napolilaw.com Attorney Type: ☒ Retained ☐ Assigned ☐ Government ☐ Pro Se ☐ Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above: 1 Attorney/Firm Name: Barbara D. Goldberg and Anina H. Monte, MARTIN CLEARWATER & BELL LLP Address: 220 EAST 42ND STREET City: NEW YORK State: NEW YORK Zip Code: 10017 Telephone No.: (212) 697-3122 E-mail Address: GOLDBB@MCBLAW.COM; ANINA.MONTE@MCBLAW.COM Attorney Type: ☒ Retained ☐ Assigned ☐ Government ☐ Pro Se ☐ Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above: 2 Attorney/Firm Name: Address: City: State: Zip Code: Telephone No.: E-mail Address: Attorney Type: ☐ Retained ☐ Assigned ☐ Government ☐ Pro Se ☐ Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above: Attorney/Firm Name: Address: City: State: Zip Code: Telephone No.: E-mail Address: Attorney Type: ☐ Retained ☐ Assigned ☐ Government ☐ Pro Se ☐ Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above: Attorney/Firm Name: Address: City: State: Zip Code: Telephone No.: E-mail Address: Attorney Type: ☐ Retained ☐ Assigned ☐ Government ☐ Pro Se ☐ Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above: Attorney/Firm Name: Address: City: State: Zip Code: Telephone No.: E-mail Address: Attorney Type: ☐ Retained ☐ Assigned ☐ Government ☐ Pro Se ☐ Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above: 6 of 10 FILED: SUFFOLK COUNTY CLERK 04/04/2024 03/28/2024 12:25 04/01/2024 04:34 PM 09:54 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 273 271 272 RECEIVED NYSCEF: 04/04/2024 03/28/2024 04/01/2024 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 74 1 of of 10 4 7 FILED: SUFFOLK COUNTY CLERK 04/04/2024 03/28/2024 12:25 04/01/2024 04:34 PM 09:54 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 273 271 272 RECEIVED NYSCEF: 04/04/2024 03/28/2024 04/01/2024 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 85 2 of of 10 4 7 FILED: SUFFOLK COUNTY CLERK 04/04/2024 03/28/2024 12:25 04/01/2024 04:34 PM 09:54 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 273 271 272 RECEIVED NYSCEF: 04/04/2024 03/28/2024 04/01/2024 $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 96 3 of of 10 4 7 FILED: SUFFOLK COUNTY CLERK 04/04/2024 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 273 RECEIVED NYSCEF: 04/04/2024 AFFIRMATION OF SERVICE BY NYSCEF RICHARD WOLF, under penalty of perjury, states that he is an Associate in the law firm of MARTIN CLEARWATER & BELL LLP, attorneys of record for Defendants RONALD J. TADDEO, M.D., s/h/a RONALD J. TADEO, M.D. in this matter; and further, That on April 4, 2024, the within NOTICE OF APPEAL, APPELLATE DIVISION INFORMATIONAL STATEMENT, and ORDER APPEALED FROM were served upon the following attorneys electronically via NYSCEF: NAPOLI SHKOLNIK, PLLC Attorneys for Plaintiff 400 Broadhollow Road, Suite 305 Melville, New York 11747 (212) 267-3700 Dated: New York, New York April 4, 2024 RICHARD WOLF 10 of 10