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INDEX NO. “805201/2012
NYSCEF DOC. NO}} 2 RECEIVED NYSCEF 09/07/2012
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
xX
SWEE GOH,
VERIFIED ANSWER
Plaintiff,
Index No. 805201/12
- against -
ARNOLD J. FRIEDMAN, M.D., RICHARD
CHLOUBER, M.D., SOPHIA LUBIN-LANCKE,
D.O., ALEXANDER C. KAGAN, M.D., BETH
ISRAEL MEDICAL CENTER and BETH ISRAEL
OB-GYN,
Defendants.
Defendant, ARNOLD J. FRIEDMAN, M.LD., by his attorneys, AARONSON
RAPPAPORT FEINSTEIN & DEUTSCH, LLP, as and for his Answer to plaintiff's Complaint,
respectfully shows to this Court and alleges upon information and belief:
AS AND FOR A FIRST CAUSE OF ACTION TO RECOVER MONETARY
DAMAGES FROM THE DEFENDANTS UNDER A THEORY OF
DEPARTURE FROM ACCEPTED MEDICAL PRACTICE ON
BEHALE OF THE PLAINTIFF — SWEE GOH
1 Denies the knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph(s) “FIRST” and “THIRD”.
2. Denies the allegations contained in paragraph(s) “SECOND”, “FIFTEENTH”,
“NINETEENTH”, “TWENTIETH”, “TWENTY-FIRST”, “TWENTY-SEVENTH”, “TWENTY-
EIGHTH a) through s)”, “TWENTY-NINTH”, “THIRTIETH” and “THIRTY-FIRST”.
3. Denies the knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph(s) “FIFTH” in the form alleged, except admits that
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“FRIEDMAN?” was and is a duly qualified and/or licensed physician and/or surgeon, capable of
practicing medicine and/or surgery within the State of New York within his specialty of
medicine.
4. Denies the knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph(s) “SIXTH”, in the form alleged, except admits that a
person by the name of SWEE GOH was seen by DR. FRIEDMAN in his professional capacity
and rendered all care and treatment in accordance with good and accepted medical practice and
respectfully refer all questions of law to this Honorable Court.
5. Denies the allegations contained in paragraph(s) “SEVENTH” in the form alleged,
except admits that RICHARD CHLOUBER, M.D. did engage in the practice of medicine within
the County, City and State of New York.
6. Denies the knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph(s) “EIGHTH” in the form alleged, except admits that
“CHLOUBER” was and is a duly qualified and/or licensed physician and/or surgeon, capable of
practicing medicine and/or surgery within the State of New York within his specialty of
medicine.
7. Denies the knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph(s) “NINTH”, in the form alleged, except admits that a
person by the name of SWEE GOH was seen by DR. CHLOUBER in his professional capacity
and rendered all care and treatment in accordance with good and accepted medical practice and
respectfully refer all questions of law to this Honorable Court.
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8. Denies the allegations contained in paragraph(s) “TENTH” in the form alleged,
except admits that SOPHIA LUBIN-LONCKE, D.O., s/h/a SOPHIA LUBIN-LANCKE, D.O.
did engage in the practice of medicine within the County, City and State of New York.
9. Denies the knowledge or information sufficient to form a belief as to the truth of the
allegations contained in paragraph(s) “ELEVENTH” in the form alleged, except admits that
SOPHIA LUBIN-LONCKE, D.O., s/h/a SOPHIA LUBIN-LANCKE, D.O. was and is a duly
qualified and/or licensed physician and/or surgeon, capable of practicing medicine and/or
surgery within the State of New York within his specialty of medicine.
10. Denies the knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph(s) “TWELFTH”, in the form alleged, except admits
that a person by the name of SWEE GOH was seen by SOPHIA LUBIN-LONCKE, D.O., s/h/a
SOPHIA LUBIN-LANCKE, D.O. in her professional capacity and rendered all care and
treatment in accordance with good and accepted medical practice and respectfully refer all
questions of law to this Honorable Court.
11, Denies the knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph(s) “FOURTEENTH?” in the form alleged, except admits
that “KAGAN?” was and is a duly qualified and/or licensed physician practicing radiology within
the State of New York.
12. Denies the allegations contained in paragraph(s) “SEVENTEENTH” in the form
alleged, except admits that BETH ISRAEL MEDICAL CENTER was and is a hospital
performing all functions consistent therewith and respectfully refer all questions of law to this
Honorable Court.
