Preview
INDEX NO. 602642/2012
(FILED: NASSAU COUNTY CLERK 1272172012)
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2012
SUPREME COURT OF THE STATE OF NEW YORK Dated Filed:
COUNTY OF NASSAU
acne neen ence neennennnennnnnannnnndennnnnnseneneenennnaunannnen X Index No.:
FREYDA KOLINSKY and PHILIP KONIGSBERG, as
Executors of the Estate of MAX KONIGSBERG, Plaintiff designates Nassau County
as place of trial
Plaintifi(s),
SUMMONS
-against-
The basis of the venue is:
NORTH SHORE UNIVERSITY HOSPITAL, Defendant's Place of Business
300 Community Drive
Defendant(s). Manhasset, New York 11030
penn eeeecen ene eenne nna nnininnnnennnneeeeneneeneneenenenenennnnne x
To the above named Defendant:
You are hereby summoned to answer the complaint in this action and to serve a copy of
your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the State of New York); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded herein.
Dated: Glen Head, New York
December 3, 2012
‘Son elly, .
KKELLY, GROSSMAN & FLANAGAN, L.L.P.
Attorney(s) for Plaintiff
137 Glen Head Road
Glen Head, New York 11545
(516) 686-6768
TO: North Shore University Hospital
300 Community Drive
Manhasset, NY 11030
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
wa nneeeee tense teen nennneeceeeeene nnn eeneeeeenneeneeeneeeeneeenee xX
FREYDA KOLINSKY and PHILIP KONIGSBERG, as
Executors of the Estate of MAX KONIGSBERG,
Plaintiff(s),
Index No.:
-against-
NORTH SHORE UNIVERSITY HOSPITAL, VERIFIED
COMPLAINT
Defendant(s).
wenn nee n ene n ene e ne eee eee neneneneneenennnnennnannnennanemenneeen,
Plaintiff, by her attorneys, KELLY GROSSMAN & FLANAGAN LLP, complaining of
the Defendant, NORTH SHORE UNIVERSITY HOSPITAL, (the “Defendant”) upon
information and belief respectfully alleges as follows:
GENERAL ALLEGATIONS RELATING TO ALL CAUSES OF ACTION
1 At all times hereinafter mentioned, the Defendant, NORTH SHORE
UNIVERSITY HOSPITAL, was and still is the owner and/or operator of a health care facility,
known as the NORTH SHORE UNIVERSITY HOSPITAL, located at 300 Community Drive,
Manhasset, New York 11030,
2 At all times hereinafter mentioned, the Defendant, NORTH SHORE
UNIVERSITY HOSPITAL, has and/or continues to have its principal place of business located
at 300 Community Drive, Manhasset, New York 11030.
3 At all times hereinafter mentioned, the Defendant was authorized to do business
as a hospital located at 300 Community Drive, Manhasset, New York 11030,
4 At all times hereinafter mentioned, the Defendant, NORTH SHORE
UNIVERSITY HOSPITAL, leased a hospital located at 300 Community Drive, Manhasset, New
York 11030.
5 At all times hereinafter mentioned, the Defendant, NORTH SHORE
UNIVERSITY HOSPITAL, maintained a hospital located at 300 Community Drive, Manhasset,
New York 11030.
6 At all times hereinafter mentioned, the Defendant, NORTH SHORE
UNIVERSITY HOSPITAL, managed a hospital located at 300 Community Drive, Manhasset,
New York 11030.
7 At all times hereinafter mentioned, the Defendant, NORTH SHORE
UNIVERITY HOSPITAL, controlled a hospital located at 300 Community Drive, Manhasset,
New York 11030,
8 At all times _ hereinafter mentioned, the Defendant, NORTH SHORE
UNIVERSITY HOSPITAL, owned a hospital located at 300 Community Drive, Manhasset, New
York 11030.
9 At all times hereinafter mentioned, the Defendant, NORTH SHORE
UNIVERSITY HOSPITAL, operated a hospital located at 300 Community Drive, Manhasset,
New York 11030.
10. At all times hereinafter mentioned, the Defendant, NORTH SHORE
UNIVERSITY HOSPITAL, supervised a hospital located at 300 Community Drive, Manhasset,
New York 11030.
il. At all times hereinafler mentioned, the Defendant, NORTH SHORE
UNIVERSITY HOSPITAL, was inspected as a hospital located at 300 Community Drive,
Manhasset, New York 11030.
