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INDEX NO. 805132/2012
(FILED: NEW YORK COUNTY CLERK 08/02/2012)
NYSCEF DOC. NO}.) 8 RECEIVED NYSCEF: 08/02/2012
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
a Soo X
EDWARD SCARANO and SUSAN SCARANO,
Plaintiff, Index #: 805132/2012
DEMAND FOR
-against- VERIFIED BILL
OF PARTICULARS
DEAN VAFIADIS, D.D.S., Individually and
d/b/a/ NEW YORK SMILE INSTITUTE,
GARY GOLDSTEIN, D.D.S., GARY RUTH, D.D.S.,
MAXILLOFACIAL SURGERY SERVICES, L.L.C.,
GEORGE ANASTRASSOV, M.D., D.D.S.,
BABAK GHALILI, D.D.S., and “JOHN DOE, M.D.”,
the name being fictitious but
intended to be the Anesthesiologist who
rendered services on plaintiff on
September 21, 2011,
Defendants.
nn xX
COUNSEL:
PLEASE TAKE NOTICE, that pursuant to Sec. 3041, Rules 3042 and 3043 and Sec.
3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of
Particulars as to defendants GEORGE E. ANASTASSOV, M.D., D.D.S, s/h/a GEORGE
ANASTRASSOV, M.D., D.D.S. and MAXILLOFACIAL SURGERY SERVICES, L.L.C.,
upon the undersigned within twenty (20) days after the receipt of this Demand as to the
following items:
1 The dates and times of day of the alleged negligent acts and/or omissions
which will be alleged and claimed against the answering defendant(s) herein.
a State the first and last times on which it is claimed each defendant treated
or advised for the conditions complained of herein.
2 The exact location of the alleged negligent acts and/or omissions charged
against the answering defendant(s) herein.
3 A statement of each and every act of negligence, commission or omission
which you will claim as the basis of the alleged malpractice of the answering defendant(s) herein.
The statement should include but not be limited to the following:
a Detail each procedure which it will be claimed should not have been
performed by the defendant(s);
b. Detail each procedure which it will be claimed was performed improperly
by the defendant(s) and in what manner.
C Detail each additional procedure which it will be claimed should have been
performed by the defendant(s).
d If it will be claimed that a misdiagnosis was made by the defendant(s),
state what the proper diagnosis should have been.
e. If it will be claimed there was improper treatment in any other respect,
detail what the proper treatment should have been.
4 If there are any claims of vicarious liability against the answering
defendant(s) herein, state and name each and every person who performed the acts or failed to act,
and if the names are not known, describe them by physical appearance or occupations with
sufficient clarity to make ready identification.
5 State each and every act or omission which will be claimed as the basis of
liability of each of the other defendants sued herein, stating separately which act or omission will
be the basis of your claim against each.
a. State the date(s) of admission(s) of plaintiff to each hospital and all subsequent
hospitals where treatment was rendered as a result of the alleged malpractice.
b State the name(s) of the person(s) by whose order, request or authority said
plaintiff was admitted to said hospital(s).
¢, The nature of the treatment rendered to plaintiff at said hospital(s) prior to
the surgical operation(s) and procedure(s).
d. The nature of the treatment rendered to plaintiff at said hospital(s)
subsequent to the surgical operation(s) and procedure(s).
6. A statement of the accepted dental practices, customs and dental standards
which it is claimed were violated and departed from by the answering defendant(s) herein.
7. State the manner in which the answering defendant(s) departed from each
of the above accepted dental practices, customs and standards.
8 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.
9 If the plaintiff will claim that the answering defendant(s) ignored
complaints, signs, symptoms; made an erroneous diagnosis; afforded improper treatment;
administered 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 symptoms that the answering defendant(s)
ignored;
b, In what respect the diagnosis was erroneous and incorrect; what the
claimed correct diagnosis is; the point in time that the plaintiff claims that the defendant(s) should
have made the correct diagnosis;
Cc. The improper treatment that was afforded and in what manner the said
treatment was improperly performed;
d The name of each and every improper and/or contraindicated drug;
€. The name of each proper drug allegedly administered incorrectly with the
dosage that plaintiff will claim as the correct dosage;
f. The name and/or description of each and every test defendant(s) failed to
take or administer;
8. The names of each and every test defendant(s) improperly took or
administered and the manner in which each such test was improperly taken or administered.
