Preview
FILED: NEW YORK COUNTY CLERK 07/17/2019 05:11 PM INDEX NO. 156996/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019
Filed:
SUPREME COURT OF THE STATE OF NEW YORK Index No.
COUNTY OF NEW YORK
---------------------------------------X Plaintiff designates
RUBY ANDERSON, New York as the
County
Place of Trial
Plaintiff, The basis of venue is
the Plaintiff's
-against- Residence
SUMMONS
MOUNT SINAI HOSPITALS GROUP, INC. Plaintiff resides at
2289 Fifth Avenue
New York, New York
Defendant,
County of New York
-_________----------------------------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 in the complaint.
Dated: Forest Hills, New York
July 16, 2019
MORTON POVMAN, P.C.
Attorney for Plaintiff
Office & P. O. Address
108-18 Queens Boulevard
Forest Hills, New York 11375
(718) 268-3000
Defendant'
s__Address :
MOUNT SINAI HOSPITALS GROUP, INC. (SOS)
One Gustave L. Levy Place
New York, New York 10029
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------X
RUBY ANDERSON,
VERIFIED
COMPLAINT
Plaintiffs,
-against-
INDEX #
MOUNT SINAI HOSPITALS GROUP, INC.
Defendant,
---------------------------------------X
Plaintiff, complaining of the defendant, by her attorney,
MORTON POVMAN, P.C., respectfully alleges as follows:
FIRST: Upon information and belief, that at all times
hereinafter mentioned on June 3, 2019 the defendant, MOUNT SINAI
HOSPITALS GROUP, INC. was and still is a domestic business
corporation doing business in the State of New York.
SECOND: Upon information and belief, that at all times
hereinafter mentioned on June 3, 2019 the defendant, MOUNT SINAI
HOSPITALS GROUP, INC. owned a hospital facility located at 1111
Amsterdam Avenue, New York, NY 10025.
THIRD: Upon information and belief, that at all times
hereinafter mentioned on June 3, 2019 the defendant, MOUNT SINAI
HOSPITALS GROUP, INC. operated a hospital facility located at 1111
Amsterdam Avenue, New York, NY 10025.
FOURTH: At all times hereinafter mentioned, on June 3,
2019 the said hospital was and is known as MOUNT SINAI ST. LUKE'S
HOSPITAL.
FIFTH: That at all times hereinafter mentioned on June
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FILED: NEW YORK COUNTY CLERK 07/17/2019 05:11 PM INDEX NO. 156996/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019
3, 2019 the plaintiff, RUBY ANDERSON, was a patient at the MOUNT
SINAI ST LUKE'S Hospital located at 1111 Amsterdam Ave., New York,
NY 10025.
SIXTH: Upon information and belief, that at all times
hereinafter mentioned, it was the duty of the defendant, its
agents, servants and/or employees, to manage, maintain, operate and
control the various portions of MOUNT SINAI ST LUKE'S HOSPITAL and
to supervise and render care and attention to the patients who were
being treated at the hospital in a manner that would prevent said
patients from being exposed to dangerous or unsafe conditions and
to render proper and safe services to said patients.
3rd
SEVENTH: That on or about the day Of June, 2019 while
RUBY ANDERSON, was a patient of the MOUNT SINAI ST LUKE'S HOSPITAL,
she was caused to suffer severe burn injury to her left leg by
reason of the negligence of the defendant, its agents, servants,
and employees, of the defendant MOUNT SINAI HOSPITAL GROUP, INC.
EIGHTH: That the said occurrence was due to no fault or
want of care on the part of RUBY ANDERSON, but was caused wholly
and solely through the negligence and carelessness of the
defendant, its agents, servants and/or employees.
NINTH: That the defendant, its agents, servants and/or
employees were negligent and careless in maintaining and operating
the said premises in a dangerous, defective and unsafe condition
and in such a manner as to constitute a menace, danger and a trap
to patients lawfully upon the same; in failing to properly assist
the plaintiff; in improperly placing an overly hot beverage on a
beside table for the plaintiff; in leaving said overly hot beverage
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FILED: NEW YORK COUNTY CLERK 07/17/2019 05:11 PM INDEX NO. 156996/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019
unattended while next to the bed of the plaintiff; in causing,
permitting and/or failing to prevent the overly hot beverage from
spilling on the left leg of the plaintiff who was disabled and
unable to handle the hot beverage without assistance from the
defendant's staff; in failing to use due care to prevent the
plaintiff from sustaining burn injuries; in causing, permitting and
allowing plaintiff to be exposed to a foreseeably unsafe condition;
in failing and omitting to give notice or warning of the dangerous
condition that plaintiff was negligently exposed to; in failing and
omitting to properly attend to the plaintiff in her bed; in
suffering, causing and permitting its employees to negligently
pursue the care and treatment to plaintiff; in departing from
accepted hospital practices; in violating the rules and regulations
of the hospital; in failing to correct or abate said condition in
a timely fashion; in failing to give plaintiff notice or warning of
said dangerous and unsafe conditions; in failing to follow the
customs and usages in such cases made and provided; in carelessly
selecting, retaining and supervising its employees; plaintiff
further relies on the doctrine of RES IPSA LOQUITUR; and in failing
to exercise due, adequate and reasonable care in general to avoid
injury to plaintiff.