12, At all times hereinafter mentioned, the Defendant, NORTH SHORE
UNIVERSITY HOSPITAL, conducted business as a hospital located at 300 Community Drive,
Manhasset, New York 11030.
13, At all times hereinafter mentioned the Defendant, NORTH SHORE
UNIVERSITY HOSPITAL, managed, operated, maintained and controlled itself and its
operations,
14. Upon information and belief, at all times hereinafter mentioned, the Defendant,
NORTH SHORE UNIVERSITY HOSPITAL, held itself out as a hospital duly qualified and
capable of rendering adequate medical services, including treatment/surgery for the public and
for such purposes as required by hired doctors, nurses, and technicians, attendants and other
personnel,
15. Upon information and belief, at all times hereinafter mentioned, the Defendant,
NORTH SHORE UNIVERSITY HOSPITAL, represented that physicians, residents nurses and
other medical personnel in its employ or on its staff were competent and qualified to render
medical care and services in accordance with good and accepted standards of medical care.
16. That in reliance upon the foregoing, the decedent came under and/or submitted
to the care and attention of the Defendant, NORTH SHORE UNIVERSITY HOSPITAL, during
a continuous course of treatment beginning on or about April 1, 2010 and ending on or about
April 13, 2010.
17, This action falls within one or more of the exceptions set forth in Article 16 of
the CPLR.
AS AND FOR A FIRST CAUSE OF ACTION FOR NEGLIGENCE
18. Plaintiff repeats, reiterates and alleges each and every allegation contained in
paragraphs 1-17 of this Complaint with the same force and effect as if same were fully set forth
at length herein,
19. The Defendant had a duty to provide reasonable and appropriate care and failed
to do so.
20, The Defendant and/or their agents, servants, associates, partners, and/or
employees acted negligently, recklessly and/or in otherwise wrongful manner in that they failed
to properly monitor the decedent and preventing him from falling causing serious injury.
21. Plaintiff is seeking to recover any damages for which were covered by insurance
and/or collateral sources for which same Plaintiff is obligated to repay and/or reimburse.
22. As a result of the foregoing acts and/or omissions, decedent was subject to the
Defendant’s negligence, causing decedent to be forced to undergo medical treatment, incur
medical expenses, suffer disfigurement, disability, pain and suffering, mental anguish, and loss
of enjoyment of life.
23. ‘The Defendant lacked sufficient staff to care for decedent.
24, Plaintiff also alleges res ipsa loquitor.
25. As a result of the foregoing, Plaintiff was damaged in sums in excess of the
jurisdictional limit of all lower courts which would otherwise retain jurisdiction over this matter.
AS AND FOR A SECOND CAUSE OF ACTION FOR MEDICAL MALPRACTICE
26. Plaintiff repeats, reiterates and alleges each and every allegation contained in
paragraphs 1-25 of this Complaint with the same force and effect as if same were fully set forth
at length herein.
27, This action falls within one or more of the exceptions as set forth in CPLR §1602,
1602(1),1602(2),1602(3),1602(4), 1603(5),1603(6),1603(7),1603(8),1603(9),1603(10),1603(11)
and 1603(12).
28, ‘That at times hereinafter mentioned Defendant, NORTH SHORE UNIVERSITY
HOSPITAL, is a medical and health care facility licensed to operate in the State of New York
with its principal place of business located at 300 Community Drive, Manhasset, New York
11030.
29, That at all times hereinafter mentioned, NORTH SHORE UNIVERSITY
HOSPITAL, is a domestic corporation, duly organized and existing by virtue of the laws of the
State of New York with its principle place of business located at 300 Community Drive,
Manhasset, New York 11030.
30. That on or about April 1, 2010 decedent was admitted to and was a patient of
NORTH SHORE UNIVERSITY HOSPITAL, through April 13, 2010.
31. Defendant, NORTH SHORE UNIVERSITY HOSPITAL, was negligent in its
care rendered for and on behalf of the decedent in negligently failing and neglecting and
carelessly failing and neglecting to heed decedent’s condition; in negligently and carelessly
departing from good and accepted medical practice in the treatment rendered upon decedent; in
failing to perform indicated procedures and/or improperly said indicated procedures; in
negligently failing to take proper history and physical examination of decedent’s medical
condition prior to instituting treatment; in negligently departing from good and accepted hospital
practice and procedures in services rendered to decedent; in failing to timely diagnose and treat
plaintiff; in failing to take the necessary and customary steps and measures to prevent the
decedent from falling; and in otherwise being careless and negligent.
