Preview
(FILED: COUNTY CLERK 0470472013)
NYSCEF DOC.
- 6 RECEIVED NYSCEF: 04/04,
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
een ence ecce cence cneeenenecnennnecnnetanneenntennenne X Index No. 2055/2013
JASMIN RIVERA, individually and as co-
Administrator of the Estate of JUAN VARGAS, and VERIFIED ANSWER
ROBERT VARGAS, individually and as co-
Administrator of the Estate of JUAN VARGAS,
Plaintiffs,
- against -
NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION, LINCOLN HOSPITAL, LINCOLN
MEDICAL AND MENTAL HEALTH CENTER, THE
CITY OF NEW YORK, JOSEPH TUVIA, M.D.,
CAROLINE HWANG, M.D., HUSAYN J. AL-HUSAYNI,
M.D., MATSUKO TAKESHIGE, M.D. and
CHIKERE KANU, M.D., “JOHN DOES NUMBERED
“4-5” (the names being fictitious, as their identities
are presently unknown), & “JANE DOES NUMBERS
“4-5” (the names being fictitious, as their identities
are presently unknown),
Defendants.
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Defendant, CHIKERE KANU, M.D. by his attorneys, SCHIAVETTI
CORGAN, DiEDWARDS, WEINBERG & NICHOLSON, LLP, answers the plaintiffs
verified complaint, upon information and belief as follows:
AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION
1. Denies each and every allegation set forth in paragraph designated “1” o
the verified complaint in except begs leave to refer all issues of law to this Honorable Cour!
and all questions of fact to a trial therein.
INDEX NO. 20555/2013E
20132. Denies each and every allegation set forth in paragraphs designated “2” and
“3” of the verified complaint in the form alleged except admits New York City Health And
Hospitals Corporation is a municipal corporation existing under New York law
3. Denies each and every allegation set forth in paragraphs designated “4”, “5,
“6”, “7”, “8”, “9”, “10", “11, “12”, “13”, "14", “15”, “16", “17”, “18, “19”, “20”, “21”, “22”, “23”,
“24”, “25”, “26”, “27”, “28”, “29” and “40” of the verified complaint in the form alleged
except begs leave to refer all issues of law to this Honorable Court and all questions of fact
to a trial therein.
4. Denies any knowledge or information thereof sufficient to form a belief as
to the allegations set forth in paragraphs designated “30, “31”, “32”, “33”, “34”, “35”,
“36", “37”, “38”, “42”, “43”, “47”, “48”, “49”, “50”, “51”, “52”, “53” and “54” of the verified
complaint except begs leave to refer all issues of law to this Honorable Court and all
questions of fact to a trial therein.
5. Denies each and every allegation set forth in paragraph designated “39”,
“41”, "44", “45”, “46”, “55” and “56” of the verified complaint.
AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION
6. Repeats and reiterates each and every admission and denial to the
allegations set forth in paragraphs “1” through “56 of the complaint with the same force
and effect as if herein set forth at length in answer to the allegations set forth in paragraph
“57” of the complaint.
7. Denies each and every allegation set forth in paragraphs designated “58”,
“59”, “64”, “65” and “66” of the verified complaint.8. Denies each and every allegation set forth in paragraph designated “60” of
the verified complaint in the form alleged.
9. Denies each and every allegation set forth in paragraphs designated “61”,
“62” and “63” of the verified complaint in the form alleged except begs leave to refer all
issues of law to this Honorable Court and all questions of fact to a trial therein.
AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION
10. Repeats and reiterates each and every admission and denial to the
allegations set forth in paragraphs “1” through “66” of the complaint with the same force
and effect as if herein set forth at length in answer to the allegations set forth in paragraph
“67” of the complaint.
11. | Denies each and every allegation set forth in paragraphs designated “68”,
“69”, “70” and “71” of the verified complaint.
AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION
12. Repeats and reiterates each and every admission and denial to the
allegations set forth in paragraphs “1” through “71” of the complaint with the same force
and effect as if herein set forth at length in answer to the allegations set forth in paragraph
“72” of the complaint.
13. Denies each and every allegation set forth in paragraphs designated “73”,
“75” and “76” of the verified complaint.
14. | Denies any knowledge or information thereof sufficient to form a belief as to
the allegations set forth in paragraph designated “74” of the verified complaint.14. Denies any knowledge or information thereof sufficient to form a belief as to}
the allegations set forth in paragraph designated “74” of the verified complaint.
AS AND FOR AN ANSWER TO THE FIFTH CAUSE OF ACTION
15. Repeats and reiterates each and every admission and denial to the
allegations set forth in paragraphs “1” through “76” of the complaint with the same force|
and effect as if herein set forth at length in answer to the allegations set forth in paragraph
“77” of the complaint.
16. Denies any knowledge or information thereof sufficient to form a belief as to,
the allegations set forth in paragraphs designated “78”, “79” and “80” of the verifie
complaint.
17. Denies each and every allegation set forth in paragraph designated “81” o'
the verified complaint in the form alleged.
18. Denies each and every allegation set forth in paragraphs designated “82”,
‘83” and “84” of the verified complaint.
AS AND FOR AN ANSWER TO THE SIXTH CAUSE OF ACTION
19. Repeats and reiterates each and every admission and denial to the
allegations set forth in paragraphs “1” through “84” of the complaint with the same force
and effect as if herein set forth at length in answer to the allegations set forth in paragrap!
“85” of the complaint.
20. Denies each and every allegation set forth in paragraphs designated
“86”,"87” and “88” of the verified complaint.AS AND FOR AN ANSWER TO THE SEVENTH CAUSE OF ACTION
21. Repeats and reiterates each and every admission and denial to the
allegations set forth in paragraphs “1” through “88” of the complaint with the same force!
and effect as if herein set forth at length in answer to the allegations set forth in paragraph
“89” of the complaint.
22. Denies each and every allegation set forth in paragraphs designated “90”
and “91” of the verified complaint.
