Preview
FILED: NEW YORK COUNTY CLERK 04/02/2024 11:35 AM INDEX NO. 805023/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/02/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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MICHAEL CHU and NOREEN TAN-CHU, :
:
Plaintiffs, :
-against- :
:
DEMAND FOR A
ILYA LAUFER, M.D., ALBERT LIU, M.D. AND NYU: VERIFIED BILL OF
LANGONE HEALTH – TISCH HOSPITAL, :
: PARTICULARS
Defendants. :
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PLEASE TAKE NOTICE, that pursuant to Sections 3041, 3042, 3043, and 3044 of the
Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars as to
defendant, ILYA LAUFER, M.D., upon the undersigned within thirty (30) days after receipt of
this Demand.
Each item and subdivision of this Demand must be answered separately and categorically
under its own number, without reference to the Verified Complaint or to other portions of the Bill
of Particulars. Whirl Knits v. Adler Business Machines, Inc., 54 A.D.2d 760.
1. Set forth:
(a) each date on which the answering defendant rendered medical care to the
plaintiffs
(b) the address or addresses where such medical care was rendered to the
plaintiffs.
2. Set forth the condition or conditions which it will be claimed the answering
defendants undertook to treat.
3. A statement of the accepted medical practices, customs, and medical standards, if
any, which it is claimed were violated and departed from by the defendant herein.
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4. State whether or not any claim is made as to improper or defective equipment and,
if so, identify the equipment and state the defective conditions.
5. If plaintiffs allege violation of a federal, state or local law, regulation, rule, statute
or ordinance, or violation of a federal, state or local administrative agency or body standard,
requirement or specification, state:
(a) the specific federal, state or local code, law, regulation, rule, statute or ordinance,
or federal, state or local administrative agency or body standard, requirement or specification
alleged to have been violated;
(b) the specific date, time and location of each alleged violation;
(c) the specific factual details concerning the manner in which each alleged violation
occurred.
6. If plaintiffs will claim that the answering defendant ignored complaints, signs,
and/or symptoms, made an erroneous diagnosis, afforded improper treatment, administered
improper and/or contraindicated drugs, administered proper drugs in an incorrect dosage, failed to
take or administer tests, or improperly took and administered tests, state:
(a) the complaints, signs, and/or symptoms that the answering defendant
ignored and the date of each such occurrence;
(b) in what respect the diagnosis by the defendants were erroneous and
incorrect, what the claimed correct diagnosis should have been, and the
point in time that the plaintiffs will claim answering defendant should have
made the correct diagnosis;
(c) the name of each and every improper and/or contraindicated drug, if any,
the name of the defendants prescribing same and the date of each such
prescription;
(d) the name of each proper drug allegedly administered incorrectly with the
dosage that plaintiffs will claim was the correct dosage;
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(e) the name and/or description of each and every test answering defendant
failed to take or administer and the alleged date of such omission;
(f) the name of each and every test answering defendant improperly took or
administered, and the manner in which each such test was improperly taken
or administered and the date(s) thereof.
7. If plaintiffs will claim that the defendant improperly performed a surgical procedure
or procedures, or performed a surgical procedure that was contraindicated and/or unnecessary, or
failed to perform a required surgical procedure, state:
(a) the name of the improperly performed, contraindicated, or unnecessary
surgical procedure and the date when it was performed;
(b) in what manner was the aforesaid surgical procedure improperly performed;
(c) describe the procedure which should have been performed in which the
defendant(s) failed to perform.
8. Set forth each act and omission which constitutes the alleged malpractice of the
answering defendant (other than those acts and omissions which are set forth in response to items
“5” and “6”) and the date of each act and omission.
9. If it is claimed that the answering defendant is responsible vicariously for the acts
or omissions of other(s), state the name of each such individual. If the name is not known, describe
the physical appearance with sufficient clarity for ready identification, and state the occupation of
each such person and the date and place of the act or omission.
10. State:
(a) the injuries that plaintiffs suffered as a result of the alleged negligence
and/or malpractice of the defendant;
(b) set forth which injuries are claimed to be permanent and in what respect
they are claimed to be permanent.
11. State the length of time the plaintiffs were confined to:
(a) bed;
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(b) house;
(c) hospital;
(d) nursing home or other rehabilitative institution.
12. State separately the total amounts claimed by the plaintiffs as special damages for
each of the following:
(a) physicians’ services with names and addresses of all physicians who treated
the plaintiffs for said injuries, and the dates of each physician’s treatment;
(b) nurses’ services;
(c) medical supplies, with a description of the supplies;
(d) hospital expenses, with the names and addresses of all hospitals and dates
of confinement at each hospital;
(e) each projected or anticipated item of future expense which plaintiffs will
claim at trial;
(f) any other expenses.