32, That the care and treatment rendered by Defendants, NORTH SHORE
UNIVERSITY HOSPITAL, its agents, servants and/or employees to decedent was negligent
careless, reckless,
33. and committed acts and/or omissions constituting professional negligence and
were deviations from accepted medical standards and practices in the community then and there
prevailing which deviations from accepted practices and standards resulted in the serious
permanent injuries.
34, That by reason of the foregoing, decedent sustained severe and permanent
personal injuries; extreme conscious pain and suffering, disability, hospitalization and suffered
mental anguish and emotional distress, loss of quality of life and enjoyment of life.
35. That by reason of the foregoing Plaintiff has been damaged against the Defendant
in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have
jurisdiction of this matter.
AS FOR A THIRD CAUSE OF ACTION FOR WRONGFUL DEATH
36. Plaintiff repeats, reiterates and alleges each and every allegation contained in
paragraphs 1-34 of this Complaint with the same force and effect as it set forth fully herein.
37. As a result of the negligence and violations of statue of the Defendant and
separately through their agents, servant, associates and/or employees and without any negligence
or want of care of part of the decedent, the decedent was cased to suffer unnecessary and
excruciating pain, disability, discomfort and suffering which resulted in his wrongful death on
April 13, 2010.
38. As a result of Defendant’s negligence, carelessness and recklessness in violating
numerous statutes, laws and ordinances including 42 CFR Section 483.20 and 10 NYCRR
Section 415.12, as aforesaid, the distributees of the decedent have suffered damages, including
pecuniary loss, as a result of the wrongful death of the deceased,
WHEREFORE, plaintiff demands judgment against the Defendant(s) herein on the
FIRST Cause of Action in a sum in excess of the jurisdictional limit of all lower courts which
may otherwise retain jurisdiction as well as punitive damages and costs; on the SECOND Cause
of Action in a sum in excess of the jurisdictional limit of all lower courts; on the THIRD Cause
of Action in a sum in excess of the jurisdictional limit of all lower courts; along with costs and
disbursements of this action.
JURY DEMAND
Plaintiff demands a trial by a jury on all of the triable issues of this complaint.
Dated: Glen Head, New York
December 3, 2012
Yours, etc.,
4, GROSSM. GAN, L.L.P.
“ =
Dammit elly, Gsq.
Attorneys for Plaintiff
137 Glen Head Road
Glen Head, New York 11545
Telephone: (516) 686-6768
Facsimile: (516) 686-6771
VERIFICATION
STATE OF NEW YORK )
}ss.:
COUNTY OF NASSAU )
Freyda Kolinsky, being duly sworn, deposes and says that deponent is the Plaintiff in the
within action; that deponent has read the foregoing: Summons and Complaint and knows the
contents thereof; that the same is true to deponent’s own knowledge, except as to the matter
therein stated to be alleged on information and belief; and that as to those matters deponent
believes to be true.
6, Vols (LS.)
Freyda Kolinsky
Sworn to before
SS fis
Y)
day of De » 2012
21 ff
Only (x KK
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
wn nn nn nnn ene nnn nnn eennnnnnenenene X
FREYDA KOLINSKY and PHILIP KONIGSBERG, as
Executors of the Estate of MAX KONIGSBERG,
Plaintiff(s),
-against-
NORTH SHORE UNIVERSITY HOSPITAL
Defendant(s).
meee enn enti teen eee en ene eee ene ene nennne)
SUMMONS AND COMPLAINT
KELLY, GROSSMAN & FLANAGAN, L.L.P.
137 Glen Head Road
Glen Head, New York 11545
Telephone: (516) 686-6768
Facsimile: (516) 686-6771
Pursuant to 22 NYCRR 130.1.1, the undersigned, and attorney admitted to practice in, Y of New York State,
certifies that, upon information ad belief and reasonable inquiry, contention: in the annexed
documents are not frivolous.
