Preview
INDEX NO. 24553/2013E
(FILED: BRONX COUNTY CLERK 0172772014)
NYSCEF DOC. NO. 19 RECEIVED NYSCEF 01/27/2014
SUPREME COURT OF THE STATE OF NEW YORK
Ol Y OF BRONX
ane. iene nn nnn
enn nner meen eenenee
SHERRY PICCHIONI as Administratrix of the Estate of
RODERICK PICCHIONL, deceased, and SHERRY
PICCHIONI, Individually,
Plaintiff, Index No.: 24553/2013E
- against - VERIFIED ANSWER
ANTONIO FOJAS, RUMANA SABUR, RICHARD
LUCARIELLO, MAHIRE OZCAN, NOAH
KORNBLUM, VINDHYA KATPALLY, TYLIS
CHANG, RONALD LIS, NEJAT KIYICI, NANDITA
SINHA, PRAKASHCHANDRA RAO, JUDAH
FIERSTEIN, MICHAEL ADER, RASHAM MITTAL
STEFA MADAJEWICZ, SHARON LEUNG, TAREK
ELRAFEL, MANOJ KARWA, MONTEFIORE
MEDICAL CENTER, MONTEFIORE WAKEFIELD
CAMPUS and JACK D. WEILER HOSPITAL,
Defendants.
nn ene een en nen enneneeneneennnnnennneeneneen,
Defendant MONTEFIORE MEDICAL CENTER s/h/a “MONTEFIORE
MEDICAL CENTER, MONTEFIORE WAKEFIELD CAMPUS AND JACK D. WEILER
HOSPITAL”, by its attorneys, HEIDELL, PITTONI, MURPHY & BACH, LLP, upon
information and belief, answers the Verified Complaint herein as follows:
AS AND TO THE FIRST CAUSE OF ACTION
FIRST: Denies knowledge or information sufficient to form a belief as to the
allegations contained in the paragraph of the complaint designated “1” and otherwise begs leave
to refer all questions of law to the court and all questions of fact to the trier thereof.
SECOND: Denies knowledge or information sufficient to form a belief as to the
allegations contained in the paragraphs of the complaint designated “2” through “10”, except
admits that at certain times not specifically set forth in the complaint, MONTEFIORE
1161283.1
MEDICAL CENTER was located in part at 111 E. 210" Street, Bronx, New York and that at
certain times not specifically set forth in the complaint, certain professional services were
provided to and for plaintiffs decedent in accordance with accepted standards of medical care
and otherwise begs leave to refer all questions of law to the court and all questions of fact to the
trier thereof.
THIRD: Denies knowledge or information sufficient to form a belief as to the
allegations contained in the paragraphs of the complaint designated “11” through “14”, except
admits that at certain times not specifically set forth in the complaint, defendant ANTONIO
FOJAS, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs
leave to refer all questions of law to the court and all questions of fact to the trier thereof.
FOURTH: Denies knowledge or information sufficient to form a belief as to the
allegations contained in the paragraphs of the complaint designated “15” through “18”, except
admits that at certain times not specifically set forth in the complaint, defendant RUMANA
SABUR, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs
leave to refer all questions of law to the court and all questions of fact to the trier thereof.
FIFTH: Denies knowledge or information sufficient to form a belief as to the
allegations contained in the paragraphs of the complaint designated “19” through “22”, except
admits that at certain times not specifically set forth in the complaint, defendant RICHARD
LUCARIELLO, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise
begs leave to refer all questions of law to the court and all questions of fact to the trier thereof.
SIXTH: Denies knowledge or information sufficient to form a belief as to the
allegations contained in the paragraphs of the complaint designated “23” through “26”, except
admits that at certain times not specifically set forth in the complaint, defendant MAHIRE
1161283.1
OZCAN, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs
leave to refer all questions of law to the court and all questions of fact to the trier thereof.
SEVENTH: Denies knowledge or information sufficient to form a belief as to the
allegations contained in the paragraphs of the complaint designated “27” through “30”, except
admits that at certain times not specifically set forth in the complaint, defendant NOAH
KORNBLUM, M_D. was associated with MONTEFIORE MEDICAL CENTER and otherwise
begs leave to refer all questions of law to the court and all questions of fact to the trier thereof.
EIGHTH: Denies knowledge or information sufficient to form a belief as to the
allegations contained in the paragraphs of the complaint designated “31” through “34”, except
admits that at certain times not specifically set forth in the complaint, defendant VINDHYA
KATPALLY, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise
begs leave to refer all questions of law to the court and all questions of fact to the trier thereof.
