Preview
FILED: SUFFOLK COUNTY CLERK 04/12/2024 01:01 PM INDEX NO. 606657/2024
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/12/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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DEANNA COSTELLO and JOHN WENSSEN,
Index No.: 606657/2024
Plaintiffs,
DEMAND FOR VERIFIED BILL
-against- OF PARTICULARS AS TO
CHARLES RUOTOLO, M.D.
CHARLES RUOTOLO, M.D., RACHELLE COVERSO,
P.A., G. LUCY L. VAN DE VEGTE, M.D., EXPRESS
CARE MASSAPEQUA, TOTAL ORTHOPEDICS AND
SPORTS MEDICINE and ZWANGER & PESIRI
RADIOLOGY GROUP, LLP,
Defendants.
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COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to Section 3041, Rules 3042 and 3043, and
Sections 3044 and 4545 of the Civil Practice Law and Rules, you are hereby required to serve a
Verified Bill of Particulars upon the undersigned within twenty (20) days after receipt of this
Demand as to the following items:
1. The dates and approximate times of the day of the alleged negligent acts and/or
omissions which will be alleged against the answering defendant herein.
2. The approximate location of the alleged negligent acts and/or omissions charged
against the answering defendant herein.
3. A general statement of the acts or omissions constituting the negligence and/or
malpractice alleged against the answering defendant. State the names of each and every person
who performed such acts or failed to act; if the names are not known, state the job title/occupation
of each such person.
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4. Where notice of a condition is a prerequisite, whether actual or constructive notice
is claimed.
5. If actual notice is claimed, a statement of when and to whom it was given.
6. State:
(a) The injuries the plaintiff suffered as a result of the alleged negligence and/or
malpractice of the answering defendant.
(b) Set forth which injuries are claimed to be permanent and in what respect
they are claimed to be permanent.
7. 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.
8. State:
(a) The period of time the plaintiff was confined to bed.
(b) The period of time the plaintiff was confined to house.
(c) Separately if plaintiff was admitted to the hospital, with identification of the
name of each institution, corresponding dates of confinement, and a general
description of the treatment rendered.
9. State separately the total amounts claimed by the plaintiff as special damages for
each of the following:
(a) Physicians' services, with names and addresses of physicians;
(b) Nurses' services;
(c) Medical supplies;
(d) Hospital expenses, with the names and addresses of all hospitals;
(e) Loss of earnings;
(f) Any other expenses.
10. If plaintiff received reimbursement or indemnification for any of the special
damages set forth in response to Item (9) above or if payment of such bills or damages was made
on the plaintiff's behalf, state:
(a) The amounts for which the plaintiff was reimbursed or indemnified, or
payment of which was made on plaintiff’s behalf;
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(b) The services for which such amounts were reimbursed or indemnified, or
for which payment was made on plaintiff’s behalf;
(c) The source or sources of such reimbursement, indemnification, or payment.
11. State:
(a) Occupation of the plaintiff.
(b) Name and address of plaintiff’s employer; if self-employed, state the
address of his/her employment and the type of business or occupation in
which he/she was engaged immediately prior to the occurrence.
(c) The length of time plaintiff was unable to attend to his/her employment.
(d) The amount of money plaintiff was alleged to have earned during the year
prior to the occurrence.
(e) The amount of earnings the plaintiff was alleged to have lost as a result of
the occurrence.
(f) Name and address of any entity, including but not limited to Social Security,
Worker’s Compensation, Disability, that plaintiff received money from, or
has applied to receive money from, or is eligible to receive money from, to
compensate plaintiff for the alleged loss of earnings.
(g) If future loss of earnings are alleged, state the anticipated future loss of
earnings in present value.
(h) If future loss of earnings are alleged, state the period of time it is anticipated
that future loss of earnings will be incurred.
12. State the date of birth of the plaintiff .
13. State the residence(s) of the plaintiff for the following periods of time:
(a) During the time the plaintiff was a patient of the answering defendant.
(b) At the time of the filing of the Summons and Complaint.
(c) Currently.
14. Set forth the Social Security number of the plaintiff.
15. If it will be claimed that the answering defendant is vicariously liable to plaintiff
for the acts or omissions of another person or entity, state:
(a) The name/title of such person or entity for whom the answering defendant
is claimed to be vicariously liable; and
(b) The facts upon which the claim of vicarious liability is based.