Dated: December 3, 2012 Signature: pon, Poke
Print Nant. ip
Service of a copy of the within Summons and Complaint is hereby admitted
Dated: December 3, 2012
Attorney(s) for Plaintiff
PLEASE TAKE NOTICE
[} that the within is a (certified) true copy ofa entered in the
Office of the clerk of the within names court on
C1) that the of which the within is a true copy will be presented for
Settlement to the Hon. , one of the judges of the within nantes court, on
Dated:
Preview
INDEX NO. 602642/2012 (FILED: NASSAU COUNTY CLERK 1272172012) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2012 SUPREME COURT OF THE STATE OF NEW YORK Dated Filed: COUNTY OF NASSAU acne neen ence neennennnennnnnannnnndennnnnnseneneenennnaunannnen X Index No.: FREYDA KOLINSKY and PHILIP KONIGSBERG, as Executors of the Estate of MAX KONIGSBERG, Plaintiff designates Nassau County as place of trial Plaintifi(s), SUMMONS -against- The basis of the venue is: NORTH SHORE UNIVERSITY HOSPITAL, Defendant's Place of Business 300 Community Drive Defendant(s). Manhasset, New York 11030 penn eeeecen ene eenne nna nnininnnnennnneeeeneneeneneenenenenennnnne x To the above named Defendant: You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded herein. Dated: Glen Head, New York December 3, 2012 ‘Son elly, . KKELLY, GROSSMAN & FLANAGAN, L.L.P. Attorney(s) for Plaintiff 137 Glen Head Road Glen Head, New York 11545 (516) 686-6768 TO: North Shore University Hospital 300 Community Drive Manhasset, NY 11030 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU wa nneeeee tense teen nennneeceeeeene nnn eeneeeeenneeneeeneeeeneeenee xX FREYDA KOLINSKY and PHILIP KONIGSBERG, as Executors of the Estate of MAX KONIGSBERG, Plaintiff(s), Index No.: -against- NORTH SHORE UNIVERSITY HOSPITAL, VERIFIED COMPLAINT Defendant(s). wenn nee n ene n ene e ne eee eee neneneneneenennnnennnannnennanemenneeen, Plaintiff, by her attorneys, KELLY GROSSMAN & FLANAGAN LLP, complaining of the Defendant, NORTH SHORE UNIVERSITY HOSPITAL, (the “Defendant”) upon information and belief respectfully alleges as follows: GENERAL ALLEGATIONS RELATING TO ALL CAUSES OF ACTION 1 At all times hereinafter mentioned, the Defendant, NORTH SHORE UNIVERSITY HOSPITAL, was and still is the owner and/or operator of a health care facility, known as the NORTH SHORE UNIVERSITY HOSPITAL, located at 300 Community Drive, Manhasset, New York 11030, 2 At all times hereinafter mentioned, the Defendant, NORTH SHORE UNIVERSITY HOSPITAL, has and/or continues to have its principal place of business located at 300 Community Drive, Manhasset, New York 11030. 3 At all times hereinafter mentioned, the Defendant was authorized to do business as a hospital located at 300 Community Drive, Manhasset, New York 11030, 4 At all times hereinafter mentioned, the Defendant, NORTH SHORE UNIVERSITY HOSPITAL, leased a hospital located at 300 Community Drive, Manhasset, New York 11030. 5 At all times hereinafter mentioned, the Defendant, NORTH SHORE UNIVERSITY HOSPITAL, maintained a hospital located at 300 Community Drive, Manhasset, New York 11030. 6 At all times hereinafter mentioned, the Defendant, NORTH SHORE UNIVERSITY HOSPITAL, managed a hospital located at 300 Community Drive, Manhasset, New York 11030. 7 At all times hereinafter mentioned, the Defendant, NORTH SHORE UNIVERITY HOSPITAL, controlled a hospital located at 300 Community Drive, Manhasset, New York 11030, 8 At all times _ hereinafter mentioned, the Defendant, NORTH SHORE UNIVERSITY HOSPITAL, owned a hospital located at 300 Community Drive, Manhasset, New York 11030. 9 At all times hereinafter mentioned, the Defendant, NORTH SHORE UNIVERSITY HOSPITAL, operated a hospital located at 300 Community Drive, Manhasset, New York 11030. 10. At all times hereinafter mentioned, the Defendant, NORTH SHORE UNIVERSITY HOSPITAL, supervised a hospital located at 300 Community Drive, Manhasset, New York 11030. il. At all times hereinafler mentioned, the Defendant, NORTH SHORE UNIVERSITY HOSPITAL, was inspected as a hospital located at 300 Community Drive, Manhasset, New York 11030. 12, At all times hereinafter mentioned, the Defendant, NORTH SHORE UNIVERSITY HOSPITAL, conducted business as a hospital located at 300 Community Drive, Manhasset, New York 11030. 