NINTH: Denies knowledge or information sufficient to form a belief as to the
allegations contained in the paragraphs of the complaint designated “35” through “38”, except
admits that at certain times not specifically set forth in the complaint, defendant TYLIS
CHANG, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs
leave to refer all questions of law to the court and all questions of fact to the trier thereof.
TENTH: Denies knowledge or information sufficient to form a belief as to the
allegations contained in the paragraphs of the complaint designated “39” through “42”, except
admits that at certain times not specifically set forth in the complaint, defendant RONALD LIS.
M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs leave to
refer all questions of law to the court and all questions of fact to the trier thereof.
1161283.1
ELEVENTH: Denies knowledge or information sufficient to form a belief as to
the allegations contained in the paragraphs of the complaint designated “43” through “46”,
except admits that at certain times not specifically set forth in the complaint, defendant NEJAT
KIYICI, M.D. was associated with MONTEFIORE MEDICAL CENTER, and otherwise begs
leave to refer all questions of law to the court and all questions of fact to the trier thereof.
TWELFTH: Denies knowledge or information sufficient to form a belief as to the
allegations contained in the paragraphs of the complaint designated “47” through “50”, except
admits that at certain times not specifically set forth in the complaint, defendant NANDITA
SINHA, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs
leave to refer all questions of law to the court and all questions of fact to the trier thereof.
THIRTEENTH: Denies knowledge or information sufficient to form a belief as
to the allegations contained in the paragraphs of the complaint designated “51” through “$4”,
except admits that at certain times not specifically set forth in the complaint, defendant
PRAKASHCHANDRA RAO, M.D. was associated with MONTEFIORE MEDICAL CENTER
and otherwise begs leave to refer all questions of law to the court and all questions of fact to the
trier thereof.
FOURTEENTH: Denies knowledge or information sufficient to form a belief as
to the allegations contained in the paragraphs of the complaint designated “55” through “58”,
except admits that at certain times not specifically set forth in the complaint, defendant JUDAH
FIERSTEIN, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise
begs leave to refer all questions of law to the court and all questions of fact to the trier thereof.
FIFTEENTH: Denies knowledge or information sufficient to form a belief as to
the allegations contained in the paragraphs of the complaint designated “59” through “62
1161283.1
except admits that at certain times not specifically set forth in the complaint, defendant
MICHAEL ADER, M.D. was associated with MONTEFIORE MEDICAL CENTER and
otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier
thereof.
SIXTEENTH: Denies knowledge or information sufficient to form a belief as to
the allegations contained in the paragraphs of the complaint designated “63” through “66”,
except admits that at certain times not specifically set forth in the complaint, defendant
RASHAM MITTAL, M.D. was associated with MONTEFIORE MEDICAL CENTER and
otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier
thereof.
SEVENTEENTH: Denies knowledge or information sufficient to form a belief as
to the allegations contained in the paragraphs of the complaint designated “67” through “70”,
except admits that at certain times not specifically set forth in the complaint, defendant STEFAN
MADAJEWICZ, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise
begs leave to refer all questions of law to the court and all questions of fact to the trier thereof.
EIGHTEENTH: Denies knowledge or information sufficient to form a belief as
to the allegations contained in the paragraphs of the complaint designated “71” through “74”,
except admits that at certain times not specifically set forth in the complaint, defendant
SHARON LEUNG, M.D. was associated with MONTEFIORE MEDICAL CENTER and
otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier
thereof.
NINETEENTH: Denies knowledge or information sufficient to form a belief as
to the allegations contained in the paragraphs of the complaint designated “75” through “78”,
161283.
except admits that at certain times not specifically set forth in the complaint, defendant NEJAT
KIYICI, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs
leave to refer all questions of law to the court and all questions of fact to the trier thereof,
TWENTIETH: Denies knowledge or information sufficient to form a belief as to
the allegations contained in the paragraphs of the complaint designated “79” through “82” and
otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier
thereof.
TWENTY-FIRST: Denies knowledge or information sufficient to form a belief
as to the allegations contained in the paragraphs of the complaint designated “83” through “86”,
except admits that at certain times not specifically set forth in the complaint, defendant MANOJ
KARWA, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs
leave to refer all questions of law to the court and all questions of fact to the trier thereof.