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16. If it will be claimed that the defendant performed or undertook any part of the
treatment without the patient's informed consent, set forth the following:
(a) The risks of the procedure and/or treatment known to the patient before it
was performed.
(b) The information concerning the risks imparted to the patient by the
defendant.
(c) The information concerning the risks imparted to the patient by the other
physicians.
(d) Any assurances provided to the defendant or others by the patient to the
effect that the patient wanted the procedure and/or treatment performed
regardless of the risks or that the patient did not want to be informed of the
risks by the defendant.
(e) The circumstances making it reasonably possible for the defendant to obtain
consent by or on behalf of the patient.
(f) The additional information, if any, which the defendant should have
provided the patient concerning the procedure and/or treatment.
(g) What course of treatment the plaintiff would have chosen if defendant
reasonably disclosed the material risks of the treatment/procedure
administered.
(h) Whether plaintiff claims that there were available alternative choices of
treatment that could have been administered but were not disclosed, and if
so, describe each alternative.
17. Please state the grounds for the inapplicability of CPLR Article 16.
18. If an exception under CPLR § 1602 is claimed:
(a) Please state the sections which are applicable;
(b) Please state the grounds upon which the claim for an exception under CPLR
§ 1602 is based.
19. As to the derivative claim for loss of service asserted by plaintiff’s spouse, state the
following:
(a) The date of marriage;
(b) Whether plaintiff and his/her spouse were living together as husband and
wife as of the date of the alleged negligence;
(c) The usual business or occupation of the plaintiff’s spouse, including the
name and address of each employer, if employed outside the home;
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(d) The basis for the claim of loss of service, separately specifying each
component thereof;
(e) An itemized statement of all monetary sums claimed as part of the loss of
services claim;
(f) An itemized statement of all future monetary damages claimed as part of
the loss of services cause of action;
(g) Identify and state each element of the plaintiff’s spouse's loss of services
claim which is claimed is permanent.
20. State the date and substance of any grievance filed by or on behalf of plaintiff
regarding the treatment that serves as the basis of this complaint, with identification of the entity
to which the grievance was filed.
21. State the full caption of each and every lawsuit brought by or on plaintiff’s behalf
to recover damages for any connected or aggravated injuries allegedly caused and sustained by
reason of the acts of one or more preceding, joint, concurrent and/or succeeding tortfeasors,
including:
(a) Court with venue;
(b) Index number;
(c) Calendar number;
(d) Name and addresses of all litigants;
(e) Names and addresses of all attorneys appearing for the litigants;
(f) Status of lawsuit.
22. Set forth the county and state of birth of the plaintiff, together with the plaintiff's
full name at the time of birth.
23. If plaintiff alleges defendant was negligent in hiring and retaining staff, please state:
(a) the identity of those persons the plaintiff alleges the defendant negligently
hired;
(b) what information the defendant allegedly had or should have had regarding
the person or persons negligently hired;
(c) the regulation, if any, that the plaintiff alleges that the defendant violated;
(d) in what manner any employee or agent of the defendant was not acting in
the scope of their employment?
(e) the dates when the plaintiff experienced the effects of the alleged negligent
hiring; and
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(f) how the defendant allegedly failed to use reasonable care in hiring staff;
(g) the manner in which the defendant was negligent in hiring staff personnel.
In the event of your failure to comply with this Demand for a Verified Bill of Particulars
within twenty (20) days, a motion will be made for an order precluding you from offering any
evidence at the trial of this action with respect to the foregoing demands.
Dated: April 12, 2024
Garden City, New York
Yours etc.,
RUBIN PATERNITI GONZALEZ
RIZZO KAUFMAN, LLP
By: _______________________________
Craig V. Rizzo
Attorneys for Defendants
CHARLES RUOTOLO, M.D. and TOTAL
ORTHOPAEDIC & SPORTS MEDICINE d/b/a
TOTAL ORTHOPEDICS & SPORTS MEDICINE
d/b/a EXPRESS CARE MASSAPEQUA s/h/a
CHARLES RUOTOLO, M.D., EXPRESS CARE
MASSAPEQUA and TOTAL ORTHOPEDICS
AND SPORTS MEDICINE; and RACHELLE
COVERSO CARDELLA, P.A. s/h/a RACHELLE
COVERSO, P.A.