13. State:
(a) occupation of the plaintiffs at the time of the alleged malpractice by the
defendants, together with the name and address of the plaintiffs’ employers
at such time;
(b) plaintiffs’ present occupation and the name and address of plaintiffs’
present employer;
(c) if self-employed, state the address of the place of employment and the type
of business or occupation in which plaintiffs were engaged immediately
prior to the occurrence;
(d) the length of time plaintiffs was unable to attend to their employment or
business;
(e) the amount of money plaintiffs was alleged to have earned during the year
prior to the occurrence;
(f) the amount of earnings the plaintiffs are alleged to have lost as a result of
the defendant’s negligence;
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(g) the amount of future income, if any, which plaintiffs will lose as a result of
defendant’s negligence.
14. State the date of birth of each plaintiffs.
15. State the social security number of each plaintiff.
16. State the residence address of each plaintiff.
17. If lack of informed consent is claimed, set forth the dangers, risks, or alternatives
to the treatment and medical procedures rendered to the plaintiffs by the answering defendant as
to which the latter failed to advise plaintiffs.
18. Set forth each and every act of negligence on the part of the answering defendant
which constitute the defendant’s alleged failure to obtain plaintiffs’ informed consent.
19. If the plaintiffs have received reimbursement for any of the medical expenses
incurred in connection with the treatment of the injuries complained of in the Verified Complaint,
set forth:
(a) the source of the reimbursement, including:
(i) the name of the indemnitor (such as Blue Cross, GHI, etc.);
(ii) the group or policy number and plaintiffs’ identification number for
each provider,
(iii) Medicaid and/or Medicare number;
(b) The dates and amounts of reimbursement.
20. If loss of service is claimed, set forth the exact nature of the service, stating what
was done or not done as a result of the alleged occurrence.
PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with
this Demand for a Verified Bill of Particulars, within thirty (30) days, a motion will be made
pursuant to CPLR §3042.
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FILED: NEW YORK COUNTY CLERK 04/02/2024 11:35 AM INDEX NO. 805023/2024
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/02/2024
Dated: New York, New York
April 2, 2024
FURMAN KORNFELD & BRENNAN LLP
Patrick J. Brennan, Esq.
Attorneys for Defendant
ILYA LAUFER, M.D.
88 Pine Street, 32nd Floor
New York, New York 10005
(212) 867-4100
FKB File No.: 650.088
TO: FINZ & FINZ, P.C.
Attorneys for Plaintiff
410 East Jericho Turnpike
Mineola, NY 11501
(516) 433-3000
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Preview
FILED: NEW YORK COUNTY CLERK 04/02/2024 11:35 AM INDEX NO. 805023/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------------- x Index No.: 805023/2024 MICHAEL CHU and NOREEN TAN-CHU, : : Plaintiffs, : -against- : : DEMAND FOR A ILYA LAUFER, M.D., ALBERT LIU, M.D. AND NYU: VERIFIED BILL OF LANGONE HEALTH – TISCH HOSPITAL, : : PARTICULARS Defendants. : ----------------------------------------------------------------------------- x PLEASE TAKE NOTICE, that pursuant to Sections 3041, 3042, 3043, and 3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars as to defendant, ILYA LAUFER, M.D., upon the undersigned within thirty (30) days after receipt of this Demand. Each item and subdivision of this Demand must be answered separately and categorically under its own number, without reference to the Verified Complaint or to other portions of the Bill of Particulars. Whirl Knits v. Adler Business Machines, Inc., 54 A.D.2d 760. 1. Set forth: (a) each date on which the answering defendant rendered medical care to the plaintiffs (b) the address or addresses where such medical care was rendered to the plaintiffs. 2. Set forth the condition or conditions which it will be claimed the answering defendants undertook to treat. 3. A statement of the accepted medical practices, customs, and medical standards, if any, which it is claimed were violated and departed from by the defendant herein. 1 of 6 FILED: NEW YORK COUNTY CLERK 04/02/2024 11:35 AM INDEX NO. 805023/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/02/2024 4. State whether or not any claim is made as to improper or defective equipment and, if so, identify the equipment and state the defective conditions. 5. If plaintiffs allege violation of a federal, state or local law, regulation, rule, statute or ordinance, or violation of a federal, state or local administrative agency or body standard, requirement or specification, state: (a) the specific federal, state or local code, law, regulation, rule, statute or ordinance, or federal, state or local administrative agency or body standard, requirement or specification alleged to have been violated; (b) the specific date, time and location of each alleged violation; (c) the specific factual details concerning the manner in which each alleged violation occurred. 