10. If the plaintiff will claim that the answering defendant(s) improperly
performed a surgical procedure or procedures; performed a surgical procedure that was
contraindicated and/or unnecessary state:
a. The name of the surgical procedure and the date it was performed.
b Set forth what surgical procedures were contraindicated and unnecessary.
©. In what manner the aforesaid surgical procedures were improperly
performed.
11 State:
a The injuries the plaintiff suffered as a result of the alleged negligence
and/or malpractice of the answering defendant(s).
b. Set forth which injuries are claimed to be permanent and in what respect
they are claimed to be permanent.
12. Did the alleged malpractice occur during the course of an emergency
treatment, procedure or surgery?
13. If it will be claimed that the aforesaid injuries necessitated treatment at any
institutions, set forth:
a The name of each institution.
b. The dates of confinement to each institution.
c. Include in this list all nursing homes, rehabilitative institutions,
physio-therapy, etc.
d. Give complete addresses and names of each institution.
14 State the length of time the plaintiff was confined to each of thefollowing:
a. Bed.
b. House.
G, Hospital.
15. State each and every act or omission which will be claimed as the basis of
liability by the answering defendants and other defendants which plaintiff claims are willful
wanton and reckless.
a. State the names and addresses of the person (s) claimed to have engaged in
conduct that is willful, wanton and reckless.
b State the dates and times of such willful, wanton and reckless conduct.
Cc. State the place (s) where such willful, wanton and reckless conduct is
alleged to have occurred.
d. State what injuries plaintiff's claims resulted from such alleged willful,
wanton and reckless conduct.
e. State what expenses plaintiff claims were incurred due to the alleged
willful, wanton and reckless conduct.
16. State what dental/oral and maxillofacial surgical services and treatment
plaintiff alleged he paid to the answering defendants and other defendants which they failed to
perform.
State the names and addresses of the person (s) claimed to have engaged in
such conduct.
State the dates (s) and times (s) such conduct occurred.
State the places (s) where such conduct is alleged to have occurred.
State what injuries plaintiff claims resulted from such conduct.
€. State what expenses plaintiff claims were incurred due to such conduct.
17. State the alleged acts and occurrences and/or omissions will be claimed by
plaintiff as the basis of the claims plaintiff is making against the answering defendants and other
defendants which plaintiff claims constitute abandonment and/or constructive abandonment.
a. State the names and addresses of the person (s) claimed to have engaged in
such conduct.
State the dates (s) and times (s) such conduct occurred.
State the places (s) where such conduct is alleged to have occurred.
State what injuries plaintiff claimed resulted from such conduct.
State what expenses plaintiff claims were incurred due to such conduct.
18. State the alleged basis for the plaintiffs’ claims that defendants had a
fiduciary duty to plaintiff to submit plaintiff's dental bills to his medical insurance company in a
timely fashion.
a Set forth the verbal assurances that were made in this regard and by who;
1 State the names and addresses of the persons claimed to have made
these verbal assurances.
2. State the dates and times such verbal assurances were made.
3 State the place (s) where such verbal assurances were made.
4 State what injuries plaintiff(s) claim(s) he/they suffered as a result
of such verbal assurances.
19, State the alleged basis for the plaintiffs’ claims that defendants had a
fiduciary duty to plaintiff to submit plaintiff's dental bills to his medical insurance company in a
timely fashion.
a. Set forth any written assurances that were made in this regard and by who;
1 State the names and addresses of the persons claimed to have made
these written assurances.
2 State the dates and times such written assurances were made,
3 State the place (s) where such written assurances were made.
4 Produce a copy of such written assurances.
5 State what injuries plaintiff (s) claim(s) he/they suffered as a result
of such verbal and/or written assurances.
20. State the alleged basis for plaintiff's claims that defendants entered into a
written contract with plaintiff agreeing to certain fees.
a, State the names and addresses of the person (s) claimed to have entered in
a written contract with plaintiff.
b State the dates (s) and times (s) such written contracts were signed.