AS AND FOR A FIRST, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE
OR CAUSES OF ACTION IN THE COMPLAINT OF THE
PLAINTIFFS, THE DEFENDANT ALLEGES:
23. That the alleged causes of action of the plaintiff, as stated in the complaint;
are time-barred in that this action was not commenced within the period of the applicable
Statute of Limitations
AS AND FOR A SECOND, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE
OR CAUSES OF ACTION IN THE COMPLAINT OF THE
PLAINTIFFS, THE DEFENDANT ALLEGES:
24. That the alleged causes of action for wrongful death, as stated in the
plaintiffs complaint, are time-barred in that this action was not commenced within two (2
years after decedent's death.25.
complaint herein, were caused in whole or in part by the comparative negligence, faull
and/or want of care of the plaintiff and the amount of damages awarded herein, if any,
should be denied or diminished in proportion to the amount of said culpable conduct and
negligence of plaintiff.
26.
be granted.
27.
pursuant to Article 16 of the CPLR, for any recovery herein by the plaintiff for non:
economic loss.
AS AND FOR A THIRD, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE
OR CAUSES OF ACTION IN THE COMPLAINT OF THE
PLAINTIFFS, THE DEFENDANT ALLEGES:
That any injuries sustained or suffered by the plaintiff, as stated in the
AS AND FOR A FOURTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE
OR CAUSES OF ACTION IN THE COMPLAINT OF THE
PLAINTIFFS, THE DEFENDANT ALLEGES:
That the plaintiffs have failed to state a cause of action upon which relief can
AS AND FOR A FIFTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE
OR CAUSES OF ACTION IN THE COMPLAINT OF THE
PLAINTIFFS, THE DEFENDANT ALLEGES:
The answering defendant reserves the right to claim the limitations of liabilitAS AND FOR A SIXTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE
OR CAUSES OF ACTION IN THE COMPLAINT OF THE
PLAINTIFFS, THE DEFENDANT ALLEGES:
28. In the event of the release and payment of any other defendant, that the!
amount of any verdict against answering defendant shall be reduced pursuant to General
Obligations Law Section 15-108.
AS AND FOR AN SEVENTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE
OR CAUSES OF ACTION IN THE COMPLAINT OF THE
PLAINTIFFS, THE DEFENDANT ALLEGES:
29. As aresult of the foregoing, should the answering defendant be held liable i
this action, which liability is expressly denied, said defendant shall be entitled to judgmen
over the Party Opponents for contribution based upon fault in accordance with CPLR
Article 14.
AS AND FOR AN EIGHTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE
OR CAUSES OF ACTION IN THE COMPLAINT OF THE
PLAINTIFFS, THE DEFENDANT ALLEGES:
=
30. | The damages alleged herein were caused or contributed in part, by reason
oO
the culpable conduct of plaintiff and by reason thereof, pursuant to CPLR Article 14-A, thi
recovery of the plaintiffs, if any, shall be reduced and diminished in proportion to th
w
plaintiffs’ respective culpability.WHEREFORE, the defendant demands judgment dismissing the complaint of the
plaintiffs herein together with the costs and disbursements of this action.
Dated: New York, New York
April 4, 2013
TO: CONDE & GLASER, LLP
Attorneys for Plaintiffs
305 Broadway, Suite 801
New York, New York 10007
(212) 385-9300
UPON INFORMATION AND BELIEF, DEFENDANTS THE CITY OF NEW YORK,
JOSEPH TUVIA, M.D., CAROLINE HWANG, M.D., HUSAYN J. AL-HUSAYNI, M.D.,
“JOHN DOES NUMBERED “1-5'
presently unknown), & JANE DOES NUMBERED “1-5” (the names being fictitious, as thein
identities are presently unknown) HAVE NOT YET APPEARED.
Yours, etc.
SCHIAVETTI, CORGAN, DiIEDWARDS,
NICHOLSON, LLP
p Y C. VILLA
Defendant
CHIKERE KANU, M.D.
Office and P.O. Address
575 Eighth Avenue, 14" Floor
New York, New York 10018
(212) 541-9100
” (the names being fictitious, as their identities areATTORNEY VERIFICATION
SUHLAIL C. VILLA, an attorney duly admitted to practice in the State of New York,
states the following under the penalties of perjury:
That | am associated with the firm of SCHIAVETTI, CORGAN, DiEDWARDS
WEINBERG & NICHOLSON, LLP, the attorneys for the defendant, CHIKERE KANU, M.D
in this action, that | have read the foregoing ANSWER and know the contents thereof, that
the same is true to my knowledge except as to the matters therein stated to be allege
upon information and belief, and as to these matters | believe them to be true.
Affirmant further states that the reason this verification is made by me and not b
the defendant is that the defendant CHIKERE KANU, M.D. does not have his principa
place of business within the County of New York where SCHIAVETTI, CORGAN
DiEDWARDS WEINBERG & NICHOLSON, LLP, has their office.
All matters herein stated upon information and belief are based upon affirmant's file
correspondence and conversation with the defendant.
Dated: New York, New York
April 4, 2013 oo
{ SUHLAIL ©. VILLA
C IL C.SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
JASMIN RIVERA, individually and as co-
Administrator of the Estate of JUAN VARGAS, and
ROBERT VARGAS, individually and as co-
Administrator of the Estate of JUAN VARGAS,
Plaintiffs,
- against -
NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION, LINCOLN HOSPITAL, LINCOLN
MEDICAL AND MENTAL HEALTH CENTER, THE
CITY OF NEW YORK, JOSEPH TUVIA, M.D.,
CAROLINE HWANG, M.D., HUSAYN J. AL-HUSAYNI,
M.D., MATSUKO TAKESHIGE, M.D. and
CHIKERE KANU, M.D., “JOHN DOES NUMBERED
“4-5” (the names being fictitious, as their identities
are presently unknown), & “JANE DOES NUMBERS
“4-5” (the names being fictitious, as their identities
are presently unknown),
Defendants.
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COUNSELLORS:
PLEASE TAKE NOTICE, that pursuant to Section 3041, Rules 3042 and
3043 and Section 3044 of the Civil Practice Law and Rules, you are hereby required t
serve a verified bill of particulars as the defendant, CHIKERE KANU, M.D. upon th
undersigned within thirty (30) days after the receipt of this demand.
The term "plaintiff" herein is defined as any and all plaintiffs and/or decedents, as
applicable.