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13. Denies the knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph(s) “EIGHTEENTH” in the form alleged, except admits
that BETH ISRAEL MEDICAL CENTER was and is a hospital performing all functions
consistent therewith and respectfully refer all questions of law to this Honorable Court.
14. Denies the knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph(s) “TWENTY-SECOND”, “TWENTY-THIRD”,
“TWENTY-FOURTH” and “TWENTY-FIFTH” in the form alleged, except admits that a person
by the name of SWEE GOH was a patient at BETH ISRAEL MEDICAL CENTER and seen by
some or all of the named defendants in their professional capacity and respectfully refers to the
medical records in regard to dates and treatment rendered.
15. Denies the allegations contained in paragraph(s) “TWENTY-SIXTH” in the form
alleged as improperly pleaded evidentiary material and respectfully refer all questions of law to
this Honorable Court.
AS AND FOR A SECOND CAUSE OF ACTION TO RECOVER MONETARY
DAMAGES FROM THE DEFENDANTS UNDER A THEORY OF LACK OF
INFORMED CONSENT ON BEHALF OF THE PLAINTIFF — SWEE GOH
16 respensete-paragrapad THIRTY SECOND”, repeats-each admission-or denial
contained in paragraph(s) “FIRST” through “THIRTY-FIRST” herein as though fully set forth
hereat.
17. Denies the allegations contained in paragraph(s) “HIRT Y-THIRD”, “THIRTY-
FOURTH”, “THIRTY-FIFTH” and “THIRTY-SIXTH”.
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AS AND FOR THE FIRST AFFIRMATIVE DEFENSE
18. The liability of the answering defendant, ARNOLD J. FRIEDMAN, M_D.), if ary, is
limited pursuant to CPLR Article 16.
AS AND FOR THE SECOND AFFIRMATIVE DEFENSE
19. The answering defendant, ARNOLD J. FRIEDMAN, M.D. asserts those applicable
affirmative defenses for which provision is made at Public Health Law Section 2805-d.
WHEREFORE, defendant, ARNOLD J. FRIEDMAN, M.D. demands judgment
dismissing the Complaint, together with the costs and disbursements of the within action.
| LL
Dated: New York, New York
September 5, 2012
Yours, etd.
BY: Jay A aport
AARONSON/RAPPAPORT FEINSTEIN &
DEUTSCH, LLP
Attorneys for ARNOLD J. FRIEDMAN, M.D.
Office & P.O. Address
600 Third Avenue
New York, NY 10016
212-593-6700
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INDEX NO. “805201/2012 NYSCEF DOC. NO}} 2 RECEIVED NYSCEF 09/07/2012 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK xX SWEE GOH, VERIFIED ANSWER Plaintiff, Index No. 805201/12 - against - ARNOLD J. FRIEDMAN, M.D., RICHARD CHLOUBER, M.D., SOPHIA LUBIN-LANCKE, D.O., ALEXANDER C. KAGAN, M.D., BETH ISRAEL MEDICAL CENTER and BETH ISRAEL OB-GYN, Defendants. Defendant, ARNOLD J. FRIEDMAN, M.LD., by his attorneys, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, as and for his Answer to plaintiff's Complaint, respectfully shows to this Court and alleges upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION TO RECOVER MONETARY DAMAGES FROM THE DEFENDANTS UNDER A THEORY OF DEPARTURE FROM ACCEPTED MEDICAL PRACTICE ON BEHALE OF THE PLAINTIFF — SWEE GOH 1 Denies the knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) “FIRST” and “THIRD”. 2. Denies the allegations contained in paragraph(s) “SECOND”, “FIFTEENTH”, “NINETEENTH”, “TWENTIETH”, “TWENTY-FIRST”, “TWENTY-SEVENTH”, “TWENTY- EIGHTH a) through s)”, “TWENTY-NINTH”, “THIRTIETH” and “THIRTY-FIRST”. 3. Denies the knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) “FIFTH” in the form alleged, except admits that (01179436,D0CX} “FRIEDMAN?” was and is a duly qualified and/or licensed physician and/or surgeon, capable of practicing medicine and/or surgery within the State of New York within his specialty of medicine. 4. Denies the knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) “SIXTH”, in the form alleged, except admits that a person by the name of SWEE GOH was seen by DR. FRIEDMAN in his professional capacity and rendered all care and treatment in accordance with good and accepted medical practice and respectfully refer all questions of law to this Honorable Court. 5. Denies the allegations contained in paragraph(s) “SEVENTH” in the form alleged, except admits that RICHARD CHLOUBER, M.D. did engage in the practice of medicine within the County, City and State of New York. 6. Denies the knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) “EIGHTH” in the form alleged, except admits that “CHLOUBER” was and is a duly qualified and/or licensed physician and/or surgeon, capable of practicing medicine and/or surgery within the State of New York within his specialty of medicine. 