State the location by address the alleged written contract was received by
plaintiff.
Annex a copy of such written contract to you responses.
€. State the places (s) such written contract (s) were signed.
f. State what injuries plaintiff claims are related to his claims for breach of
written contract.
21, State the alleged basis for plaintiff’s claims that defendants entered into a
oral contract with plaintiff agreeing to certain fees.
a. State the names and addresses of the person (s) claimed to have entered in
a oral contract with plaintiff.
dv. State the dates (s) and times (s) such oral contracts were made.
¢. State the location by address where the alleged oral contract was entered
into;
4, State the places (s) such oral contract (s) were entered into.
e State what injuries plaintiff claims are related to his alleged claims of
breach of oral contract.
22. State the basis of each and every act or omission that plaintiff claims is the
basis of liability for these answering defendant and the other defendants which plaintiff claims
constitutes fraud.
a State the names and addresses of the person (s) claimed to have engaged in
conduct that is fraudulent.
b State the dates and times of such fraudulent conduct.
State the place where such fraudulent conduct is alleged to have occurred.
State what injuries plaintiff's claims resulted from such alleged fraudulent
conduct.
€. State what expenses plaintiff claims were incurred due to the alleged
fraudulent conduct.
23. State the basis of each and every act or omission that plaintiff claims is the
basis of liability for these answering defendant and the other defendants which plaintiff claims
constitute duress.
a, State the names and addresses of the person (s) claimed to have acted in a
manner that constitutes duress.
b. State the dates and times of such duress.
State the place where alleged duress is alleged to have occurred.
State what injuries plaintiff's claims resulted from such alleged duress.
State what expenses plaintiff claims were incurred due to the alleged
duress.
24, State the basis of each and every act or omission that plaintiff claims is the
basis of liability for these answering defendant and the other defendants which plaintiff claims
constitutes collusion.
a. State the names and addresses of the person (s) claimed to have engaged in
collusion.
State the dates and times of such collusion.
State the place where such collusion is alleged to have occurred.
State what injuries plaintiff's claims resulted from such alleged collusion.
State what expenses plaintiff claims were incurred due to the alleged
collusion.
25. State separately the total amounts claimed by the plaintiff as special
damages for each of the following:
a. Dentist's/Physician’s/Care Provider’s services with names and addresses
of said dentist/physician/care provider.
b Nurse's services.
Dental/Medical supplies.
Hospital expenses with names and addresses of all hospitals.
Loss of earnings.
Any other expenses.
&. Set forth reimbursements for any claimed economic loss from any
collateral source, or if any claims have been made, but not yet honored for reimbursement from
any collateral
source; and if so, set forth the name of the collateral source and the amount of reimbursement
received or claimed.
26. If it will be claimed that the aforesaid injuries necessitated treatment by
any physicians, psychologists, dentists or other therapists, set forth:
a The name of each such person.
b His/her address.
Cc, The dates of plaintiff's treatment.
15, If loss of earnings will be claimed to have resulted from the alleged
negligence, set forth the following:
a The loss of earnings that will be claimed.
b The claimant's occupation at the time of the alleged negligence.
c The claimant's gross earnings for the last calendar year prior to the alleged
negligence.
d. The claimant's gross earnings for any calendar year(s) during which it will
be claimed the claimant was incapacitated from work.
€. If the claimant was employed by another immediately prior to the alleged
incapacitation state:
I The name of the employer.
ii. The claimant's weekly gross salary at that time.
f. If the claimant was in whole or in part self employed, state the claimant's
earnings from such self employment for each of the three years prior to the alleged incapacitation.
8 The last date the claimant worked prior to the alleged incapacitation.
h, The dates the claimant worked prior to the alleged incapacitation.
I The amount and source of any reimbursement to the claimant or others for
the alleged loss of earnings.
J The name and address of claimant's present employer.
27. State the date of birth of plaintiff.
28. State the residence address of the plaintiff:
a. At the time this action was commenced;
b, At the time that the acts of this action arose;
c. At the present time;
d. Set forth the Social Security number of plaintiff(s).
29. If anyone other than the patient has paid or has incurred the expenses
claimed in paragraph 16, supra, state the amount, that person's address and relationship, if any, to
the patient.