Index No. 20555/2013E
DEMAND FORA
VERIFIED BILL OF
PARTICULARSIn the event of your failure to comply with this demand for a verified bill of
particulars within that time, a motion will be made for an order precluding you from offering
any evidence on the causes of action alleged in the complaint concerning the following
items:
1. The date and times of day of each of the alleged negligent acts and/or
omissions which will be alleged and claimed against the answering defendant herein.
2. The exact location of each of the alleged negligent acts and/or omissions
charged against the answering defendant herein; if in a hospital, state in what part of the
said hospital each alleged negligent act took place.
3. (a) State the condition(s) which it is claimed this defendant undertook to treat}
and upon which plaintiffs complaint is based.
(b) State each and every act or omission which you will claim as the basis o
the alleged malpractice of the answering defendant herein;
(c) State the accepted customs, practices and medical standards which it is}
claimed were violated and departed from by answering defendant;
(d) State the manner in which it is claimed the answering defendan
departed from each of these customs, practices and medical standards.
4. If plaintiff will claim that the defendant ignored complaints, signs and/or
symptoms, made an erroneous diagnosis, afforded improper treatment, administere:
improper and/or contraindicated drugs, administered proper drugs in an incorrect dosage,
failed to take or administer tests, or improperly took and administered tests, state:
(a) | The complaints, signs and/or symptoms that the answering defendani
ignored.
(b) In what respect the diagnosis by the defendant was erroneous and
incorrect, what the claimed correct diagnosis should have been and the point in time tha
the plaintiff will claim this answering defendant should have made the correct diagnosis.
(c) | The name of each and every improper and/or contraindicated drug, i
any, and the name of the defendant prescribing same.
(d) | The name of each drug allegedly administered incorrectly with the
dosage that plaintiff will claim was the correct dosage.
we(e) The name and/or description of each and every test answering
defendant failed to take or administer.
(f) The name of each and every test this answering defendant
improperly took or administered at, and the manner which each such test was improperly
taken or administered.
5. If plaintiff will claim that the defendant improperly performed a surgical
procedure or procedures, or performed a surgical procedure that was contraindicated
and/or unnecessary, or failed to perform a required surgical procedure, state:
(a) The name of the improperly performed, contraindicated or
unnecessary surgical procedure and the date when it was performed.
(b) In what manner was the aforesaid surgical procedure improperly
performed.
(c) Describe the procedure which should have been performed and
which the defendant failed to perform.
6. If there are any claims of vicarious liability against the answering defendant
herein, state the names of each and every person who performed the acts or failed to act.
If the names are not known, describe them by physical appearances or occupations with
sufficient clarity to make ready identification.
7. Set forth the names and section of the statutes, laws, ordinances, etc. it will
be claimed the defendant violated.
8. If it is claimed that the defendant herein breached a warranty, state whether,
the warranty was oral or in writing; if written, attach a copy thereof; state when, where and)
by whom it was made and set forth the particulars thereof.
9. If it is alleged that the answering defendant breached a contractual obligation,
state whether the contract alleged in the complaint herein is claimed to be in writing, on
oral; if in writing set forth a true and exact copy; if oral, state when it was made, with whom
it was made and the substance of the agreement. If it was claimed to be partly written and)
partly oral, set forth an exact copy of that portion which is in writing and the substance o
that part claimed to be oral.
10. (a) State each procedure, operation or treatment performed by,
defendant for which it is claimed said defendant failed to disclose sufficient information to
enable plaintiff to give an informed consent.For each such procedure, operation or treatment:
(b) State what risks were known to the plaintiff prior to said treatment,
operation or procedure;
(c) State what benefits were known to the plaintiff prior to said treatment!
operation or procedure.
(d) State the circumstances making it reasonably possible for the!
defendant to obtain consent by or on behalf of the plaintiff.
(e) State what additional information, if any, the defendant should have’
provided concerning the treatment, operation or procedure.
11. (a) With respect to the treatment rendered by the answering defendant
for which there is a claim of lack of informed consent, state the risks which plaintiff claims)
should have been disclosed;
|
(b) If it is claimed that plaintiff would not have undergone a particular,
procedure, state what alternative treatment, procedure or operation plaintiff claims were
available to him/her.
12. State the first and last dates on which it is claimed that this answering
defendant treated or advised the plaintiff herein for the conditions complained of.
13. (a) State the injuries the plaintiff suffered as the result of the alleged
negligence and/or malpractice of the answering defendant herein.
(b) State which injuries plaintiff will claim to be permanent.
14. State whether or not the plaintiff has made any other claims for the same on
similar injuries as are claimed herein, and if so, against whom such claim has been made,
the status of such claim, and if litigation was brought or is pending, the Court in which the
action was commenced, the index number and calendar number, if any, assigned thereto.
15. State the length of time plaintiff was confined to each of the following b
virtue of the acts or omissions of the answering defendant herein, and set forth the dates
of confinement for each.
(a) Bed;
(b) House;
(c) Hospital;(d) Nursing Home or other rehabilitative institution;
(e) — Other.
16. State separately the amounts claimed by the plaintiff as special damages for;
each of the following (provide name and address of each provider referred to with specific
amount claimed):
(a) Physicians’ services;
(b) Nurses’ services;
(c) Medical supplies;
(d) Hospital expenses, with the names and addresses of all hospitals,
and dates of admission and discharge for each hospital;
(e) Loss of earnings (giving names and addresses of employers). State’
the manner in which plaintiff's claim for loss of earnings was calculated;
(f) Any other expenses.
17. If plaintiff received reimbursement or indemnification for any of the special |
damages set forth in response to item number "16" above, or if payment of such bills o1
damages was made on the plaintiff's behalf, state:
(a) | The amounts for which the plaintiff was reimbursed or indemnified, on
payment of which was made on plaintiff's behalf;
(b) The services for which such amounts were reimbursed of
indemnified, or for which payment was made on plaintiff's behalf;
(c) The source or sources of such reimbursement, indemnification o
payment, including name, address and account number or identification number, i
applicable.