1225 Franklin Avenue, Suite 200
Garden City, New York 11530
(516) 344-6376
File No.: 736.8312
TO: DELL & DEAN, PLLC
Attorneys for Plaintiffs
1225 Franklin Avenue, Suite 360
Garden City, New York 11530
(516) 880-9700
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/12/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
DEANNA COSTELLO and JOHN WENSSEN, Index No.: 606657/2024
Plaintiffs,
-against-
CHARLES RUOTOLO, M.D., RACHELLE COVERSO, P.A.,
G. LUCY L. VAN DE VEGTE, M.D., EXPRESS CARE
MASSAPEQUA, TOTAL ORTHOPEDICS AND SPORTS
MEDICINE and ZWANGER & PESIRI RADIOLOGY
GROUP, LLP,
Defendants.
DEMAND FOR VERIFIED BILL OF PARTICULARS AS TO
CHARLES RUOTOLO, M.D.
RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN LLP
Attorneys for Defendants
CHARLES RUOTOLO, M.D. and TOTAL ORTHOPAEDIC & SPORTS MEDICINE d/b/a
TOTAL ORTHOPEDICS & SPORTS MEDICINE d/b/a EXPRESS CARE MASSAPEQUA
s/h/a CHARLES RUOTOLO, M.D., EXPRESS CARE MASSAPEQUA and TOTAL
ORTHOPEDICS AND SPORTS MEDICINE; and RACHELLE COVERSO CARDELLA,
P.A. s/h/a RACHELLE COVERSO, P.A.
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: SUFFOLK COUNTY CLERK 04/12/2024 01:01 PM INDEX NO. 606657/2024 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------------------------------------------------X DEANNA COSTELLO and JOHN WENSSEN, Index No.: 606657/2024 Plaintiffs, DEMAND FOR VERIFIED BILL -against- OF PARTICULARS AS TO CHARLES RUOTOLO, M.D. CHARLES RUOTOLO, M.D., RACHELLE COVERSO, P.A., G. LUCY L. VAN DE VEGTE, M.D., EXPRESS CARE MASSAPEQUA, TOTAL ORTHOPEDICS AND SPORTS MEDICINE and ZWANGER & PESIRI RADIOLOGY GROUP, LLP, Defendants. --------------------------------------------------------------------X COUNSELORS: PLEASE TAKE NOTICE, that pursuant to Section 3041, Rules 3042 and 3043, and Sections 3044 and 4545 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars upon the undersigned within twenty (20) days after receipt of this Demand as to the following items: 1. The dates and approximate times of the day of the alleged negligent acts and/or omissions which will be alleged against the answering defendant herein. 2. The approximate location of the alleged negligent acts and/or omissions charged against the answering defendant herein. 3. A general statement of the acts or omissions constituting the negligence and/or malpractice alleged against the answering defendant. State the names of each and every person who performed such acts or failed to act; if the names are not known, state the job title/occupation of each such person. 1 of 7 FILED: SUFFOLK COUNTY CLERK 04/12/2024 01:01 PM INDEX NO. 606657/2024 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/12/2024 4. Where notice of a condition is a prerequisite, whether actual or constructive notice is claimed. 5. If actual notice is claimed, a statement of when and to whom it was given. 6. State: (a) The injuries the plaintiff suffered as a result of the alleged negligence and/or malpractice of the answering defendant. (b) Set forth which injuries are claimed to be permanent and in what respect they are claimed to be permanent. 7. 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. 8. State: (a) The period of time the plaintiff was confined to bed. (b) The period of time the plaintiff was confined to house. (c) Separately if plaintiff was admitted to the hospital, with identification of the name of each institution, corresponding dates of confinement, and a general description of the treatment rendered. 9. State separately the total amounts claimed by the plaintiff as special damages for each of the following: (a) Physicians' services, with names and addresses of physicians; (b) Nurses' services; (c) Medical supplies; (d) Hospital expenses, with the names and addresses of all hospitals; (e) Loss of earnings; (f) Any other expenses. 10. If plaintiff received reimbursement or indemnification for any of the special damages set forth in response to Item (9) above or if payment of such bills or damages was made on the plaintiff's behalf, state: (a) The amounts for which the plaintiff was reimbursed or indemnified, or payment of which was made on plaintiff’s behalf; 4855-0852-3071, v. 1 2 of 7 FILED: SUFFOLK COUNTY CLERK 04/12/2024 01:01 PM INDEX NO. 606657/2024 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/12/2024 (b) The services for which such amounts were reimbursed or indemnified, or for which payment was made on plaintiff’s behalf; (c) The source or sources of such reimbursement, indemnification, or payment. 