30. If anyone has, or can reasonably be expected to reimburse the patient or
others for the expenses claimed in paragraph 16, supra, state the amount or extent of such
reimbursement and the name and address of the reimbursor.
31. If the plaintiff is alleging that there is reasonable anticipation that further
expenses will be incurred in the future as a result of the alleged negligence, please set forth such
expenses, stating the reason for said expenses, including but not limited to:
a. Anticipated dentist’s/physician’s charges.
b Anticipated hospital charges.
Cc. Anticipated charges for medicine.
d Anticipated nursing charges.
€. Anticipated expenses not named in the preceding categories.
32. If anyone can be reasonably expected to pay or provide reimbursement for
any anticipated expenses detailed in the foregoing paragraph, state the person's name, address and.
the amount and extent of such payment or reimbursement.
33. If it will be claimed that the defendant(s) performed or undertook any part
of the treatment without the patient's informed consent, set forth the following:
34, The risks or complications of the procedure, treatment, or diagnosis,
known to the patient before it was performed.
b. The information concerning the risks and/or complications imparted to the
patient by the defendant(s).
Cc. The additional information, if any, which it will be claimed the
defendant(s) should have provided the patient concerning the procedure and/or treatment.
d Set forth the specific time or times and place or places which plaintiff will
allege that any discussion was had with respect to the risks, hazards, and alternatives incidental to
the treatment.
€. Set forth the names of the person or persons said discussions are alleged to
have been with.
f. Set forth the names of the person or persons that plaintiff will claim may
have been discussed with plaintiff on behalf of the answering defendant(s).
& Set forth in detail the substance of the discussion had in each and every
instance.
h Set forth whether plaintiff ever signed a written consent to or authorization
with respect to the treatment herein.
I If the answer to (h) is in the affirmative, set forth the dates, items and
places in which authorizations or consents, in writing were signed.
J Set forth the names of those persons present at the time said authorizations
or consents were signed.
k. Set forth whether the plaintiff read the consent form.
1 Set forth the substance of the discussion, if any, that was had at the time of
the said written authorization or consent.
35. Set forth whether the plaintiff was indemnified in whole or in part for any
costs or expenses for which claim is made from any of the following sources:
a Insurance of whatever nature.
b, Social Security payments.
Cc. Worker's compensation.
d. Employee benefit program.
€. No Fault.
36. If the answer is in the affirmative to the foregoing, set forth in each
instance, the following:
a. The identity of the firm, person or corporation making such payment.
b. The allocation of such payment.
Cc. The identifying file number of such person, firm or corporation, if known.
37. Tf loss of consortium is claimed:
a Set forth the date and place of marriage of the plaintiffs.
b, Set forth the relationship between the plaintiffs at the time of the
occurrence and the present time.
C. Set forth with particularity the nature of the loss of services alleged and the
duration of same, setting forth the specific dates.
d. Set forth the date of birth of plaintiff's spouse.
Dated: New York, New York
August 1, 2012
Yours, etc.,
KOLENOVSKY SPIEGEL LLP
Attomeys for Defendants
GEORGE £. ANASTASSOV, M.D., D.D.S. 9
s/h/a GEORGE ANASTRASSOV, M.D., D.D.S.
and MAXILLOFACIAL SURGERY SERVICE,
L.L.C.
By
13.fara
Kolenovsky, Esq.
9" Street, Stite 801
0
New York, New York 10001
(2:12)760-2222
TO VALERIE J. CROWN, ESQ.
ATTORNEY AT LAW, P.C.
Attomeys for Plaintiffs
151 North Main Street 4" Floor
New City, New York 10956
DEAN VAFIADIS, D.D.S., Individually and
d/b/a NEW YORK SMILE INSTITUTE
The Takashimaya Building
693 Fifth Avenue - 14" Floor
New York, New York 10022
WENICK & FINGER, P.C.
Attorneys for Defendant
GARY RUTH, D.D.S8.
28 East 28" Street, 13" Floor
New York, New York 10016-7900
(646) 837-0100
File No.: 04110-02697
GARY GOLDSTEIN, D.D.S.