18. State the:
(a) Occupation of the plaintiff;
(b) | Name and address of his/her employer; if self-employed, state be
address of his/her place of employment and the type of business or occupation in whic
he/she was engaged immediately prior to the occurrence;(c) The length of time plaintiff was unable to attend his/ner employment;
(d) The dates it is claimed plaintiff was totally disabled from employment
and the dates it is claimed plaintiff was partially disabled from employment;
(e) Plaintiff's average weekly earnings;
(f) The amount of money plaintiff was alleged to have earned during}
each of the five (5 years prior to the occurrence);
(g) | Other income the plaintiff was receiving and the sources thereof;
(h) | The amount of earnings the plaintiff was alleged to have lost as ai
result of the occurrence.
19. If it will be claimed that plaintiff lost profits from a business or enterprise as a
result of the defendant's negligence, state the following:
(a) | Name of business and address.
(b) Plaintiffs ownership, the capacity and interest in the business.
(c) State the amount of profits and/or revenues plaintiff claims were lost
as a result of defendant's negligence.
(d) State the amount of net profit recorded by the business in the two (2)
years prior to the alleged negligence.
20. (a) State the date and place of birth of each of the plaintiff(s).
(b) State the social security number(s) of each of the plaintiff(s).
21. State the residence address of each of the plaintiff(s).
(a) At the time that the cause(s) of the action arose:
(b) — At the present time.
22. With respect to pecuniary loss sustained by the next of kin as a result of the
death of the decedent, state:
(a) The names, addresses and dates of birth of the next of kin who,
received financial support from the deceased at the time of his/her death;(b) The specific amount received by each next of kin from the deceased
during the five-year period immediately prior to his/her death; state separately the amount)
received for each year and the approximate dates when each sum of money was allegedly)
paid to the next of kin of the deceased during the five-year period immediately prior to
his/her death;
(c) An itemized statement of all burial expenses;
(d) | Date and place of death of decedent.
(e) | The amount of pecuniary loss claimed to be sustained by each of the
decedent's next of kin.
23. Set forth the cause of death.
24. State whether an autopsy was performed.
25. State whether an autopsy was refused.
26. State whether any proceeding in connection with the decedent's death has
been commenced within the Surrogate's Court of the State of New York, and if so, set
forth any index number and/or calendar number applicable thereto.
27. In the event that the decedent was disabled at the time of his/her death, set
forth the date upon which the decedent was last employed, together the nature of his/he
employment, place of employment and the nature and cause of the disability.
28. Set forth the names, addresses and ages of all individuals living together with
the decedent at his/her residence at the time of decedent's death.
29. (a) If any of the claims of medical malpractice relate to the prescribing o!
a drug or medication, state:
1. The name(s) of each such drug or medication prescribed; |
2. The date(s) of each prescription;
3. The drugstore(s) where each prescription was filled;
4. The number of times each prescription was filled;
5. The prescription number of each prescription.(b) If any of the claims of medical malpractice relate to the
contraindicated ordering or failure to timely or properly administer a drug or medication,
state:
1. The trade and generic name(s) of each drug or medication
ordered or administered;
2. The date(s) of each order or administration;
3. The route of administration.
4. The route of administration it is alleged should have been
used.
5. The place where each drug or medication was ordered of,
administered;
6 The dosage(s) and number(s) of times each drug of
medication was ordered or administered;
7. The dosage(s) and number(s) of times each drug or
medication should have been administered.
8. In each instance, by whom said drug was said to have been!
prescribed, ordered or administered.
9. The type of therapy or intended effect it will be alleged that the
medication would have had if timely and properly administered.
10. How it will be alleged that the failure to timely and proper!
administer said drug or medication caused injury to the plaintiff.
30. If there is any claim for loss of services, specify:
(a) The services lost by the claimant as a consequence of the accident o1
occurrence.
(b) The dates in which the claimant was deprived of these services.
(c) Claimant's date and place of marriage.
31. State the full name(s), residence address(es) and social security number(s
of the mother and the father of the infant-plaintiff:(a) At the time that the cause(s) of the action arose;
(b) At the present time;
32. 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.
33. Where notice of a condition is a prerequisite, whether actual or constructive
notice is claimed.
34. If actual notice is claimed, a statement of when to whom and by whom it was
given.
35. State whether there are any liens as against any potential recovery in the
instant action. If so, set forth names and addresses of any lien holders and the amounts of
any such liens.
36. If exceptions to Article 16 of the CPLR are claimed to be applicable to this
action, state with particularity each exception, indicating the grounds and underlying basis
for each exception claimed.
Dated: New York, New York
April 4, 2013
Yours, etc.
SCHIAVETTI-CORGAN, DiEDWARDS,
WEINBERG & NICHOLSON, LLP
A, i.
By: Ng Ah
SUI AIL C. VILLA
Attorneys for Defendant
CHIKERE KANU, M.D.
Office and P.O. Address
575 Eighth Avenue, 14" Floor
New York, New York 10018
(212) 541-9100
TO: CONDE & GLASER, LLP
Attorneys for Plaintiffs
305 Broadway, Suite 801
New York, New York 10007
(212) 385-9300UPON INFORMATION AND BELIEF, DEFENDANTS THE CITY OF NEW YORK,
JOSEPH TUVIA, M.D., CAROLINE HWANG, M.D., HUSAYN J. AL-HUSAYNI, M.D.,
“JOHN DOES NUMBERED “1-5” (the names being fictitious, as their identities are
presently unknown), & JANE DOES NUMBERED “1-5” (the names being fictitious, as their
identities are presently unknown) HAVE NOT YET APPEARED.
10CERTIFICATION
| hereby certify that on April 4, 2013, | served the foregoing VERIFIED ANSWE!
AND DEMAND FOR A VERIFIED BILL OF PARTICULARS on behalf of CHIKER
KANU, M.D. as follows:
Electronically via the Electronic Court Filing System (ECF) and by sending one
true copy in a post-paid wrapper, in an official depository under to exclusive care an
custody of the U.S. Postal Service within New York State addressed to the following
persons at the last known address set forth below.
TO: CONDE & GLASER, LLP
Attorneys for Plaintiffs
305 Broadway, Suite 801
New York, New York 10007
(212) 385-9300
|
| am aware that if any of the foregoing statements made by me are willfully false, |
| am subject to punishment.
Dated: New York, New York
April 4, 2013
/s/ Suhlail C. Villa
SUHLAIL C. VILLA
UPON INFORMATION AND BELIEF, DEFENDANTS THE CITY OF NEW YORK
JOSEPH TUVIA, M.D., CAROLINE HWANG, M.D., HUSAYN J. AL-HUSAYNI, M.D.