TWENTY-SECOND: Denies the allegations contained in the paragraphs of the
complaint designated “87” through “90” insofar as the allegations pertain to the answering
defendant and otherwise denies knowledge or information sufficient to form abelief as to these
allegations and begs leave to refer all questions of law to the court and all questions of fact to the
trier thereof.
AS AND TO THE SECOND CAUSE OF ACTION
TWENTY-THIRD: Answering the paragraph of the complaint designated “91,”
defendant repeats and realleges each and every denial and admission in answer to the paragraphs
of the complaint designated “1” through “90” with the same force and effect as if herein set forth
at length.
TWENTY-FOURTH: Denies the allegations contained in the paragraphs of the
complaint designated “92” and “93” insofar as the allegations pertain to the answering defendant
1161283.1
and otherwise denies knowledge or information sufficient to form a belief as to these allegations
and begs leave to refer all questions of law to the court and all questions of fact to the trier
thereof.
AS AND TO THE THIRD CAUSE OF ACTION
TWENTY-FIFTH: Answering the paragraph of the complaint designated “94,”
defendant repeats and realleges each and every denial and admission in answer to the paragraphs
of the complaint designated “1” through “93” with the same force and effect as if herein set forth
at length.
TWENTY-SIXTH: Denies the allegations contained in the paragraphs of the
complaint designated “95” and “97” through “99” insofar as the allegations pertain to the
answering defendant and otherwise denies knowledge or information sufficient to form a belief.
as to these allegations and begs leave to refer all questions of law to the court and all questions of
fact to the trier thereof.
TWENTY-SEVENTH: Denies knowledge or information sufficient to form a
beliefas to the allegations contained in the paragraph of the complaint designated “96” and
otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier
thereof.
AS AND TO THE FOURTH CAUSE OF ACTION
TWENTY-EIGHTH: Answering the paragraph of the complaint designated
“100,” defendant repeats and realleges each and every denial and admission in answer to the
paragraphs of the complaint designated “1” through “99” with the same force and effect as if
herein set forth at length.
1161283.1
TWENTY-NINTH: Denies knowledge or information sufficient to form a belief
as to the allegations contained in the paragraph of the complaint designated “101° and otherwise
begs leave to refer all questions of law to the court and all questions of fact to the trier thereof.
THIRTIETH: Denies the allegations contained in the paragraphs of the complaint
designated “102” through “104” insofar as the allegations pertain to the answering defendant and
otherwise denies knowledge or information sufficient to form a belief as to these allegations and
begs leave to refer all questions of law to the court and all questions of fact to the trier thereof.
FOR A FIRST DEFENSE
THIRTY-FIRST: Plaintiff is not a proper party plaintiff and this action is
therefore a nullity.
FOR A SECOND DEFENSE
THIRTY-SECOND: The party asserting the cause of action has no legal capacity
to sue and therefore the action is a nullity.
FOR A THIRD DEFENSE
THIRTY-THIRD: That this action was not commenced against defendant until
after the expiration of the time period specified in the applicable statute of limitations and any
recovery based on the alleged causes of action herein is barred.
FOR A FOURTH DEFENSE
PHIRTY-FOURTH: That whatever damages may have been sustained at the time
and place alleged in the complaint by plaintiff, plaintiff's decedent and/or decedent’s distributees
were caused, in whole or in part, by the culpable conduct of plaintiff, plaintiff's decedent and/or
decedent’s distributes and without any negligence on the part of defendant. Damages, if any,
are to be diminished proportionally to the culpable conduct of the plaintiff, plaintiffs decedent
and/or decedent’s distributees.
1161283.1
FOR A FIFTH DEFENSE
THIRTY-FIFTH: The court does not have jurisdiction of the person of the
defendant because defendant was not properly served with a copy of the summons and
complaint.
FOR A SIXTH DEFENSE
THIRTY-SIXTH: That as to the cause of action set forth in the complaint based
upon alleged failure to obtain an informed consent, defendant pleads the defenses in Public
Health Law, Section 2805-d.
FOR A SEVENTH DEFENSE
THIRTY-SEVENTH: That the equitable share of liability, if any, of defendant
MONTEFIORE MEDICAL CENTER, shall be determined pursuant to the provisions of Article
16 of the CPLR.
FOR A EIGHTH DEFENSE
THIRTY-EIGHTH: That one or more of the causes of action in the complaint fail
to state a cause of action upon which relief may be granted.
FOR A NINTH DEFENSE
THIRTY-NINTH: This action is barred or defendant is entitled to a set-off
against any award herein as plaintiffs have previously recovered sums for all or part of the
damages claimed herein.