6. If plaintiffs will claim that the answering defendant ignored complaints, signs, and/or symptoms, made an erroneous diagnosis, afforded improper treatment, administered improper and/or contraindicated drugs, administered proper drugs in an incorrect dosage, failed to take or administer tests, or improperly took and administered tests, state: (a) the complaints, signs, and/or symptoms that the answering defendant ignored and the date of each such occurrence; (b) in what respect the diagnosis by the defendants were erroneous and incorrect, what the claimed correct diagnosis should have been, and the point in time that the plaintiffs will claim answering defendant should have made the correct diagnosis; (c) the name of each and every improper and/or contraindicated drug, if any, the name of the defendants prescribing same and the date of each such prescription; (d) the name of each proper drug allegedly administered incorrectly with the dosage that plaintiffs will claim was the correct dosage; 2 of 6 FILED: NEW YORK COUNTY CLERK 04/02/2024 11:35 AM INDEX NO. 805023/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/02/2024 (e) the name and/or description of each and every test answering defendant failed to take or administer and the alleged date of such omission; (f) the name of each and every test answering defendant improperly took or administered, and the manner in which each such test was improperly taken or administered and the date(s) thereof. 7. If plaintiffs will claim that the defendant improperly performed a surgical procedure or procedures, or performed a surgical procedure that was contraindicated and/or unnecessary, or failed to perform a required surgical procedure, state: (a) the name of the improperly performed, contraindicated, or unnecessary surgical procedure and the date when it was performed; (b) in what manner was the aforesaid surgical procedure improperly performed; (c) describe the procedure which should have been performed in which the defendant(s) failed to perform. 8. Set forth each act and omission which constitutes the alleged malpractice of the answering defendant (other than those acts and omissions which are set forth in response to items “5” and “6”) and the date of each act and omission. 9. If it is claimed that the answering defendant is responsible vicariously for the acts or omissions of other(s), state the name of each such individual. If the name is not known, describe the physical appearance with sufficient clarity for ready identification, and state the occupation of each such person and the date and place of the act or omission. 10. State: (a) the injuries that plaintiffs suffered as a result of the alleged negligence and/or malpractice of the defendant; (b) set forth which injuries are claimed to be permanent and in what respect they are claimed to be permanent. 11. State the length of time the plaintiffs were confined to: (a) bed; 3 of 6 FILED: NEW YORK COUNTY CLERK 04/02/2024 11:35 AM INDEX NO. 805023/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/02/2024 (b) house; (c) hospital; (d) nursing home or other rehabilitative institution. 12. State separately the total amounts claimed by the plaintiffs as special damages for each of the following: (a) physicians’ services with names and addresses of all physicians who treated the plaintiffs for said injuries, and the dates of each physician’s treatment; (b) nurses’ services; (c) medical supplies, with a description of the supplies; (d) hospital expenses, with the names and addresses of all hospitals and dates of confinement at each hospital; (e) each projected or anticipated item of future expense which plaintiffs will claim at trial; (f) any other expenses. 13. State: (a) occupation of the plaintiffs at the time of the alleged malpractice by the defendants, together with the name and address of the plaintiffs’ employers at such time; (b) plaintiffs’ present occupation and the name and address of plaintiffs’ present employer; (c) if self-employed, state the address of the place of employment and the type of business or occupation in which plaintiffs were engaged immediately prior to the occurrence; (d) the length of time plaintiffs was unable to attend to their employment or business; (e) the amount of money plaintiffs was alleged to have earned during the year prior to the occurrence; (f) the amount of earnings the plaintiffs are alleged to have lost as a result of the defendant’s negligence; 4 of 6 FILED: NEW YORK COUNTY CLERK 04/02/2024 11:35 AM INDEX NO. 805023/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/02/2024 (g) the amount of future income, if any, which plaintiffs will lose as a result of defendant’s negligence. 14. State the date of birth of each plaintiffs. 15. State the social security number of each plaintiff. 16. State the residence address of each plaintiff. 17. If lack of informed consent is claimed, set forth the dangers, risks, or alternatives to the treatment and medical procedures rendered to the plaintiffs by the answering defendant as to which the latter failed to advise plaintiffs. 18. Set forth each and every act of negligence on the part of the answering defendant which constitute the defendant’s alleged failure to obtain plaintiffs’ informed consent. 19. If the plaintiffs have received reimbursement for any of the medical expenses incurred in connection with the treatment of the injuries complained of in the Verified Complaint, set forth: (a) the source of the reimbursement, including: (i) the name of the indemnitor (such as Blue Cross, GHI, etc.); (ii) the group or policy number and plaintiffs’ identification number for each provider, (iii) Medicaid and/or Medicare number; (b) The dates and amounts of reimbursement. 20. If loss of service is claimed, set forth the exact nature of the service, stating what was done or not done as a result of the alleged occurrence. PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with this Demand for a Verified Bill of Particulars, within thirty (30) days, a motion will be made pursuant to CPLR §3042. 5 of 6 FILED: NEW YORK COUNTY CLERK 04/02/2024 11:35 AM INDEX NO. 805023/2024 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/02/2024 Dated: New York, New York April 2, 2024 FURMAN KORNFELD & BRENNAN LLP Patrick J. Brennan, Esq. Attorneys for Defendant ILYA LAUFER, M.D. 88 Pine Street, 32nd Floor New York, New York 10005 (212) 867-4100 FKB File No.: 650.088 TO: FINZ & FINZ, P.C. Attorneys for Plaintiff 410 East Jericho Turnpike Mineola, NY 11501 (516) 433-3000 6 of 6