7. Denies the knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) “NINTH”, in the form alleged, except admits that a person by the name of SWEE GOH was seen by DR. CHLOUBER in his professional capacity and rendered all care and treatment in accordance with good and accepted medical practice and respectfully refer all questions of law to this Honorable Court. (01179436.DOCX } 8. Denies the allegations contained in paragraph(s) “TENTH” in the form alleged, except admits that SOPHIA LUBIN-LONCKE, D.O., s/h/a SOPHIA LUBIN-LANCKE, D.O. did engage in the practice of medicine within the County, City and State of New York. 9. Denies the knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) “ELEVENTH” in the form alleged, except admits that SOPHIA LUBIN-LONCKE, D.O., s/h/a SOPHIA LUBIN-LANCKE, D.O. was and is a duly qualified and/or licensed physician and/or surgeon, capable of practicing medicine and/or surgery within the State of New York within his specialty of medicine. 10. Denies the knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) “TWELFTH”, in the form alleged, except admits that a person by the name of SWEE GOH was seen by SOPHIA LUBIN-LONCKE, D.O., s/h/a SOPHIA LUBIN-LANCKE, D.O. in her professional capacity and rendered all care and treatment in accordance with good and accepted medical practice and respectfully refer all questions of law to this Honorable Court. 11, Denies the knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) “FOURTEENTH?” in the form alleged, except admits that “KAGAN?” was and is a duly qualified and/or licensed physician practicing radiology within the State of New York. 12. Denies the allegations contained in paragraph(s) “SEVENTEENTH” in the form alleged, except admits that BETH ISRAEL MEDICAL CENTER was and is a hospital performing all functions consistent therewith and respectfully refer all questions of law to this Honorable Court. {01179436.DOCX} 13. Denies the knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) “EIGHTEENTH” in the form alleged, except admits that BETH ISRAEL MEDICAL CENTER was and is a hospital performing all functions consistent therewith and respectfully refer all questions of law to this Honorable Court. 14. Denies the knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) “TWENTY-SECOND”, “TWENTY-THIRD”, “TWENTY-FOURTH” and “TWENTY-FIFTH” in the form alleged, except admits that a person by the name of SWEE GOH was a patient at BETH ISRAEL MEDICAL CENTER and seen by some or all of the named defendants in their professional capacity and respectfully refers to the medical records in regard to dates and treatment rendered. 15. Denies the allegations contained in paragraph(s) “TWENTY-SIXTH” in the form alleged as improperly pleaded evidentiary material and respectfully refer all questions of law to this Honorable Court. AS AND FOR A SECOND CAUSE OF ACTION TO RECOVER MONETARY DAMAGES FROM THE DEFENDANTS UNDER A THEORY OF LACK OF INFORMED CONSENT ON BEHALF OF THE PLAINTIFF — SWEE GOH 16 respensete-paragrapad THIRTY SECOND”, repeats-each admission-or denial contained in paragraph(s) “FIRST” through “THIRTY-FIRST” herein as though fully set forth hereat. 17. Denies the allegations contained in paragraph(s) “HIRT Y-THIRD”, “THIRTY- FOURTH”, “THIRTY-FIFTH” and “THIRTY-SIXTH”. {01179436.DOCX} AS AND FOR THE FIRST AFFIRMATIVE DEFENSE 18. The liability of the answering defendant, ARNOLD J. FRIEDMAN, M_D.), if ary, is limited pursuant to CPLR Article 16. AS AND FOR THE SECOND AFFIRMATIVE DEFENSE 19. The answering defendant, ARNOLD J. FRIEDMAN, M.D. asserts those applicable affirmative defenses for which provision is made at Public Health Law Section 2805-d. WHEREFORE, defendant, ARNOLD J. FRIEDMAN, M.D. demands judgment dismissing the Complaint, together with the costs and disbursements of the within action. | LL Dated: New York, New York September 5, 2012 Yours, etd. BY: Jay A aport AARONSON/RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for ARNOLD J. FRIEDMAN, M.D. Office & P.O. Address 600 Third Avenue New York, NY 10016 212-593-6700 {01179436,.DOCX }