FOR A TENTH DEFENSE
FORTIETH: Plaintiff has failed to mitigate her alleged damages claimed herein.
1161283.1
FOR A ELEVENTH DEFENSE
FORTY-FIRST: The amount of alleged damages claimed by plaintiff should be
reduced pursuant to CPLR § 4545 to the extent of any collateral source benefits, remuneration or
compensation received.
WHEREFORE, defendant MONTEFIORE MEDICAL CENTER demands
judgment dismissing the complaint herein, together with the costs and disbursements of this
action,
Dated: New York, New York
January 21, 2014
Yours, etc.
HEIDELL, PITTONI, MURPHY & BACH, LLP
Attorneys for Defendant
MONTEFIORE MEDICAL CENTER s/h/a
“MONTEFIORE MEDICAL CENER, MONTEFIORE
WAKEFIELD CAMPUS and JACK D. WEILER
HOSPITAL”
Office & P.O. Address
99 Park Avenue
New York, New York 10016
(212) 286-8585
TO: Joseph C. Muzio, Esq.
Silberstein, Awad & Miklos, P.C.
Attorneys for Plaintiff
600 Old Country Road
Garden City, New York 11530
(S16) 832-7777
1161283.1
VERIFICATION
1, the undersigned, an attorney admitted to practice law in the Courts of New York
State, state that I am JAMES NAVARRO, an Associate of the firm of HEIDELL, PITTONI,
MURPHY & BACH, LLP, the attorneys of record for defendant MONTEFIORE MEDICAL
CENTER s/h/a “MONTEFIORE MEDICAL CENER, MONTEFIORE WAKEFIELD CAMPUS
AND JACK D. WEILER HOSPITAL”; that I have read the foregoing ANSWER and know the
contents thereof; the same is true to my own knowledge, except as to the matters therein stated to
be alleged upon information and belief, and as to those matters I believe them to be true.
The reason this verification is made by me and not by defendant, is because
defendant MONTEFIORE MEDICAL CENTER s/h/a “MONTEFIORE MEDICAL CENER,
MONTEFIORE WAKEFIELD CAMPUS AND JACK D. WEILER HOSPITAL”, is not present
within the County of New York which is where this attorney maintains her office.
The grounds of my belief as to all matters not stated upon my own knowledge are
as follows:
Papers and records of said defendant.
| affirm that the foregoing statements are true, under the penalties of perjury.
Dated: New York, New York
January 21, 2014
_—
Y
JAMES NAVARRO
1161283.1
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INDEX NO. 24553/2013E (FILED: BRONX COUNTY CLERK 0172772014) NYSCEF DOC. NO. 19 RECEIVED NYSCEF 01/27/2014 SUPREME COURT OF THE STATE OF NEW YORK Ol Y OF BRONX ane. iene nn nnn enn nner meen eenenee SHERRY PICCHIONI as Administratrix of the Estate of RODERICK PICCHIONL, deceased, and SHERRY PICCHIONI, Individually, Plaintiff, Index No.: 24553/2013E - against - VERIFIED ANSWER ANTONIO FOJAS, RUMANA SABUR, RICHARD LUCARIELLO, MAHIRE OZCAN, NOAH KORNBLUM, VINDHYA KATPALLY, TYLIS CHANG, RONALD LIS, NEJAT KIYICI, NANDITA SINHA, PRAKASHCHANDRA RAO, JUDAH FIERSTEIN, MICHAEL ADER, RASHAM MITTAL STEFA MADAJEWICZ, SHARON LEUNG, TAREK ELRAFEL, MANOJ KARWA, MONTEFIORE MEDICAL CENTER, MONTEFIORE WAKEFIELD CAMPUS and JACK D. WEILER HOSPITAL, Defendants. nn ene een en nen enneneeneneennnnnennneeneneen, Defendant MONTEFIORE MEDICAL CENTER s/h/a “MONTEFIORE MEDICAL CENTER, MONTEFIORE WAKEFIELD CAMPUS AND JACK D. WEILER HOSPITAL”, by its attorneys, HEIDELL, PITTONI, MURPHY & BACH, LLP, upon information and belief, answers the Verified Complaint herein as follows: AS AND TO THE FIRST CAUSE OF ACTION FIRST: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraph of the complaint designated “1” and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. SECOND: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “2” through “10”, except admits that at certain times not specifically set forth in the complaint, MONTEFIORE 1161283.1 MEDICAL CENTER was located in part at 111 E. 210" Street, Bronx, New York and that at certain times not specifically set forth in the complaint, certain professional services were provided to and for plaintiffs decedent in accordance with accepted standards of medical care and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. THIRD: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “11” through “14”, except admits that at certain times not specifically set forth in the complaint, defendant ANTONIO FOJAS, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. FOURTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “15” through “18”, except admits that at certain times not specifically set forth in the complaint, defendant RUMANA SABUR, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. FIFTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “19” through “22”, except admits that at certain times not specifically set forth in the complaint, defendant RICHARD LUCARIELLO, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. SIXTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “23” through “26”, except admits that at certain times not specifically set forth in the complaint, defendant MAHIRE 1161283.1 OZCAN, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. SEVENTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “27” through “30”, except admits that at certain times not specifically set forth in the complaint, defendant NOAH