“JOHN DOES NUMBERED “1-5” (the names being fictitious, as their identities are
presently unknown), & JANE DOES NUMBERED “1-5” (the names being fictitious, as theif
identities are presently unknown) HAVE NOT YET APPEARED
Preview
(FILED: COUNTY CLERK 0470472013) NYSCEF DOC. - 6 RECEIVED NYSCEF: 04/04, SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX een ence ecce cence cneeenenecnennnecnnetanneenntennenne X Index No. 2055/2013 JASMIN RIVERA, individually and as co- Administrator of the Estate of JUAN VARGAS, and VERIFIED ANSWER ROBERT VARGAS, individually and as co- Administrator of the Estate of JUAN VARGAS, Plaintiffs, - against - NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, LINCOLN HOSPITAL, LINCOLN MEDICAL AND MENTAL HEALTH CENTER, THE CITY OF NEW YORK, JOSEPH TUVIA, M.D., CAROLINE HWANG, M.D., HUSAYN J. AL-HUSAYNI, M.D., MATSUKO TAKESHIGE, M.D. and CHIKERE KANU, M.D., “JOHN DOES NUMBERED “4-5” (the names being fictitious, as their identities are presently unknown), & “JANE DOES NUMBERS “4-5” (the names being fictitious, as their identities are presently unknown), Defendants. eet nnn en nnnemnn nnn ee nnnnnnnnnnennnenemennnmnennnnnnnnn K Defendant, CHIKERE KANU, M.D. by his attorneys, SCHIAVETTI CORGAN, DiEDWARDS, WEINBERG & NICHOLSON, LLP, answers the plaintiffs verified complaint, upon information and belief as follows: AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION 1. Denies each and every allegation set forth in paragraph designated “1” o the verified complaint in except begs leave to refer all issues of law to this Honorable Cour! and all questions of fact to a trial therein. INDEX NO. 20555/2013E 20132. Denies each and every allegation set forth in paragraphs designated “2” and “3” of the verified complaint in the form alleged except admits New York City Health And Hospitals Corporation is a municipal corporation existing under New York law 3. Denies each and every allegation set forth in paragraphs designated “4”, “5, “6”, “7”, “8”, “9”, “10", “11, “12”, “13”, "14", “15”, “16", “17”, “18, “19”, “20”, “21”, “22”, “23”, “24”, “25”, “26”, “27”, “28”, “29” and “40” of the verified complaint in the form alleged except begs leave to refer all issues of law to this Honorable Court and all questions of fact to a trial therein. 4. Denies any knowledge or information thereof sufficient to form a belief as to the allegations set forth in paragraphs designated “30, “31”, “32”, “33”, “34”, “35”, “36", “37”, “38”, “42”, “43”, “47”, “48”, “49”, “50”, “51”, “52”, “53” and “54” of the verified complaint except begs leave to refer all issues of law to this Honorable Court and all questions of fact to a trial therein. 5. Denies each and every allegation set forth in paragraph designated “39”, “41”, "44", “45”, “46”, “55” and “56” of the verified complaint. AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION 6. Repeats and reiterates each and every admission and denial to the allegations set forth in paragraphs “1” through “56 of the complaint with the same force and effect as if herein set forth at length in answer to the allegations set forth in paragraph “57” of the complaint. 7. Denies each and every allegation set forth in paragraphs designated “58”, “59”, “64”, “65” and “66” of the verified complaint.8. Denies each and every allegation set forth in paragraph designated “60” of the verified complaint in the form alleged. 9. Denies each and every allegation set forth in paragraphs designated “61”, “62” and “63” of the verified complaint in the form alleged except begs leave to refer all issues of law to this Honorable Court and all questions of fact to a trial therein. AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION 10. Repeats and reiterates each and every admission and denial to the allegations set forth in paragraphs “1” through “66” of the complaint with the same force and effect as if herein set forth at length in answer to the allegations set forth in paragraph “67” of the complaint. 11. | Denies each and every allegation set forth in paragraphs designated “68”, “69”, “70” and “71” of the verified complaint. AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION 12. Repeats and reiterates each and every admission and denial to the allegations set forth in paragraphs “1” through “71” of the complaint with the same force and effect as if herein set forth at length in answer to the allegations set forth in paragraph “72” of the complaint. 13. Denies each and every allegation set forth in paragraphs designated “73”, “75” and “76” of the verified complaint. 14. | Denies any knowledge or information thereof sufficient to form a belief as to the allegations set forth in paragraph designated “74” of the verified complaint.14. Denies any knowledge or information thereof sufficient to form a belief as to} the allegations set forth in paragraph designated “74” of the verified complaint. AS AND FOR AN ANSWER TO THE FIFTH CAUSE OF ACTION 15. Repeats and reiterates each and every admission and denial to the allegations set forth in paragraphs “1” through “76” of the complaint with the same force| and effect as if herein set forth at length in answer to the allegations set forth in paragraph “77” of the complaint. 16. Denies any knowledge or information thereof sufficient to form a belief as to, the allegations set forth in paragraphs designated “78”, “79” and “80” of the verifie complaint. 17. Denies each and every allegation set forth in paragraph designated “81” o' the verified complaint in the form alleged. 18. Denies each and every allegation set forth in paragraphs designated “82”, ‘83” and “84” of the verified complaint. AS AND FOR AN ANSWER TO THE SIXTH CAUSE OF ACTION 19. Repeats and reiterates each and every admission and denial to the allegations set forth in paragraphs “1” through “84” of the complaint with the same force and effect as if herein set forth at length in answer to the allegations set forth in paragrap! “85” of the complaint. 20. Denies each and every allegation set forth in paragraphs designated “86”,"87” and “88” of the verified complaint.AS AND FOR AN ANSWER TO THE SEVENTH CAUSE OF ACTION 21. Repeats and reiterates each and every admission and denial to the allegations set forth in paragraphs “1” through “88” of the complaint with the same force! and effect as if herein set forth at length in answer to the allegations set forth in paragraph “89” of the complaint. 