18 East 50" Street
New York, new York 10022
BABAK GHALILI, D.D.S
18 Fast 50" Street
New York, New York 10022
“JOHN DOE, M.D.”,
The name being fictitious but
Intended to be the Anesthesiologist who
rendered services on plaintiff on
September 21, 2011
NAME AND ADDRESS
NOT AVAILABLE
AT THIS TIME
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INDEX NO. 805132/2012 (FILED: NEW YORK COUNTY CLERK 08/02/2012) NYSCEF DOC. NO}.) 8 RECEIVED NYSCEF: 08/02/2012 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK a Soo X EDWARD SCARANO and SUSAN SCARANO, Plaintiff, Index #: 805132/2012 DEMAND FOR -against- VERIFIED BILL OF PARTICULARS DEAN VAFIADIS, D.D.S., Individually and d/b/a/ NEW YORK SMILE INSTITUTE, GARY GOLDSTEIN, D.D.S., GARY RUTH, D.D.S., MAXILLOFACIAL SURGERY SERVICES, L.L.C., GEORGE ANASTRASSOV, M.D., D.D.S., BABAK GHALILI, D.D.S., and “JOHN DOE, M.D.”, the name being fictitious but intended to be the Anesthesiologist who rendered services on plaintiff on September 21, 2011, Defendants. nn xX COUNSEL: PLEASE TAKE NOTICE, that pursuant to Sec. 3041, Rules 3042 and 3043 and Sec. 3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars as to defendants GEORGE E. ANASTASSOV, M.D., D.D.S, s/h/a GEORGE ANASTRASSOV, M.D., D.D.S. and MAXILLOFACIAL SURGERY SERVICES, L.L.C., upon the undersigned within twenty (20) days after the receipt of this Demand as to the following items: 1 The dates and times of day of the alleged negligent acts and/or omissions which will be alleged and claimed against the answering defendant(s) herein. a State the first and last times on which it is claimed each defendant treated or advised for the conditions complained of herein. 2 The exact location of the alleged negligent acts and/or omissions charged against the answering defendant(s) herein. 3 A statement of each and every act of negligence, commission or omission which you will claim as the basis of the alleged malpractice of the answering defendant(s) herein. The statement should include but not be limited to the following: a Detail each procedure which it will be claimed should not have been performed by the defendant(s); b. Detail each procedure which it will be claimed was performed improperly by the defendant(s) and in what manner. C Detail each additional procedure which it will be claimed should have been performed by the defendant(s). d If it will be claimed that a misdiagnosis was made by the defendant(s), state what the proper diagnosis should have been. e. If it will be claimed there was improper treatment in any other respect, detail what the proper treatment should have been. 4 If there are any claims of vicarious liability against the answering defendant(s) herein, state and name each and every person who performed the acts or failed to act, and if the names are not known, describe them by physical appearance or occupations with sufficient clarity to make ready identification. 5 State each and every act or omission which will be claimed as the basis of liability of each of the other defendants sued herein, stating separately which act or omission will be the basis of your claim against each. a. State the date(s) of admission(s) of plaintiff to each hospital and all subsequent hospitals where treatment was rendered as a result of the alleged malpractice. b State the name(s) of the person(s) by whose order, request or authority said plaintiff was admitted to said hospital(s). ¢, The nature of the treatment rendered to plaintiff at said hospital(s) prior to the surgical operation(s) and procedure(s). d. The nature of the treatment rendered to plaintiff at said hospital(s) subsequent to the surgical operation(s) and procedure(s). 6. A statement of the accepted dental practices, customs and dental standards which it is claimed were violated and departed from by the answering defendant(s) herein. 7. State the manner in which the answering defendant(s) departed from each of the above accepted dental practices, customs and standards. 8 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. 9 If the plaintiff will claim that the answering defendant(s) ignored complaints, signs, symptoms; made an erroneous diagnosis; afforded improper treatment; administered 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 symptoms that the answering defendant(s) ignored; b, In what respect the diagnosis was erroneous and incorrect; what the claimed correct diagnosis is; the point in time that the plaintiff claims that the defendant(s) should have made the correct diagnosis; Cc. The improper treatment that was afforded and in what manner the said treatment was improperly performed; d The name of each and every improper and/or contraindicated drug; €. The name of each proper drug allegedly administered incorrectly with the dosage that plaintiff will claim as the correct dosage; f. The name and/or description of each and every test defendant(s) failed to take or administer; 8. The names of each and every test defendant(s) improperly took or administered and the manner in which each such test was improperly taken or administered. 10. If the plaintiff will claim that the answering defendant(s) improperly performed a surgical procedure or procedures; performed a surgical procedure that was contraindicated and/or unnecessary state: a. The name of the surgical procedure and the date it was performed. b Set forth what surgical procedures were contraindicated and unnecessary. ©. In what manner the aforesaid surgical procedures were improperly performed. 11 State: a The injuries the plaintiff suffered as a result of the alleged negligence and/or malpractice of the answering defendant(s). b. Set forth which injuries are claimed to be permanent and in what respect they are claimed to be permanent. 12. Did the alleged malpractice occur during the course of an emergency treatment, procedure or surgery? 13. If it will be claimed that the aforesaid injuries necessitated treatment at any institutions, set forth: a The name of each institution. b. The dates of confinement to each institution. c. Include in this list all nursing homes, rehabilitative institutions, physio-therapy, etc. d. Give complete addresses and names of each institution. 14 State the length of time the plaintiff was confined to each of thefollowing: a. Bed. b. House. G, Hospital. 15. State each and every act or omission which will be claimed as the basis of liability by the answering defendants and other defendants which plaintiff claims are willful wanton and reckless. a. State the names and addresses of the person (s) claimed to have engaged in conduct that is willful, wanton and reckless. b State the dates and times of such willful, wanton and reckless conduct. Cc. State the place (s) where such willful, wanton and reckless conduct is alleged to have occurred. d. State what injuries plaintiff's claims resulted from such alleged willful, wanton and reckless conduct. e. State what expenses plaintiff claims were incurred due to the alleged willful, wanton and reckless conduct. 16. State what dental/oral and maxillofacial surgical services and treatment plaintiff alleged he paid to the answering defendants and other defendants which they failed to perform. State the names and addresses of the person (s) claimed to have engaged in such conduct. State the dates (s) and times (s) such conduct occurred. State the places (s) where such conduct is alleged to have occurred. State what injuries plaintiff claims resulted from such conduct. €. State what expenses plaintiff claims were incurred due to such conduct. 17. State the alleged acts and occurrences and/or omissions will be claimed by plaintiff as the basis of the claims plaintiff is making against the answering defendants and other defendants which plaintiff claims constitute abandonment and/or constructive abandonment. a. State the names and addresses of the person (s) claimed to have engaged in such conduct. State the dates (s) and times (s) such conduct occurred. State the places (s) where such conduct is alleged to have occurred. State what injuries plaintiff claimed resulted from such conduct. State what expenses plaintiff claims were incurred due to such conduct. 18. State the alleged basis for the plaintiffs’ claims that defendants had a fiduciary duty to plaintiff to submit plaintiff's dental bills to his medical insurance company in a timely fashion. a Set forth the verbal assurances that were made in this regard and by who; 1 State the names and addresses of the persons claimed to have made these verbal assurances. 2. State the dates and times such verbal assurances were made. 3 State the place (s) where such verbal assurances were made. 4 State what injuries plaintiff(s) claim(s) he/they suffered as a result of such verbal assurances. 19, State the alleged basis for the plaintiffs’ claims that defendants had a fiduciary duty to plaintiff to submit plaintiff's dental bills to his medical insurance company in a timely fashion. a. Set forth any written assurances that were made in this regard and by who; 1 State the names and addresses of the persons claimed to have made these written assurances. 2 State the dates and times such written assurances were made, 3 State the place (s) where such written assurances were made. 4 Produce a copy of such written assurances. 5 State what injuries plaintiff (s) claim(s) he/they suffered as a result of such verbal and/or written assurances. 20. State the alleged basis for plaintiff's claims that defendants entered into a written contract with plaintiff agreeing to certain fees. a, State the names and addresses of the person (s) claimed to have entered in a written contract with plaintiff. b State the dates (s) and times (s) such written contracts were signed. State the location by address the alleged written contract was received by plaintiff. Annex a copy of such written contract to you responses. €. State the places (s) such written contract (s) were signed. f. State what injuries plaintiff claims are related to his claims for breach of written contract. 21, State the alleged basis for plaintiff’s claims that defendants entered into a oral contract with plaintiff agreeing to certain fees. a. State the names and addresses of the person (s) claimed to have entered in a oral contract with plaintiff. dv. State the dates (s) and times (s) such oral contracts were made. ¢. State the location by address where the alleged oral contract was entered into; 4, State the places (s) such oral contract (s) were entered into. e State what injuries plaintiff claims are related to his alleged claims of breach of oral contract. 22. State the basis of each and every act or omission that plaintiff claims is the basis of liability for these answering defendant and the other defendants which plaintiff claims constitutes fraud. a State the names and addresses of the person (s) claimed to have engaged in conduct that is fraudulent. b State the dates and times of such fraudulent conduct. State the place where such fraudulent conduct is alleged to have occurred. State what injuries plaintiff's claims resulted from such alleged fraudulent conduct. €. State what expenses plaintiff claims were incurred due to the alleged fraudulent conduct. 23. State the basis of each and every act or omission that plaintiff claims is the basis of liability for these answering defendant and the other defendants which plaintiff claims constitute duress. a, State the names and addresses of the person (s) claimed to have acted in a manner that constitutes duress. b. State the dates and times of such duress. State the place where alleged duress is alleged to have occurred. State what injuries plaintiff's claims resulted from such alleged duress. State what expenses plaintiff claims were incurred due to the alleged duress. 24, State the basis of each and every act or omission that plaintiff claims is the basis of liability for these answering defendant and the other defendants which plaintiff claims constitutes collusion. a. State the names and addresses of the person (s) claimed to have engaged in collusion. State the dates and times of such collusion. State the place where such collusion is alleged to have occurred. State what injuries plaintiff's claims resulted from such alleged collusion. State what expenses plaintiff claims were incurred due to the alleged collusion. 25. State separately the total amounts claimed by the plaintiff as special damages for each of the following: a. Dentist's/Physician’s/Care Provider’s services with names and addresses of said dentist/physician/care provider. b Nurse's services. Dental/Medical supplies. Hospital expenses with names and addresses of all hospitals. Loss of earnings. Any other expenses. &. Set forth reimbursements for any claimed economic loss from any collateral source, or if any claims have been made, but not yet honored for reimbursement from any collateral source; and if so, set forth the name of the collateral source and the amount of reimbursement received or claimed. 26. If it will be claimed that the aforesaid injuries necessitated treatment by any physicians, psychologists, dentists or other therapists, set forth: a The name of each such person. b His/her address. Cc, The dates of plaintiff's treatment. 15, If loss of earnings will be claimed to have resulted from the alleged negligence, set forth the following: a The loss of earnings that will be claimed. b The claimant's occupation at the time of the alleged negligence. c The claimant's gross earnings for the last calendar year prior to the alleged negligence. d. The claimant's gross earnings for any calendar year(s) during which it will be claimed the claimant was incapacitated from work. €. If the claimant was employed by another immediately prior to the alleged incapacitation state: I The name of the employer. ii. The claimant's weekly gross salary at that time. f. If the claimant was in whole or in part self employed, state the claimant's earnings from such self employment for each of the three years prior to the alleged incapacitation. 8 The last date the claimant worked prior to the alleged incapacitation. h, The dates the claimant worked prior to the alleged incapacitation. I The amount and source of any reimbursement to the claimant or others for the alleged loss of earnings. J The name and address of claimant's present employer. 27. State the date of birth of plaintiff. 28. State the residence address of the plaintiff: a. At the time this action was commenced; b, At the time that the acts of this action arose; c. At the present time; d. Set forth the Social Security number of plaintiff(s). 29. If anyone other than the patient has paid or has incurred the expenses claimed in paragraph 16, supra, state the amount, that person's address and relationship, if any, to the patient. 30. If anyone has, or can reasonably be expected to reimburse the patient or others for the expenses claimed in paragraph 16, supra, state the amount or extent of such reimbursement and the name and address of the reimbursor. 31. If the plaintiff is alleging that there is reasonable anticipation that further expenses will be incurred in the future as a result of the alleged negligence, please set forth such expenses, stating the reason for said expenses, including but not limited to: a. Anticipated dentist’s/physician’s charges. b Anticipated hospital charges. Cc. Anticipated charges for medicine. d Anticipated nursing charges. €. Anticipated expenses not named in the preceding categories. 32. If anyone can be reasonably expected to pay or provide reimbursement for any anticipated expenses detailed in the foregoing paragraph, state the person's name, address and. the amount and extent of such payment or reimbursement. 33. If it will be claimed that the defendant(s) performed or undertook any part of the treatment without the patient's informed consent, set forth the following: 34, The risks or complications of the procedure, treatment, or diagnosis, known to the patient before it was performed. b. The information concerning the risks and/or complications imparted to the patient by the defendant(s). Cc. The additional information, if any, which it will be claimed the defendant(s) should have provided the patient concerning the procedure and/or treatment. d Set forth the specific time or times and place or places which plaintiff will allege that any discussion was had with respect to the risks, hazards, and alternatives incidental to the treatment. €. Set forth the names of the person or persons said discussions are alleged to have been with. f. Set forth the names of the person or persons that plaintiff will claim may have been discussed with plaintiff on behalf of the answering defendant(s). & Set forth in detail the substance of the discussion had in each and every instance. h Set forth whether plaintiff ever signed a written consent to or authorization with respect to the treatment herein. I If the answer to (h) is in the affirmative, set forth the dates, items and places in which authorizations or consents, in writing were signed. J Set forth the names of those persons present at the time said authorizations or consents were signed. k. Set forth whether the plaintiff read the consent form. 1 Set forth the substance of the discussion, if any, that was had at the time of the said written authorization or consent. 35. Set forth whether the plaintiff was indemnified in whole or in part for any costs or expenses for which claim is made from any of the following sources: a Insurance of whatever nature. b, Social Security payments. Cc. Worker's compensation. d. Employee benefit program. €. No Fault. 36. If the answer is in the affirmative to the foregoing, set forth in each instance, the following: a. The identity of the firm, person or corporation making such payment. b. The allocation of such payment. Cc. The identifying file number of such person, firm or corporation, if known. 37. Tf loss of consortium is claimed: a Set forth the date and place of marriage of the plaintiffs. b, Set forth the relationship between the plaintiffs at the time of the occurrence and the present time. C. Set forth with particularity the nature of the loss of services alleged and the duration of same, setting forth the specific dates. d. Set forth the date of birth of plaintiff's spouse. Dated: New York, New York August 1, 2012 Yours, etc., KOLENOVSKY SPIEGEL LLP Attomeys for Defendants GEORGE £. ANASTASSOV, M.D., D.D.S. 9 s/h/a GEORGE ANASTRASSOV, M.D., D.D.S. and MAXILLOFACIAL SURGERY SERVICE, L.L.C. By 13.fara Kolenovsky, Esq. 9" Street, Stite 801 0 New York, New York 10001 (2:12)760-2222 TO VALERIE J. CROWN, ESQ. ATTORNEY AT LAW, P.C. Attomeys for Plaintiffs 151 North Main Street 4" Floor New City, New York 10956 DEAN VAFIADIS, D.D.S., Individually and d/b/a NEW YORK SMILE INSTITUTE The Takashimaya Building 693 Fifth Avenue - 14" Floor New York, New York 10022 WENICK & FINGER, P.C. Attorneys for Defendant GARY RUTH, D.D.S8. 28 East 28" Street, 13" Floor New York, New York 10016-7900 (646) 837-0100 File No.: 04110-02697 GARY GOLDSTEIN, D.D.S. 18 East 50" Street New York, new York 10022 BABAK GHALILI, D.D.S 18 Fast 50" Street New York, New York 10022 “JOHN DOE, M.D.”, The name being fictitious but Intended to be the Anesthesiologist who rendered services on plaintiff on September 21, 2011 NAME AND ADDRESS NOT AVAILABLE AT THIS TIME