13, At all times hereinafter mentioned the Defendant, NORTH SHORE UNIVERSITY HOSPITAL, managed, operated, maintained and controlled itself and its operations, 14. Upon information and belief, at all times hereinafter mentioned, the Defendant, NORTH SHORE UNIVERSITY HOSPITAL, held itself out as a hospital duly qualified and capable of rendering adequate medical services, including treatment/surgery for the public and for such purposes as required by hired doctors, nurses, and technicians, attendants and other personnel, 15. Upon information and belief, at all times hereinafter mentioned, the Defendant, NORTH SHORE UNIVERSITY HOSPITAL, represented that physicians, residents nurses and other medical personnel in its employ or on its staff were competent and qualified to render medical care and services in accordance with good and accepted standards of medical care. 16. That in reliance upon the foregoing, the decedent came under and/or submitted to the care and attention of the Defendant, NORTH SHORE UNIVERSITY HOSPITAL, during a continuous course of treatment beginning on or about April 1, 2010 and ending on or about April 13, 2010. 17, This action falls within one or more of the exceptions set forth in Article 16 of the CPLR. AS AND FOR A FIRST CAUSE OF ACTION FOR NEGLIGENCE 18. Plaintiff repeats, reiterates and alleges each and every allegation contained in paragraphs 1-17 of this Complaint with the same force and effect as if same were fully set forth at length herein, 19. The Defendant had a duty to provide reasonable and appropriate care and failed to do so. 20, The Defendant and/or their agents, servants, associates, partners, and/or employees acted negligently, recklessly and/or in otherwise wrongful manner in that they failed to properly monitor the decedent and preventing him from falling causing serious injury. 21. Plaintiff is seeking to recover any damages for which were covered by insurance and/or collateral sources for which same Plaintiff is obligated to repay and/or reimburse. 22. As a result of the foregoing acts and/or omissions, decedent was subject to the Defendant’s negligence, causing decedent to be forced to undergo medical treatment, incur medical expenses, suffer disfigurement, disability, pain and suffering, mental anguish, and loss of enjoyment of life. 23. ‘The Defendant lacked sufficient staff to care for decedent. 24, Plaintiff also alleges res ipsa loquitor. 25. As a result of the foregoing, Plaintiff was damaged in sums in excess of the jurisdictional limit of all lower courts which would otherwise retain jurisdiction over this matter. AS AND FOR A SECOND CAUSE OF ACTION FOR MEDICAL MALPRACTICE 26. Plaintiff repeats, reiterates and alleges each and every allegation contained in paragraphs 1-25 of this Complaint with the same force and effect as if same were fully set forth at length herein. 27, This action falls within one or more of the exceptions as set forth in CPLR §1602, 1602(1),1602(2),1602(3),1602(4), 1603(5),1603(6),1603(7),1603(8),1603(9),1603(10),1603(11) and 1603(12). 28, ‘That at times hereinafter mentioned Defendant, NORTH SHORE UNIVERSITY HOSPITAL, is a medical and health care facility licensed to operate in the State of New York with its principal place of business located at 300 Community Drive, Manhasset, New York 11030. 29, That at all times hereinafter mentioned, NORTH SHORE UNIVERSITY HOSPITAL, is a domestic corporation, duly organized and existing by virtue of the laws of the State of New York with its principle place of business located at 300 Community Drive, Manhasset, New York 11030. 30. That on or about April 1, 2010 decedent was admitted to and was a patient of NORTH SHORE UNIVERSITY HOSPITAL, through April 13, 2010. 31. Defendant, NORTH SHORE UNIVERSITY HOSPITAL, was negligent in its care rendered for and on behalf of the decedent in negligently failing and neglecting and carelessly failing and neglecting to heed decedent’s condition; in negligently and carelessly departing from good and accepted medical practice in the treatment rendered upon decedent; in failing to perform indicated procedures and/or improperly said indicated procedures; in negligently failing to take proper history and physical examination of decedent’s medical condition prior to instituting treatment; in negligently departing from good and accepted hospital practice and procedures in services rendered to decedent; in failing to timely diagnose and treat plaintiff; in failing to take the necessary and customary steps and measures to prevent the decedent from falling; and in otherwise being careless and negligent. 