22. Denies each and every allegation set forth in paragraphs designated “90” and “91” of the verified complaint. AS AND FOR A FIRST, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE OR CAUSES OF ACTION IN THE COMPLAINT OF THE PLAINTIFFS, THE DEFENDANT ALLEGES: 23. That the alleged causes of action of the plaintiff, as stated in the complaint; are time-barred in that this action was not commenced within the period of the applicable Statute of Limitations AS AND FOR A SECOND, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE OR CAUSES OF ACTION IN THE COMPLAINT OF THE PLAINTIFFS, THE DEFENDANT ALLEGES: 24. That the alleged causes of action for wrongful death, as stated in the plaintiffs complaint, are time-barred in that this action was not commenced within two (2 years after decedent's death.25. complaint herein, were caused in whole or in part by the comparative negligence, faull and/or want of care of the plaintiff and the amount of damages awarded herein, if any, should be denied or diminished in proportion to the amount of said culpable conduct and negligence of plaintiff. 26. be granted. 27. pursuant to Article 16 of the CPLR, for any recovery herein by the plaintiff for non: economic loss. AS AND FOR A THIRD, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE OR CAUSES OF ACTION IN THE COMPLAINT OF THE PLAINTIFFS, THE DEFENDANT ALLEGES: That any injuries sustained or suffered by the plaintiff, as stated in the AS AND FOR A FOURTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE OR CAUSES OF ACTION IN THE COMPLAINT OF THE PLAINTIFFS, THE DEFENDANT ALLEGES: That the plaintiffs have failed to state a cause of action upon which relief can AS AND FOR A FIFTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE OR CAUSES OF ACTION IN THE COMPLAINT OF THE PLAINTIFFS, THE DEFENDANT ALLEGES: The answering defendant reserves the right to claim the limitations of liabilitAS AND FOR A SIXTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE OR CAUSES OF ACTION IN THE COMPLAINT OF THE PLAINTIFFS, THE DEFENDANT ALLEGES: 28. In the event of the release and payment of any other defendant, that the! amount of any verdict against answering defendant shall be reduced pursuant to General Obligations Law Section 15-108. AS AND FOR AN SEVENTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE OR CAUSES OF ACTION IN THE COMPLAINT OF THE PLAINTIFFS, THE DEFENDANT ALLEGES: 29. As aresult of the foregoing, should the answering defendant be held liable i this action, which liability is expressly denied, said defendant shall be entitled to judgmen over the Party Opponents for contribution based upon fault in accordance with CPLR Article 14. AS AND FOR AN EIGHTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE TO EACH AND EVERY CAUSE OR CAUSES OF ACTION IN THE COMPLAINT OF THE PLAINTIFFS, THE DEFENDANT ALLEGES: = 30. | The damages alleged herein were caused or contributed in part, by reason oO the culpable conduct of plaintiff and by reason thereof, pursuant to CPLR Article 14-A, thi recovery of the plaintiffs, if any, shall be reduced and diminished in proportion to th w plaintiffs’ respective culpability.WHEREFORE, the defendant demands judgment dismissing the complaint of the plaintiffs herein together with the costs and disbursements of this action. Dated: New York, New York April 4, 2013 TO: CONDE & GLASER, LLP Attorneys for Plaintiffs 305 Broadway, Suite 801 New York, New York 10007 (212) 385-9300 UPON INFORMATION AND BELIEF, DEFENDANTS THE CITY OF NEW YORK, JOSEPH TUVIA, M.D., CAROLINE HWANG, M.D., HUSAYN J. AL-HUSAYNI, M.D., “JOHN DOES NUMBERED “1-5' presently unknown), & JANE DOES NUMBERED “1-5” (the names being fictitious, as thein identities are presently unknown) HAVE NOT YET APPEARED. Yours, etc. SCHIAVETTI, CORGAN, DiIEDWARDS, NICHOLSON, LLP p Y C. VILLA Defendant CHIKERE KANU, M.D. Office and P.O. Address 575 Eighth Avenue, 14" Floor New York, New York 10018 (212) 541-9100 ” (the names being fictitious, as their identities areATTORNEY VERIFICATION SUHLAIL C. VILLA, an attorney duly admitted to practice in the State of New York, states the following under the penalties of perjury: That | am associated with the firm of SCHIAVETTI, CORGAN, DiEDWARDS WEINBERG & NICHOLSON, LLP, the attorneys for the defendant, CHIKERE KANU, M.D in this action, that | have read the foregoing ANSWER and know the contents thereof, that the same is true to my knowledge except as to the matters therein stated to be allege upon information and belief, and as to these matters | believe them to be true. Affirmant further states that the reason this verification is made by me and not b the defendant is that the defendant CHIKERE KANU, M.D. does not have his principa place of business within the County of New York where SCHIAVETTI, CORGAN DiEDWARDS WEINBERG & NICHOLSON, LLP, has their office. All matters herein stated upon information and belief are based upon affirmant's file correspondence and conversation with the defendant. Dated: New York, New York April 4, 2013 oo { SUHLAIL ©. VILLA C IL C.SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX JASMIN RIVERA, individually and as co- Administrator of the Estate of JUAN VARGAS, and ROBERT VARGAS, individually and as co- Administrator of the Estate of JUAN VARGAS, Plaintiffs, - against - NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, LINCOLN HOSPITAL, LINCOLN MEDICAL AND MENTAL HEALTH CENTER, THE CITY OF NEW YORK, JOSEPH TUVIA, M.D., CAROLINE HWANG, M.D., HUSAYN J. AL-HUSAYNI, M.D., MATSUKO TAKESHIGE, M.D. and CHIKERE KANU, M.D., “JOHN DOES NUMBERED “4-5” (the names being fictitious, as their identities are presently unknown), & “JANE DOES NUMBERS “4-5” (the names being fictitious, as their identities are presently unknown), Defendants. ween een ene ntemnnnnennnnnnnnnnannncnnn X COUNSELLORS: PLEASE TAKE NOTICE, that pursuant to Section 3041, Rules 3042 and 3043 and Section 3044 of the Civil Practice Law and Rules, you are hereby required t serve a verified bill of particulars as the defendant, CHIKERE KANU, M.D. upon th undersigned within thirty (30) days after the receipt of this demand. The term "plaintiff" herein is defined as any and all plaintiffs and/or decedents, as applicable. Index No. 20555/2013E DEMAND FORA VERIFIED BILL OF PARTICULARSIn the event of your failure to comply with this demand for a verified bill of particulars within that time, a motion will be made for an order precluding you from offering any evidence on the causes of action alleged in the complaint concerning the following items: 1. The date and times of day of each of the alleged negligent acts and/or omissions which will be alleged and claimed against the answering defendant herein. 2. The exact location of each of the alleged negligent acts and/or omissions charged against the answering defendant herein; if in a hospital, state in what part of the said hospital each alleged negligent act took place. 3. (a) State the condition(s) which it is claimed this defendant undertook to treat} and upon which plaintiffs complaint is based. (b) State each and every act or omission which you will claim as the basis o the alleged malpractice of the answering defendant herein; (c) State the accepted customs, practices and medical standards which it is} claimed were violated and departed from by answering defendant; (d) State the manner in which it is claimed the answering defendan departed from each of these customs, practices and medical standards. 