KORNBLUM, M_D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. EIGHTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “31” through “34”, except admits that at certain times not specifically set forth in the complaint, defendant VINDHYA KATPALLY, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. NINTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “35” through “38”, except admits that at certain times not specifically set forth in the complaint, defendant TYLIS CHANG, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. TENTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “39” through “42”, except admits that at certain times not specifically set forth in the complaint, defendant RONALD LIS. M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. 1161283.1 ELEVENTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “43” through “46”, except admits that at certain times not specifically set forth in the complaint, defendant NEJAT KIYICI, M.D. was associated with MONTEFIORE MEDICAL CENTER, and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. TWELFTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “47” through “50”, except admits that at certain times not specifically set forth in the complaint, defendant NANDITA SINHA, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. THIRTEENTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “51” through “$4”, except admits that at certain times not specifically set forth in the complaint, defendant PRAKASHCHANDRA RAO, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. FOURTEENTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “55” through “58”, except admits that at certain times not specifically set forth in the complaint, defendant JUDAH FIERSTEIN, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. FIFTEENTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “59” through “62 1161283.1 except admits that at certain times not specifically set forth in the complaint, defendant MICHAEL ADER, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. SIXTEENTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “63” through “66”, except admits that at certain times not specifically set forth in the complaint, defendant RASHAM MITTAL, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. SEVENTEENTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “67” through “70”, except admits that at certain times not specifically set forth in the complaint, defendant STEFAN MADAJEWICZ, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. EIGHTEENTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “71” through “74”, except admits that at certain times not specifically set forth in the complaint, defendant SHARON LEUNG, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. NINETEENTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “75” through “78”, 161283. except admits that at certain times not specifically set forth in the complaint, defendant NEJAT KIYICI, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof, TWENTIETH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “79” through “82” and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. TWENTY-FIRST: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the complaint designated “83” through “86”, except admits that at certain times not specifically set forth in the complaint, defendant MANOJ KARWA, M.D. was associated with MONTEFIORE MEDICAL CENTER and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. TWENTY-SECOND: Denies the allegations contained in the paragraphs of the complaint designated “87” through “90” insofar as the allegations pertain to the answering defendant and otherwise denies knowledge or information sufficient to form abelief as to these allegations and begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. AS AND TO THE SECOND CAUSE OF ACTION TWENTY-THIRD: Answering the paragraph of the complaint designated “91,” defendant repeats and realleges each and every denial and admission in answer to the paragraphs of the complaint designated “1” through “90” with the same force and effect as if herein set forth at length. TWENTY-FOURTH: Denies the allegations contained in the paragraphs of the complaint designated “92” and “93” insofar as the allegations pertain to the answering defendant 1161283.1 and otherwise denies knowledge or information sufficient to form a belief as to these allegations and begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. AS AND TO THE THIRD CAUSE OF ACTION TWENTY-FIFTH: Answering the paragraph of the complaint designated “94,” defendant repeats and realleges each and every denial and admission in answer to the paragraphs of the complaint designated “1” through “93” with the same force and effect as if herein set forth at length. TWENTY-SIXTH: Denies the allegations contained in the paragraphs of the complaint designated “95” and “97” through “99” insofar as the allegations pertain to the answering defendant and otherwise denies knowledge or information sufficient to form a belief. as to these allegations and begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. TWENTY-SEVENTH: Denies knowledge or information sufficient to form a beliefas to the allegations contained in the paragraph of the complaint designated “96” and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. AS AND TO THE FOURTH CAUSE OF ACTION TWENTY-EIGHTH: Answering the paragraph of the complaint designated “100,” defendant repeats and realleges each and every denial and admission in answer to the paragraphs of the complaint designated “1” through “99” with the same force and effect as if herein set forth at length. 1161283.1 TWENTY-NINTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraph of the complaint designated “101° and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. THIRTIETH: Denies the allegations contained in the paragraphs of the complaint designated “102” through “104” insofar as the allegations pertain to the answering defendant and otherwise denies knowledge or information sufficient to form a belief as to these allegations and begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. FOR A FIRST DEFENSE THIRTY-FIRST: Plaintiff is not a proper party plaintiff and this action is therefore a nullity. FOR A SECOND DEFENSE THIRTY-SECOND: The party asserting the cause of action has no legal capacity to sue and therefore the action is a nullity. FOR A THIRD DEFENSE THIRTY-THIRD: That this action was not commenced against defendant until after the expiration of the time period specified in the applicable statute of limitations and any recovery based on the alleged causes of action herein is barred. FOR A FOURTH DEFENSE PHIRTY-FOURTH: That whatever damages may have been sustained at the time and place alleged in the complaint by plaintiff, plaintiff's decedent and/or decedent’s distributees were caused, in whole or in part, by the culpable conduct of plaintiff, plaintiff's decedent and/or decedent’s distributes and without any negligence on the part of defendant. Damages, if any, are to be diminished proportionally to the culpable conduct of the plaintiff, plaintiffs decedent and/or decedent’s distributees. 1161283.1 FOR A FIFTH DEFENSE THIRTY-FIFTH: The court does not have jurisdiction of the person of the defendant because defendant was not properly served with a copy of the summons and complaint. FOR A SIXTH DEFENSE THIRTY-SIXTH: That as to the cause of action set forth in the complaint based upon alleged failure to obtain an informed consent, defendant pleads the defenses in Public Health Law, Section 2805-d. FOR A SEVENTH DEFENSE THIRTY-SEVENTH: That the equitable share of liability, if any, of defendant MONTEFIORE MEDICAL CENTER, shall be determined pursuant to the provisions of Article 16 of the CPLR. FOR A EIGHTH DEFENSE THIRTY-EIGHTH: That one or more of the causes of action in the complaint fail to state a cause of action upon which relief may be granted. FOR A NINTH DEFENSE THIRTY-NINTH: This action is barred or defendant is entitled to a set-off against any award herein as plaintiffs have previously recovered sums for all or part of the damages claimed herein. FOR A TENTH DEFENSE FORTIETH: Plaintiff has failed to mitigate her alleged damages claimed herein. 1161283.1 FOR A ELEVENTH DEFENSE FORTY-FIRST: The amount of alleged damages claimed by plaintiff should be reduced pursuant to CPLR § 4545 to the extent of any collateral source benefits, remuneration or compensation received. WHEREFORE, defendant MONTEFIORE MEDICAL CENTER demands judgment dismissing the complaint herein, together with the costs and disbursements of this action, Dated: New York, New York January 21, 2014 Yours, etc. HEIDELL, PITTONI, MURPHY & BACH, LLP Attorneys for Defendant MONTEFIORE MEDICAL CENTER s/h/a “MONTEFIORE MEDICAL CENER, MONTEFIORE WAKEFIELD CAMPUS and JACK D. WEILER HOSPITAL” Office & P.O. Address 99 Park Avenue New York, New York 10016 (212) 286-8585 TO: Joseph C. Muzio, Esq. Silberstein, Awad & Miklos, P.C. Attorneys for Plaintiff 600 Old Country Road Garden City, New York 11530 (S16) 832-7777 1161283.1 VERIFICATION 1, the undersigned, an attorney admitted to practice law in the Courts of New York State, state that I am JAMES NAVARRO, an Associate of the firm of HEIDELL, PITTONI, MURPHY & BACH, LLP, the attorneys of record for defendant MONTEFIORE MEDICAL CENTER s/h/a “MONTEFIORE MEDICAL CENER, MONTEFIORE WAKEFIELD CAMPUS AND JACK D. WEILER HOSPITAL”; that I have read the foregoing ANSWER and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe them to be true. The reason this verification is made by me and not by defendant, is because defendant MONTEFIORE MEDICAL CENTER s/h/a “MONTEFIORE MEDICAL CENER, MONTEFIORE WAKEFIELD CAMPUS AND JACK D. WEILER HOSPITAL”, is not present within the County of New York which is where this attorney maintains her office. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: Papers and records of said defendant. | affirm that the foregoing statements are true, under the penalties of perjury. Dated: New York, New York January 21, 2014 _— Y JAMES NAVARRO 1161283.1