11. State: (a) Occupation of the plaintiff. (b) Name and address of plaintiff’s employer; if self-employed, state the address of his/her employment and the type of business or occupation in which he/she was engaged immediately prior to the occurrence. (c) The length of time plaintiff was unable to attend to his/her employment. (d) The amount of money plaintiff was alleged to have earned during the year prior to the occurrence. (e) The amount of earnings the plaintiff was alleged to have lost as a result of the occurrence. (f) Name and address of any entity, including but not limited to Social Security, Worker’s Compensation, Disability, that plaintiff received money from, or has applied to receive money from, or is eligible to receive money from, to compensate plaintiff for the alleged loss of earnings. (g) If future loss of earnings are alleged, state the anticipated future loss of earnings in present value. (h) If future loss of earnings are alleged, state the period of time it is anticipated that future loss of earnings will be incurred. 12. State the date of birth of the plaintiff . 13. State the residence(s) of the plaintiff for the following periods of time: (a) During the time the plaintiff was a patient of the answering defendant. (b) At the time of the filing of the Summons and Complaint. (c) Currently. 14. Set forth the Social Security number of the plaintiff. 15. If it will be claimed that the answering defendant is vicariously liable to plaintiff for the acts or omissions of another person or entity, state: (a) The name/title of such person or entity for whom the answering defendant is claimed to be vicariously liable; and (b) The facts upon which the claim of vicarious liability is based. 4855-0852-3071, v. 1 3 of 7 FILED: SUFFOLK COUNTY CLERK 04/12/2024 01:01 PM INDEX NO. 606657/2024 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/12/2024 16. If it will be claimed that the defendant performed or undertook any part of the treatment without the patient's informed consent, set forth the following: (a) The risks of the procedure and/or treatment known to the patient before it was performed. (b) The information concerning the risks imparted to the patient by the defendant. (c) The information concerning the risks imparted to the patient by the other physicians. (d) Any assurances provided to the defendant or others by the patient to the effect that the patient wanted the procedure and/or treatment performed regardless of the risks or that the patient did not want to be informed of the risks by the defendant. (e) The circumstances making it reasonably possible for the defendant to obtain consent by or on behalf of the patient. (f) The additional information, if any, which the defendant should have provided the patient concerning the procedure and/or treatment. (g) What course of treatment the plaintiff would have chosen if defendant reasonably disclosed the material risks of the treatment/procedure administered. (h) Whether plaintiff claims that there were available alternative choices of treatment that could have been administered but were not disclosed, and if so, describe each alternative. 17. Please state the grounds for the inapplicability of CPLR Article 16. 18. If an exception under CPLR § 1602 is claimed: (a) Please state the sections which are applicable; (b) Please state the grounds upon which the claim for an exception under CPLR § 1602 is based. 19. As to the derivative claim for loss of service asserted by plaintiff’s spouse, state the following: (a) The date of marriage; (b) Whether plaintiff and his/her spouse were living together as husband and wife as of the date of the alleged negligence; (c) The usual business or occupation of the plaintiff’s spouse, including the name and address of each employer, if employed outside the home; 4855-0852-3071, v. 1 4 of 7 FILED: SUFFOLK COUNTY CLERK 04/12/2024 01:01 PM INDEX NO. 606657/2024 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/12/2024 (d) The basis for the claim of loss of service, separately specifying each component thereof; (e) An itemized statement of all monetary sums claimed as part of the loss of services claim; (f) An itemized statement of all future monetary damages claimed as part of the loss of services cause of action; (g) Identify and state each element of the plaintiff’s spouse's loss of services claim which is claimed is permanent. 