4. If plaintiff will claim that the defendant ignored complaints, signs and/or symptoms, made an erroneous diagnosis, afforded improper treatment, administere: improper and/or contraindicated drugs, administered proper drugs in an incorrect dosage, failed to take or administer tests, or improperly took and administered tests, state: (a) | The complaints, signs and/or symptoms that the answering defendani ignored. (b) In what respect the diagnosis by the defendant was erroneous and incorrect, what the claimed correct diagnosis should have been and the point in time tha the plaintiff will claim this answering defendant should have made the correct diagnosis. (c) | The name of each and every improper and/or contraindicated drug, i any, and the name of the defendant prescribing same. (d) | The name of each drug allegedly administered incorrectly with the dosage that plaintiff will claim was the correct dosage. we(e) The name and/or description of each and every test answering defendant failed to take or administer. (f) The name of each and every test this answering defendant improperly took or administered at, and the manner which each such test was improperly taken or administered. 5. If plaintiff will claim that the defendant improperly performed a surgical procedure or procedures, or performed a surgical procedure that was contraindicated and/or unnecessary, or failed to perform a required surgical procedure, state: (a) The name of the improperly performed, contraindicated or unnecessary surgical procedure and the date when it was performed. (b) In what manner was the aforesaid surgical procedure improperly performed. (c) Describe the procedure which should have been performed and which the defendant failed to perform. 6. If there are any claims of vicarious liability against the answering defendant herein, state the names of each and every person who performed the acts or failed to act. If the names are not known, describe them by physical appearances or occupations with sufficient clarity to make ready identification. 7. Set forth the names and section of the statutes, laws, ordinances, etc. it will be claimed the defendant violated. 8. If it is claimed that the defendant herein breached a warranty, state whether, the warranty was oral or in writing; if written, attach a copy thereof; state when, where and) by whom it was made and set forth the particulars thereof. 9. If it is alleged that the answering defendant breached a contractual obligation, state whether the contract alleged in the complaint herein is claimed to be in writing, on oral; if in writing set forth a true and exact copy; if oral, state when it was made, with whom it was made and the substance of the agreement. If it was claimed to be partly written and) partly oral, set forth an exact copy of that portion which is in writing and the substance o that part claimed to be oral. 10. (a) State each procedure, operation or treatment performed by, defendant for which it is claimed said defendant failed to disclose sufficient information to enable plaintiff to give an informed consent.For each such procedure, operation or treatment: (b) State what risks were known to the plaintiff prior to said treatment, operation or procedure; (c) State what benefits were known to the plaintiff prior to said treatment! operation or procedure. (d) State the circumstances making it reasonably possible for the! defendant to obtain consent by or on behalf of the plaintiff. (e) State what additional information, if any, the defendant should have’ provided concerning the treatment, operation or procedure. 11. (a) With respect to the treatment rendered by the answering defendant for which there is a claim of lack of informed consent, state the risks which plaintiff claims) should have been disclosed; | (b) If it is claimed that plaintiff would not have undergone a particular, procedure, state what alternative treatment, procedure or operation plaintiff claims were available to him/her. 12. State the first and last dates on which it is claimed that this answering defendant treated or advised the plaintiff herein for the conditions complained of. 13. (a) State the injuries the plaintiff suffered as the result of the alleged negligence and/or malpractice of the answering defendant herein. (b) State which injuries plaintiff will claim to be permanent. 14. State whether or not the plaintiff has made any other claims for the same on similar injuries as are claimed herein, and if so, against whom such claim has been made, the status of such claim, and if litigation was brought or is pending, the Court in which the action was commenced, the index number and calendar number, if any, assigned thereto. 15. State the length of time plaintiff was confined to each of the following b virtue of the acts or omissions of the answering defendant herein, and set forth the dates of confinement for each. (a) Bed; (b) House; (c) Hospital;(d) Nursing Home or other rehabilitative institution; (e) — Other. 16. State separately the amounts claimed by the plaintiff as special damages for; each of the following (provide name and address of each provider referred to with specific amount claimed): (a) Physicians’ services; (b) Nurses’ services; (c) Medical supplies; (d) Hospital expenses, with the names and addresses of all hospitals, and dates of admission and discharge for each hospital; (e) Loss of earnings (giving names and addresses of employers). State’ the manner in which plaintiff's claim for loss of earnings was calculated; (f) Any other expenses. 17. If plaintiff received reimbursement or indemnification for any of the special | damages set forth in response to item number "16" above, or if payment of such bills o1 damages was made on the plaintiff's behalf, state: (a) | The amounts for which the plaintiff was reimbursed or indemnified, on payment of which was made on plaintiff's behalf; (b) The services for which such amounts were reimbursed of indemnified, or for which payment was made on plaintiff's behalf; (c) The source or sources of such reimbursement, indemnification o payment, including name, address and account number or identification number, i applicable. 18. State the: (a) Occupation of the plaintiff; (b) | Name and address of his/her employer; if self-employed, state be address of his/her place of employment and the type of business or occupation in whic he/she was engaged immediately prior to the occurrence;(c) The length of time plaintiff was unable to attend his/ner employment; (d) The dates it is claimed plaintiff was totally disabled from employment and the dates it is claimed plaintiff was partially disabled from employment; (e) Plaintiff's average weekly earnings; (f) The amount of money plaintiff was alleged to have earned during} each of the five (5 years prior to the occurrence); (g) | Other income the plaintiff was receiving and the sources thereof; (h) | The amount of earnings the plaintiff was alleged to have lost as ai result of the occurrence. 