Preview
(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
Preview
(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