Preview
FILED: NEW YORK COUNTY CLERK 04/10/2024 03:11 PM INDEX NO. 805108/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x
MELINDA GILMORE,
Index No.:
Date Filed:
Plaintifl SUMMONS
-agamst-
Plaintiff designates New York
ROBERT HOTCHKISS M.D., County as the place of trial
The basis of venue is
Defendant's Principal Place of
Business: 535 E 70th St New
York, NY 10021
Defendant.
x
To the above named Defendant:
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 Plaintiff s Attorney(s) within 20 days after the service of this
srunmons,
exclusive of the day of Service (or within 30 days after the service is complete if this summons
is
not personally delivered to you within the State ofNew Yo.k); and 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: Lake Success, New York
April4 ,2024 Y
By: B. TANNENBAUM, ESQ.
TANNENBAUM, BELLANTONE & SILVER, P.C.
Attorneys for Plaintiff
Office and Post Office Address
2001 Marcus Avenue Suite Nl25
Lake Success, N.Y. 11042
File No.: 6459
TO:
DEFENDANTS ADDRESS;
ROBERT HOTCHKISS M.D., 535 E TOth St New york, Ny LOO2I
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024
SUPREME COURT OF THE STATE OF NEW YORK
COTINTY OF NEW YORK
X
MELINDA GILMORE, Index No
Plaintiff,
-against- VERIFIED
COMPLAINT
ROBERT HOTCHKISS M.D.,
Defendant.
x
Plaintiff by her attorneys TANNENBAUM, BELLANTONE, & SILVER, P.C.,
complaining of the Defendant, set forth and allege as follows:
AS AND F'OR THE CASUE OF ACTION
1. At all times herein mentioned, ROBERT HOTCHKISS M.D. was or represented himself
to be a physician duly licensed to practice medicine within the State of New York.
2. At all times hereinafter mentioned, ROBERT HOTCHKISS M.D was or represented
himself to be a specialist in the field of orthopedic hand surgery.
3. That, upon information and belief, Defendant, ROBERT HOTCHKISS M.D. undertook to
and did render continuing care and/or treatment to the Plaintiff from June 1I,2020 through
and including March 24,2022.
4. Defendant was careless and negligent and departed from accepted standards of medical and
surgical practice in the care, treatment and services that he rendered to Plaintiff Melinda
Gilmore; in failing to properly evaluate the Plaintiff for the contemplated procedure prior
to its performance; in carelessly and negligently performing a carpometacarpal joint
effi.rsion with iliac crest graft upon the Plaintiff; in failing to ensure intraoperatively and
2 of 7
FILED: NEW YORK COUNTY CLERK 04/10/2024 03:11 PM INDEX NO. 805108/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024
post operatively that Plaintiffs thumb was fused in the proper location and position; in
failing to take those intraoperative tests to determine the correct position into which
Plaintiffs thumb should be fused; in failing to take those tests necessarily postoperatively
to determine that the Plaintiffs thumb was fused in a proper position; in causing allowing
andlor permitting Plaintiffs thumb to be fused in a position which caused her inability to
properly use the thumb postoperatively; in causing the Plaintiffs to worsen and deteriorate
and in otherwise failing to comply with accepted standards of surgical carc for the type of
surgery performed upon Plaintiff.
AS AND F'OR A SECO CAUSE OF ACTION
5. Plaintiff repeats, reiterates and re-alleges each and every allegation of the complaint
designated on Paragraph "1" thtoughoo4" with the same force and effect as if more
fully set forth at length herein.
6. That the Defendant failed to obtain an informed consent from the Plaintiff; failed to
reasonably advise her of the foreseeable risk, benefits, hazards, and complications
attendant to the medical procedures to be performed; failed to advise Plaintiff of the
available alternative methods and modalities of treatment ; and otherwise failed to
disclose that information as would a reasonable medical practitioner under similar
circumstances.
7. That the Plaintiff, and a reasonable person in the PlaintifPi position, would not have
consented to the procedures performed in the manner performed had she been informed
of the risks attendant to same.
8. That by reason of the foregoing, Plaintiff was caused to become sick, sore, lame and
disabled and to sustain injuries of a permanent and lasting nature and caused Plaintiff to
expend a large amount of money for additional medical and surgical care.
9. That by reason of the foregoing, Plaintiff has sustained damages in a sum of money
which exceeds the jurisdictional limitation of all lower courts which would otherwise
have jurisdiction of this action.
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WHEREFORE, Plaintiff demands judgment against the Defendants in a sum
which exceeds the jurisdictional limitation of all lower Courts which would otherwise
have jurisdiction of this action, together with the costs and disbursements of this action,
and interest from the date of the verdict to be rendered herein.
Dated: Lake Success, New York
April4,2024
T & SILVER, P.C
: STEVEN B. TANNENBAUM, ESQ
2OO1 MARCUS AVENUE STE. NI25,
LAKE SUCCESS, NEW YORK IIO42
PHONE: (sl6) 3s4-0200
FAX: (516) 354-1733
FILE NO.: 6459
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AITORNEY VERIFICATION
The undersigned, an attorney admitted to practice in the Courts of New york State.
states under penalty of perjury that I am one of the attorneys for the plaintiff in within action:
I have read the foregoing SUMMONS AND COMPLAINT and know the contents
thereof; that the same is true to my own knowledge except as to the matters I believe to be
true. The reason this verification is made by me and not by my client(s) is that my client(s) in not
presently in the County where I maintain my offices. The grounds of my b6lief as
to all matters
not stated upon my own knowledge are the materials in my file and the investigation conducted
by my office.
Dated: Lake Success, New york
April 4, 2024
Steven B. Tannenbaum, Esq.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
MELINDA GILMORE,
Plaintiff,
-against- CERTIFICATE OF MERIT
ROBERT HOTCHKISS M.D.,
Defendant.
SIRS:
I, the undersigned, attorney for Plaintiff, declare that,
X I have reviewed the facts ofthe case and have consulted with at least one physician who
is licensed to practice in this State or any other State and who I reasonably believe is
knowledgeable in the relevant issues involved in this action, and I have concluded on the basis of
such review and consultation that there is a reasonable basis for the commencement of this
action.
I was unable to obtain the consultation required by CPLR Section 3012-(a)(1) because a
limitation of time established by CPLR Article 2 would bar the action, and the certificate
required by CPLR Section 3012-a(a)(1) could not reasonably be obtained before such time
expired. The certificate required shall be filed within ninety days after service of the complaint.
I intend to rely solely on the doctrine of "Res Ipsa Loquitur" and for that reason I am not
filing the certificate required by CPLR Section 3012-(a)(1).
I was unable to obtaina consultation required by CPLR Section 3012-a(a)(1) because I
have made three separate good faith attempts, with three separate physicians, dentists or
podiatrists to obtain such consultation and none of those contacted would agree to such
consultation.
Dated: Lake Success, New York
4pi14,2024
Yours,
UM, & SILVER, P.C.
B. TANNENBAUM, ESQ.
Attomey for Plaintiff
2001 Marcus Avenue, Ste. Nl25
Lake Success, New York 11042
Phone: (516) 354-0200
FAX: 516-354-1733 '
File#:6459
L
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024
Index No. Year RJI No. Hon.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
MELINDA GILMORE,
Plaintiff,
-agamst-
ROBERT HOTCHKISS M,D.,
Defendant.
SUM1VIONS AND COMPLAINT
TO Signature (Rule I 30-1. 1-a)
Sternag.7*
Steven B. Tannenbaum
Attorney(s) for P laintiff(s)
Service of a copy of the within is hereby admitted.
Dated:
Attomey(s) for
Please take notice
[ ] NOTTCE OF ENTRY
That the within is a (certiJied) true copy of a
duly entered in the office of the clerk of the within names corfi on
I J 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 at
Dated,
Yours, etc.
TANNENBAUM, BELLANTONE, & SILVER, P.C.
Att o r ney (s) for P I aint ffis)
Office and Post Office Address
2001 Marcus Avenue Ste. N 125
Lake Success, NY 11042
File No.:
7 of 7
Preview
FILED: NEW YORK COUNTY CLERK 04/10/2024 03:11 PM INDEX NO. 805108/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x MELINDA GILMORE, Index No.: Date Filed: Plaintifl SUMMONS -agamst- Plaintiff designates New York ROBERT HOTCHKISS M.D., County as the place of trial The basis of venue is Defendant's Principal Place of Business: 535 E 70th St New York, NY 10021 Defendant. x To the above named Defendant: 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 Plaintiff s Attorney(s) within 20 days after the service of this srunmons, exclusive of the day of Service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State ofNew Yo.k); and 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: Lake Success, New York April4 ,2024 Y By: B. TANNENBAUM, ESQ. TANNENBAUM, BELLANTONE & SILVER, P.C. Attorneys for Plaintiff Office and Post Office Address 2001 Marcus Avenue Suite Nl25 Lake Success, N.Y. 11042 File No.: 6459 TO: DEFENDANTS ADDRESS; ROBERT HOTCHKISS M.D., 535 E TOth St New york, Ny LOO2I 1 of 7 FILED: NEW YORK COUNTY CLERK 04/10/2024 03:11 PM INDEX NO. 805108/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024 SUPREME COURT OF THE STATE OF NEW YORK COTINTY OF NEW YORK X MELINDA GILMORE, Index No Plaintiff, -against- VERIFIED COMPLAINT ROBERT HOTCHKISS M.D., Defendant. x Plaintiff by her attorneys TANNENBAUM, BELLANTONE, & SILVER, P.C., complaining of the Defendant, set forth and allege as follows: AS AND F'OR THE CASUE OF ACTION 1. At all times herein mentioned, ROBERT HOTCHKISS M.D. was or represented himself to be a physician duly licensed to practice medicine within the State of New York. 2. At all times hereinafter mentioned, ROBERT HOTCHKISS M.D was or represented himself to be a specialist in the field of orthopedic hand surgery. 3. That, upon information and belief, Defendant, ROBERT HOTCHKISS M.D. undertook to and did render continuing care and/or treatment to the Plaintiff from June 1I,2020 through and including March 24,2022. 4. Defendant was careless and negligent and departed from accepted standards of medical and surgical practice in the care, treatment and services that he rendered to Plaintiff Melinda Gilmore; in failing to properly evaluate the Plaintiff for the contemplated procedure prior to its performance; in carelessly and negligently performing a carpometacarpal joint effi.rsion with iliac crest graft upon the Plaintiff; in failing to ensure intraoperatively and 2 of 7 FILED: NEW YORK COUNTY CLERK 04/10/2024 03:11 PM INDEX NO. 805108/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024 post operatively that Plaintiffs thumb was fused in the proper location and position; in failing to take those intraoperative tests to determine the correct position into which Plaintiffs thumb should be fused; in failing to take those tests necessarily postoperatively to determine that the Plaintiffs thumb was fused in a proper position; in causing allowing andlor permitting Plaintiffs thumb to be fused in a position which caused her inability to properly use the thumb postoperatively; in causing the Plaintiffs to worsen and deteriorate and in otherwise failing to comply with accepted standards of surgical carc for the type of surgery performed upon Plaintiff. AS AND F'OR A SECO CAUSE OF ACTION 5. Plaintiff repeats, reiterates and re-alleges each and every allegation of the complaint designated on Paragraph "1" thtoughoo4" with the same force and effect as if more fully set forth at length herein. 6. That the Defendant failed to obtain an informed consent from the Plaintiff; failed to reasonably advise her of the foreseeable risk, benefits, hazards, and complications attendant to the medical procedures to be performed; failed to advise Plaintiff of the available alternative methods and modalities of treatment ; and otherwise failed to disclose that information as would a reasonable medical practitioner under similar circumstances. 7. That the Plaintiff, and a reasonable person in the PlaintifPi position, would not have consented to the procedures performed in the manner performed had she been informed of the risks attendant to same. 8. That by reason of the foregoing, Plaintiff was caused to become sick, sore, lame and disabled and to sustain injuries of a permanent and lasting nature and caused Plaintiff to expend a large amount of money for additional medical and surgical care. 9. That by reason of the foregoing, Plaintiff has sustained damages in a sum of money which exceeds the jurisdictional limitation of all lower courts which would otherwise have jurisdiction of this action. 3 of 7 FILED: NEW YORK COUNTY CLERK 04/10/2024 03:11 PM INDEX NO. 805108/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024 WHEREFORE, Plaintiff demands judgment against the Defendants in a sum which exceeds the jurisdictional limitation of all lower Courts which would otherwise have jurisdiction of this action, together with the costs and disbursements of this action, and interest from the date of the verdict to be rendered herein. Dated: Lake Success, New York April4,2024 T & SILVER, P.C : STEVEN B. TANNENBAUM, ESQ 2OO1 MARCUS AVENUE STE. NI25, LAKE SUCCESS, NEW YORK IIO42 PHONE: (sl6) 3s4-0200 FAX: (516) 354-1733 FILE NO.: 6459 4 of 7 FILED: NEW YORK COUNTY CLERK 04/10/2024 03:11 PM INDEX NO. 805108/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024 AITORNEY VERIFICATION The undersigned, an attorney admitted to practice in the Courts of New york State. states under penalty of perjury that I am one of the attorneys for the plaintiff in within action: I have read the foregoing SUMMONS AND COMPLAINT and know the contents thereof; that the same is true to my own knowledge except as to the matters I believe to be true. The reason this verification is made by me and not by my client(s) is that my client(s) in not presently in the County where I maintain my offices. The grounds of my b6lief as to all matters not stated upon my own knowledge are the materials in my file and the investigation conducted by my office. Dated: Lake Success, New york April 4, 2024 Steven B. Tannenbaum, Esq. 5 of 7 FILED: NEW YORK COUNTY CLERK 04/10/2024 03:11 PM INDEX NO. 805108/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MELINDA GILMORE, Plaintiff, -against- CERTIFICATE OF MERIT ROBERT HOTCHKISS M.D., Defendant. SIRS: I, the undersigned, attorney for Plaintiff, declare that, X I have reviewed the facts ofthe case and have consulted with at least one physician who is licensed to practice in this State or any other State and who I reasonably believe is knowledgeable in the relevant issues involved in this action, and I have concluded on the basis of such review and consultation that there is a reasonable basis for the commencement of this action. I was unable to obtain the consultation required by CPLR Section 3012-(a)(1) because a limitation of time established by CPLR Article 2 would bar the action, and the certificate required by CPLR Section 3012-a(a)(1) could not reasonably be obtained before such time expired. The certificate required shall be filed within ninety days after service of the complaint. I intend to rely solely on the doctrine of "Res Ipsa Loquitur" and for that reason I am not filing the certificate required by CPLR Section 3012-(a)(1). I was unable to obtaina consultation required by CPLR Section 3012-a(a)(1) because I have made three separate good faith attempts, with three separate physicians, dentists or podiatrists to obtain such consultation and none of those contacted would agree to such consultation. Dated: Lake Success, New York 4pi14,2024 Yours, UM, & SILVER, P.C. B. TANNENBAUM, ESQ. Attomey for Plaintiff 2001 Marcus Avenue, Ste. Nl25 Lake Success, New York 11042 Phone: (516) 354-0200 FAX: 516-354-1733 ' File#:6459 L 6 of 7 FILED: NEW YORK COUNTY CLERK 04/10/2024 03:11 PM INDEX NO. 805108/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2024 Index No. Year RJI No. Hon. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MELINDA GILMORE, Plaintiff, -agamst- ROBERT HOTCHKISS M,D., Defendant. SUM1VIONS AND COMPLAINT TO Signature (Rule I 30-1. 1-a) Sternag.7* Steven B. Tannenbaum Attorney(s) for P laintiff(s) Service of a copy of the within is hereby admitted. Dated: Attomey(s) for Please take notice [ ] NOTTCE OF ENTRY That the within is a (certiJied) true copy of a duly entered in the office of the clerk of the within names corfi on I J 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 at Dated, Yours, etc. TANNENBAUM, BELLANTONE, & SILVER, P.C. Att o r ney (s) for P I aint ffis) Office and Post Office Address 2001 Marcus Avenue Ste. N 125 Lake Success, NY 11042 File No.: 7 of 7