19. If it will be claimed that plaintiff lost profits from a business or enterprise as a result of the defendant's negligence, state the following: (a) | Name of business and address. (b) Plaintiffs ownership, the capacity and interest in the business. (c) State the amount of profits and/or revenues plaintiff claims were lost as a result of defendant's negligence. (d) State the amount of net profit recorded by the business in the two (2) years prior to the alleged negligence. 20. (a) State the date and place of birth of each of the plaintiff(s). (b) State the social security number(s) of each of the plaintiff(s). 21. State the residence address of each of the plaintiff(s). (a) At the time that the cause(s) of the action arose: (b) — At the present time. 22. With respect to pecuniary loss sustained by the next of kin as a result of the death of the decedent, state: (a) The names, addresses and dates of birth of the next of kin who, received financial support from the deceased at the time of his/her death;(b) The specific amount received by each next of kin from the deceased during the five-year period immediately prior to his/her death; state separately the amount) received for each year and the approximate dates when each sum of money was allegedly) paid to the next of kin of the deceased during the five-year period immediately prior to his/her death; (c) An itemized statement of all burial expenses; (d) | Date and place of death of decedent. (e) | The amount of pecuniary loss claimed to be sustained by each of the decedent's next of kin. 23. Set forth the cause of death. 24. State whether an autopsy was performed. 25. State whether an autopsy was refused. 26. State whether any proceeding in connection with the decedent's death has been commenced within the Surrogate's Court of the State of New York, and if so, set forth any index number and/or calendar number applicable thereto. 27. In the event that the decedent was disabled at the time of his/her death, set forth the date upon which the decedent was last employed, together the nature of his/he employment, place of employment and the nature and cause of the disability. 28. Set forth the names, addresses and ages of all individuals living together with the decedent at his/her residence at the time of decedent's death. 29. (a) If any of the claims of medical malpractice relate to the prescribing o! a drug or medication, state: 1. The name(s) of each such drug or medication prescribed; | 2. The date(s) of each prescription; 3. The drugstore(s) where each prescription was filled; 4. The number of times each prescription was filled; 5. The prescription number of each prescription.(b) If any of the claims of medical malpractice relate to the contraindicated ordering or failure to timely or properly administer a drug or medication, state: 1. The trade and generic name(s) of each drug or medication ordered or administered; 2. The date(s) of each order or administration; 3. The route of administration. 4. The route of administration it is alleged should have been used. 5. The place where each drug or medication was ordered of, administered; 6 The dosage(s) and number(s) of times each drug of medication was ordered or administered; 7. The dosage(s) and number(s) of times each drug or medication should have been administered. 8. In each instance, by whom said drug was said to have been! prescribed, ordered or administered. 9. The type of therapy or intended effect it will be alleged that the medication would have had if timely and properly administered. 10. How it will be alleged that the failure to timely and proper! administer said drug or medication caused injury to the plaintiff. 30. If there is any claim for loss of services, specify: (a) The services lost by the claimant as a consequence of the accident o1 occurrence. (b) The dates in which the claimant was deprived of these services. (c) Claimant's date and place of marriage. 31. State the full name(s), residence address(es) and social security number(s of the mother and the father of the infant-plaintiff:(a) At the time that the cause(s) of the action arose; (b) At the present time; 32. 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. 33. Where notice of a condition is a prerequisite, whether actual or constructive notice is claimed. 34. If actual notice is claimed, a statement of when to whom and by whom it was given. 35. State whether there are any liens as against any potential recovery in the instant action. If so, set forth names and addresses of any lien holders and the amounts of any such liens. 36. If exceptions to Article 16 of the CPLR are claimed to be applicable to this action, state with particularity each exception, indicating the grounds and underlying basis for each exception claimed. Dated: New York, New York April 4, 2013 Yours, etc. SCHIAVETTI-CORGAN, DiEDWARDS, WEINBERG & NICHOLSON, LLP A, i. By: Ng Ah SUI AIL C. VILLA Attorneys for Defendant CHIKERE KANU, M.D. Office and P.O. Address 575 Eighth Avenue, 14" Floor New York, New York 10018 (212) 541-9100 TO: CONDE & GLASER, LLP Attorneys for Plaintiffs 305 Broadway, Suite 801 New York, New York 10007 (212) 385-9300UPON INFORMATION AND BELIEF, DEFENDANTS THE CITY OF NEW YORK, JOSEPH TUVIA, M.D., CAROLINE HWANG, M.D., HUSAYN J. AL-HUSAYNI, M.D., “JOHN DOES NUMBERED “1-5” (the names being fictitious, as their identities are presently unknown), & JANE DOES NUMBERED “1-5” (the names being fictitious, as their identities are presently unknown) HAVE NOT YET APPEARED. 10CERTIFICATION | hereby certify that on April 4, 2013, | served the foregoing VERIFIED ANSWE! AND DEMAND FOR A VERIFIED BILL OF PARTICULARS on behalf of CHIKER KANU, M.D. as follows: Electronically via the Electronic Court Filing System (ECF) and by sending one true copy in a post-paid wrapper, in an official depository under to exclusive care an custody of the U.S. Postal Service within New York State addressed to the following persons at the last known address set forth below. TO: CONDE & GLASER, LLP Attorneys for Plaintiffs 305 Broadway, Suite 801 New York, New York 10007 (212) 385-9300 | | am aware that if any of the foregoing statements made by me are willfully false, | | am subject to punishment. Dated: New York, New York April 4, 2013 /s/ Suhlail C. Villa SUHLAIL C. VILLA UPON INFORMATION AND BELIEF, DEFENDANTS THE CITY OF NEW YORK JOSEPH TUVIA, M.D., CAROLINE HWANG, M.D., HUSAYN J. AL-HUSAYNI, M.D. “JOHN DOES NUMBERED “1-5” (the names being fictitious, as their identities are presently unknown), & JANE DOES NUMBERED “1-5” (the names being fictitious, as theif identities are presently unknown) HAVE NOT YET APPEARED