20. State the date and substance of any grievance filed by or on behalf of plaintiff regarding the treatment that serves as the basis of this complaint, with identification of the entity to which the grievance was filed. 21. State the full caption of each and every lawsuit brought by or on plaintiff’s behalf to recover damages for any connected or aggravated injuries allegedly caused and sustained by reason of the acts of one or more preceding, joint, concurrent and/or succeeding tortfeasors, including: (a) Court with venue; (b) Index number; (c) Calendar number; (d) Name and addresses of all litigants; (e) Names and addresses of all attorneys appearing for the litigants; (f) Status of lawsuit. 22. Set forth the county and state of birth of the plaintiff, together with the plaintiff's full name at the time of birth. 23. If plaintiff alleges defendant was negligent in hiring and retaining staff, please state: (a) the identity of those persons the plaintiff alleges the defendant negligently hired; (b) what information the defendant allegedly had or should have had regarding the person or persons negligently hired; (c) the regulation, if any, that the plaintiff alleges that the defendant violated; (d) in what manner any employee or agent of the defendant was not acting in the scope of their employment? (e) the dates when the plaintiff experienced the effects of the alleged negligent hiring; and 4855-0852-3071, v. 1 5 of 7 FILED: SUFFOLK COUNTY CLERK 04/12/2024 01:01 PM INDEX NO. 606657/2024 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/12/2024 (f) how the defendant allegedly failed to use reasonable care in hiring staff; (g) the manner in which the defendant was negligent in hiring staff personnel. In the event of your failure to comply with this Demand for a Verified Bill of Particulars within twenty (20) days, a motion will be made for an order precluding you from offering any evidence at the trial of this action with respect to the foregoing demands. Dated: April 12, 2024 Garden City, New York Yours etc., RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN, LLP By: _______________________________ Craig V. Rizzo Attorneys for Defendants CHARLES RUOTOLO, M.D. and TOTAL ORTHOPAEDIC & SPORTS MEDICINE d/b/a TOTAL ORTHOPEDICS & SPORTS MEDICINE d/b/a EXPRESS CARE MASSAPEQUA s/h/a CHARLES RUOTOLO, M.D., EXPRESS CARE MASSAPEQUA and TOTAL ORTHOPEDICS AND SPORTS MEDICINE; and RACHELLE COVERSO CARDELLA, P.A. s/h/a RACHELLE COVERSO, P.A. 1225 Franklin Avenue, Suite 200 Garden City, New York 11530 (516) 344-6376 File No.: 736.8312 TO: DELL & DEAN, PLLC Attorneys for Plaintiffs 1225 Franklin Avenue, Suite 360 Garden City, New York 11530 (516) 880-9700 4855-0852-3071, v. 1 6 of 7 FILED: SUFFOLK COUNTY CLERK 04/12/2024 01:01 PM INDEX NO. 606657/2024 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK DEANNA COSTELLO and JOHN WENSSEN, Index No.: 606657/2024 Plaintiffs, -against- CHARLES RUOTOLO, M.D., RACHELLE COVERSO, P.A., G. LUCY L. VAN DE VEGTE, M.D., EXPRESS CARE MASSAPEQUA, TOTAL ORTHOPEDICS AND SPORTS MEDICINE and ZWANGER & PESIRI RADIOLOGY GROUP, LLP, Defendants. DEMAND FOR VERIFIED BILL OF PARTICULARS AS TO CHARLES RUOTOLO, M.D. RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN LLP Attorneys for Defendants CHARLES RUOTOLO, M.D. and TOTAL ORTHOPAEDIC & SPORTS MEDICINE d/b/a TOTAL ORTHOPEDICS & SPORTS MEDICINE d/b/a EXPRESS CARE MASSAPEQUA s/h/a CHARLES RUOTOLO, M.D., EXPRESS CARE MASSAPEQUA and TOTAL ORTHOPEDICS AND SPORTS MEDICINE; and RACHELLE COVERSO CARDELLA, P.A. s/h/a RACHELLE COVERSO, P.A. Office and Post Office Address 1225 Franklin Avenue, Suite 200 Garden City, New York 11530 Telephone (516) 344-6376 TO: ALL PARTIES 4855-0852-3071, v. 1 7 of 7