32, That the care and treatment rendered by Defendants, NORTH SHORE UNIVERSITY HOSPITAL, its agents, servants and/or employees to decedent was negligent careless, reckless, 33. and committed acts and/or omissions constituting professional negligence and were deviations from accepted medical standards and practices in the community then and there prevailing which deviations from accepted practices and standards resulted in the serious permanent injuries. 34, That by reason of the foregoing, decedent sustained severe and permanent personal injuries; extreme conscious pain and suffering, disability, hospitalization and suffered mental anguish and emotional distress, loss of quality of life and enjoyment of life. 35. That by reason of the foregoing Plaintiff has been damaged against the Defendant in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction of this matter. AS FOR A THIRD CAUSE OF ACTION FOR WRONGFUL DEATH 36. Plaintiff repeats, reiterates and alleges each and every allegation contained in paragraphs 1-34 of this Complaint with the same force and effect as it set forth fully herein. 37. As a result of the negligence and violations of statue of the Defendant and separately through their agents, servant, associates and/or employees and without any negligence or want of care of part of the decedent, the decedent was cased to suffer unnecessary and excruciating pain, disability, discomfort and suffering which resulted in his wrongful death on April 13, 2010. 38. As a result of Defendant’s negligence, carelessness and recklessness in violating numerous statutes, laws and ordinances including 42 CFR Section 483.20 and 10 NYCRR Section 415.12, as aforesaid, the distributees of the decedent have suffered damages, including pecuniary loss, as a result of the wrongful death of the deceased, WHEREFORE, plaintiff demands judgment against the Defendant(s) herein on the FIRST Cause of Action in a sum in excess of the jurisdictional limit of all lower courts which may otherwise retain jurisdiction as well as punitive damages and costs; on the SECOND Cause of Action in a sum in excess of the jurisdictional limit of all lower courts; on the THIRD Cause of Action in a sum in excess of the jurisdictional limit of all lower courts; along with costs and disbursements of this action. JURY DEMAND Plaintiff demands a trial by a jury on all of the triable issues of this complaint. Dated: Glen Head, New York December 3, 2012 Yours, etc., 4, GROSSM. GAN, L.L.P. “ = Dammit elly, Gsq. Attorneys for Plaintiff 137 Glen Head Road Glen Head, New York 11545 Telephone: (516) 686-6768 Facsimile: (516) 686-6771 VERIFICATION STATE OF NEW YORK ) }ss.: COUNTY OF NASSAU ) Freyda Kolinsky, being duly sworn, deposes and says that deponent is the Plaintiff in the within action; that deponent has read the foregoing: Summons and Complaint and knows the contents thereof; that the same is true to deponent’s own knowledge, except as to the matter therein stated to be alleged on information and belief; and that as to those matters deponent believes to be true. 6, Vols (LS.) Freyda Kolinsky Sworn to before SS fis Y) day of De » 2012 21 ff Only (x KK Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU wn nn nn nnn ene nnn nnn eennnnnnenenene X FREYDA KOLINSKY and PHILIP KONIGSBERG, as Executors of the Estate of MAX KONIGSBERG, Plaintiff(s), -against- NORTH SHORE UNIVERSITY HOSPITAL Defendant(s). meee enn enti teen eee en ene eee ene ene nennne) SUMMONS AND COMPLAINT KELLY, GROSSMAN & FLANAGAN, L.L.P. 137 Glen Head Road Glen Head, New York 11545 Telephone: (516) 686-6768 Facsimile: (516) 686-6771 Pursuant to 22 NYCRR 130.1.1, the undersigned, and attorney admitted to practice in, Y of New York State, certifies that, upon information ad belief and reasonable inquiry, contention: in the annexed documents are not frivolous. Dated: December 3, 2012 Signature: pon, Poke Print Nant. ip Service of a copy of the within Summons and Complaint is hereby admitted Dated: December 3, 2012 Attorney(s) for Plaintiff PLEASE TAKE NOTICE [} that the within is a (certified) true copy ofa entered in the Office of the clerk of the within names court on C1) that the of which the within is a true copy will be presented for Settlement to the Hon. , one of the judges of the within nantes court, on Dated: