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  • Sherry Picchioni As Administratrix Of The Estate Of Roderick Picchioni, Sherry Picchioni Individually v. 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, Stefan Madajewicz, Sharon Leung, Tarek Elrafei, Manoj Karwa, Montefiore Medical Center, Montefiore Wakefield Campus, Jack D. Weiler Hospital Medical Malpractice document preview
  • Sherry Picchioni As Administratrix Of The Estate Of Roderick Picchioni, Sherry Picchioni Individually v. 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, Stefan Madajewicz, Sharon Leung, Tarek Elrafei, Manoj Karwa, Montefiore Medical Center, Montefiore Wakefield Campus, Jack D. Weiler Hospital Medical Malpractice document preview
  • Sherry Picchioni As Administratrix Of The Estate Of Roderick Picchioni, Sherry Picchioni Individually v. 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, Stefan Madajewicz, Sharon Leung, Tarek Elrafei, Manoj Karwa, Montefiore Medical Center, Montefiore Wakefield Campus, Jack D. Weiler Hospital Medical Malpractice document preview
  • Sherry Picchioni As Administratrix Of The Estate Of Roderick Picchioni, Sherry Picchioni Individually v. 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, Stefan Madajewicz, Sharon Leung, Tarek Elrafei, Manoj Karwa, Montefiore Medical Center, Montefiore Wakefield Campus, Jack D. Weiler Hospital Medical Malpractice document preview
  • Sherry Picchioni As Administratrix Of The Estate Of Roderick Picchioni, Sherry Picchioni Individually v. 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, Stefan Madajewicz, Sharon Leung, Tarek Elrafei, Manoj Karwa, Montefiore Medical Center, Montefiore Wakefield Campus, Jack D. Weiler Hospital Medical Malpractice document preview
  • Sherry Picchioni As Administratrix Of The Estate Of Roderick Picchioni, Sherry Picchioni Individually v. 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, Stefan Madajewicz, Sharon Leung, Tarek Elrafei, Manoj Karwa, Montefiore Medical Center, Montefiore Wakefield Campus, Jack D. Weiler Hospital Medical Malpractice document preview
  • Sherry Picchioni As Administratrix Of The Estate Of Roderick Picchioni, Sherry Picchioni Individually v. 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, Stefan Madajewicz, Sharon Leung, Tarek Elrafei, Manoj Karwa, Montefiore Medical Center, Montefiore Wakefield Campus, Jack D. Weiler Hospital Medical Malpractice document preview
  • Sherry Picchioni As Administratrix Of The Estate Of Roderick Picchioni, Sherry Picchioni Individually v. 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, Stefan Madajewicz, Sharon Leung, Tarek Elrafei, Manoj Karwa, Montefiore Medical Center, Montefiore Wakefield Campus, Jack D. Weiler Hospital Medical Malpractice document preview
						
                                

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(FILED: BRONX COUNTY CLERK 0172772014) INDEX NO. 24553/2013E NYSCEF DOC. NO. 25 RECEIVED NYSCEF 01/27/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX aa nee ne SHERRY PICCHIONI as Administratrix of the Estate of RODERICK PICCHIONI, 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 Ss FA MADAJEWICZ, SHARON LEUNG, TAREK ELRAFEL, MANOJ KARWA, MONTEFIORE MEDICAL CENTER, MONTEFIORE WAKEFIELD CAMPUS and JACK D. WEILER HOSPITAL, Defendants. enn nnn nennn nme enn nnn ceneene renee n nenenenmenene Defendant NOAH KORNBLUM, M.D. s/h/a “NOAH KORNBLUM”, by his 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 “86”, except admits that at certain times not specifically set forth in the complaint, the answering defendant 1162142.1 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. THIRD: 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 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 SECOND CAUSE OF ACTION FOURTH: 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. FIFTH: Denies the allegations contained in the paragraphs of the complaint designated “92” and “93” 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. AS AND TO THE THIRD CAUSE OF ACTION SIXTH: 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. SEVENTH: 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 11621421 allegations and 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 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 NINTH: 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. TENTH: 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. ELEVENTH: 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 TWELFTH: Plaintiff is not a proper party plaintiff and this action is therefore a nullity. FOR A SECOND DEFENSE THIRTEENTH: The party asserting the cause of action has no legal capacity to sue and therefore the action is a nullity. 1162142.) FOR A THIRD DEFENSE FOURTEENTH: 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 FIFTEENTH: That whatever damages may have been sustained at the time and place alleged in the complaint by plaintiff, plaintiff's decedent and/or deceden t’s distributees were caused, in whole or in part, by the culpable conduct of plaintiff, plaintiff's decedent and/or decedent's distributees and without any negligence on the part of defenda nt. Damages, if any, are to be diminished proportionally to the culpable conduct of the plaintiff, plaintiff's decedent and/or decedent’s distributes. FOR A FIFTH DEFENSE SIXTEENTH: The court does not have jurisdiction of the person of the defendant because defendant was not properly served with a copy of the summon s and complaint. FOR A SIXTH DEFENSE SEVENTEENTH: 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 EIGHTEENTH: That the equitable share of liability, if any, of defendant NOAH KORNBLUM, M.D. s/h/a “NOAH KORNBLUM” shall be determined pursuant to the provisions of Article 16 of the CPLR. 1162142.1 FOR A EIGHTH DEFENSE NINETEENTH: 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 TWENTIETH: 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 TWENTY-FIRST: Plaintiff has failed to mitigate her alleged damages claimed herein. FOR A ELEVENTH DEFENSE TWENTY-SECOND: 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 NOAH KORNBLUM, M.D. s/h/a “NOAH KORNBLUM” 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 NOAH KORNBLUM, M.D. s/h/a “NOAH KORNBLUM” Office & P.O. Address 99 Park Avenue New York, New York 10016 (212) 286-8585 1162142.1 TO: Joseph C. Muzio, Esq. Silberstein, Awad & Miklos, P.C Attorneys for Plaintiff 600 Old Country Road Garden City, New York 11530 (516) 832-7777 1162142.1 VERIFICATION I, the undersigned, an attorney admitted to practice law in the Courts of New York State, state that Il am JAMES NAVARRO, an Associate of the firm of HEIDELL, PITTONI, MURPHY & BACH, LLP, the attorneys of record for defendant NOAH KORNBLUM, M.D. s/h/a “NOAH KORNBLUM”: 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 NOAH KORNBLUM, M.D. s/h/a “NOAH KORNBLUM” 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 knowled ge are as follows: Papers and records of said defendant. L affirm that the foregoing statements are true, under the penalties of perjury. Dated: New York, New York January 21, 2014 - — ane oe - —— JAMES NAVARRO 1162142.1