TENTH: That solely by reason of the aforesaid
circumstances, RUBY ANDERSON, was severely injured in and about
various parts of her person, suffered great physical and mental
pain and bodily injuries and became sick, sore, lame and disabled;
that she was rendered unable to attend to her usual affairs and
that she was otherwise damaged.
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ELEVENTH: That solely by reason of th
circumstances the plaintiff, RUBY ANDERSON, has been
amount which exceeds the jurisdictional requirements
Courts.
WHEREFORE: The plaintiff, RUBY ANDERSO
judgment against the defendant in an amount which
jurisdictional requirements of all lower Courts togethe
costs and disbursements of this action.
Y s, etc.
THOMAS MOUNTFORT,
MORTON POVMAN, P.C.
Attorney for plaintiff
108-18 Queens Blvd.
Forest Hills, New
(718) 268-3000
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019
STATE OF NEW YORK )
ss:-
COUNTY OF QUEENS )
THOMAS J. MOUNTFORT, ESQ., an attorney admitted to
the Courts of New York.
I am associated with the law office of MORTON
the attorney of record for plaintiff in the within ac
Deponent has read the foregoing SUMMONS A
COMPLAINT, and knows the contents thereof; the same
deponent's own knowledge, except as to the matters th
to be alleged upon information and belief, and that
matters, deponent believes it to be true. This verifi
made by deponent and not by plaintiff, because plaintiff
reside within the County where your affiant maintains
The grounds of deponent's belief as to all
stated upon deponent's knowledge are as follows:
Investigation and information contained
file.
The undersigned affirms that the foregoing s
true, under penalties of perjury.
Dated: Forest Hills, New York
6 of 7
July 16, 2019
FILED: NEW YORK COUNTY CLERK 07/17/2019 05:11 PM INDEX NO. 156996/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019
Index No. Year
Calendar
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
RUBY ANDERSON,
Plaintiff,
-against-
MOUNT SINAI HOSPITALS GROUP, INC.
Defendant,
SUMMONS AND VERIFIED COMPLAINT
MORTON POVMAN, P .C .
Attorney for Plaintiff
Office and Post Office Address, Telephone
108-18 Queens Boulevard
Forest Hills, New York 11375
(718) 268-3000
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney
to practice in the Courts of New York State, certifies
information and belief and reasonable inquiry, the
contained in the annexed document are not frivolous
THOMAS MOU
MORTON POVMAN,
PLEASE TAKE NOTICE :
NOTICE OF ENTRY
EEat the within is a (certified)true copy of an
duly entered in the office of the clerk in the within
on
NOTICE OF SETTLEMENT
EEat an order of which the within
will be presented for7 of 7
settlement to the HON.
Preview
FILED: NEW YORK COUNTY CLERK 07/17/2019 05:11 PM INDEX NO. 156996/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 Filed: SUPREME COURT OF THE STATE OF NEW YORK Index No. COUNTY OF NEW YORK ---------------------------------------X Plaintiff designates RUBY ANDERSON, New York as the County Place of Trial Plaintiff, The basis of venue is the Plaintiff's -against- Residence SUMMONS MOUNT SINAI HOSPITALS GROUP, INC. Plaintiff resides at 2289 Fifth Avenue New York, New York Defendant, County of New York -_________----------------------------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 in the complaint. Dated: Forest Hills, New York July 16, 2019 MORTON POVMAN, P.C. Attorney for Plaintiff Office & P. O. Address 108-18 Queens Boulevard Forest Hills, New York 11375 (718) 268-3000 Defendant' s__Address : MOUNT SINAI HOSPITALS GROUP, INC. (SOS) One Gustave L. Levy Place New York, New York 10029 1 of 7 FILED: NEW YORK COUNTY CLERK 07/17/2019 05:11 PM INDEX NO. 156996/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------X RUBY ANDERSON, VERIFIED COMPLAINT Plaintiffs, -against- INDEX # MOUNT SINAI HOSPITALS GROUP, INC. Defendant, ---------------------------------------X Plaintiff, complaining of the defendant, by her attorney, MORTON POVMAN, P.C., respectfully alleges as follows: FIRST: Upon information and belief, that at all times hereinafter mentioned on June 3, 2019 the defendant, MOUNT SINAI HOSPITALS GROUP, INC. was and still is a domestic business corporation doing business in the State of New York. SECOND: Upon information and belief, that at all times hereinafter mentioned on June 3, 2019 the defendant, MOUNT SINAI HOSPITALS GROUP, INC. owned a hospital facility located at 1111 Amsterdam Avenue, New York, NY 10025. THIRD: Upon information and belief, that at all times hereinafter mentioned on June 3, 2019 the defendant, MOUNT SINAI HOSPITALS GROUP, INC. operated a hospital facility located at 1111 Amsterdam Avenue, New York, NY 10025. FOURTH: At all times hereinafter mentioned, on June 3, 2019 the said hospital was and is known as MOUNT SINAI ST. LUKE'S HOSPITAL. FIFTH: That at all times hereinafter mentioned on June 2 of 7 FILED: NEW YORK COUNTY CLERK 07/17/2019 05:11 PM INDEX NO. 156996/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 3, 2019 the plaintiff, RUBY ANDERSON, was a patient at the MOUNT SINAI ST LUKE'S Hospital located at 1111 Amsterdam Ave., New York, NY 10025. SIXTH: Upon information and belief, that at all times hereinafter mentioned, it was the duty of the defendant, its agents, servants and/or employees, to manage, maintain, operate and control the various portions of MOUNT SINAI ST LUKE'S HOSPITAL and to supervise and render care and attention to the patients who were being treated at the hospital in a manner that would prevent said patients from being exposed to dangerous or unsafe conditions and to render proper and safe services to said patients. 3rd SEVENTH: That on or about the day Of June, 2019 while RUBY ANDERSON, was a patient of the MOUNT SINAI ST LUKE'S HOSPITAL, she was caused to suffer severe burn injury to her left leg by reason of the negligence of the defendant, its agents, servants, and employees, of the defendant MOUNT SINAI HOSPITAL GROUP, INC. EIGHTH: That the said occurrence was due to no fault or want of care on the part of RUBY ANDERSON, but was caused wholly and solely through the negligence and carelessness of the defendant, its agents, servants and/or employees. NINTH: That the defendant, its agents, servants and/or employees were negligent and careless in maintaining and operating the said premises in a dangerous, defective and unsafe condition and in such a manner as to constitute a menace, danger and a trap to patients lawfully upon the same; in failing to properly assist the plaintiff; in improperly placing an overly hot beverage on a beside table for the plaintiff; in leaving said overly hot beverage 3 of 7 FILED: NEW YORK COUNTY CLERK 07/17/2019 05:11 PM INDEX NO. 156996/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 unattended while next to the bed of the plaintiff; in causing, permitting and/or failing to prevent the overly hot beverage from spilling on the left leg of the plaintiff who was disabled and unable to handle the hot beverage without assistance from the defendant's staff; in failing to use due care to prevent the plaintiff from sustaining burn injuries; in causing, permitting and allowing plaintiff to be exposed to a foreseeably unsafe condition; in failing and omitting to give notice or warning of the dangerous condition that plaintiff was negligently exposed to; in failing and omitting to properly attend to the plaintiff in her bed; in suffering, causing and permitting its employees to negligently pursue the care and treatment to plaintiff; in departing from accepted hospital practices; in violating the rules and regulations of the hospital; in failing to correct or abate said condition in a timely fashion; in failing to give plaintiff notice or warning of said dangerous and unsafe conditions; in failing to follow the customs and usages in such cases made and provided; in carelessly selecting, retaining and supervising its employees; plaintiff further relies on the doctrine of RES IPSA LOQUITUR; and in failing to exercise due, adequate and reasonable care in general to avoid injury to plaintiff. TENTH: That solely by reason of the aforesaid circumstances, RUBY ANDERSON, was severely injured in and about various parts of her person, suffered great physical and mental pain and bodily injuries and became sick, sore, lame and disabled; that she was rendered unable to attend to her usual affairs and that she was otherwise damaged. 4 of 7 FILED: NEW YORK COUNTY CLERK 07/17/2019 05:11 PM INDEX NO. 156996/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 ELEVENTH: That solely by reason of th circumstances the plaintiff, RUBY ANDERSON, has been amount which exceeds the jurisdictional requirements Courts. WHEREFORE: The plaintiff, RUBY ANDERSO judgment against the defendant in an amount which jurisdictional requirements of all lower Courts togethe costs and disbursements of this action. Y s, etc. THOMAS MOUNTFORT, MORTON POVMAN, P.C. Attorney for plaintiff 108-18 Queens Blvd. Forest Hills, New (718) 268-3000 5 of 7 FILED: NEW YORK COUNTY CLERK 07/17/2019 05:11 PM INDEX NO. 156996/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 STATE OF NEW YORK ) ss:- COUNTY OF QUEENS ) THOMAS J. MOUNTFORT, ESQ., an attorney admitted to the Courts of New York. I am associated with the law office of MORTON the attorney of record for plaintiff in the within ac Deponent has read the foregoing SUMMONS A COMPLAINT, and knows the contents thereof; the same deponent's own knowledge, except as to the matters th to be alleged upon information and belief, and that matters, deponent believes it to be true. This verifi made by deponent and not by plaintiff, because plaintiff reside within the County where your affiant maintains The grounds of deponent's belief as to all stated upon deponent's knowledge are as follows: Investigation and information contained file. The undersigned affirms that the foregoing s true, under penalties of perjury. Dated: Forest Hills, New York 6 of 7 July 16, 2019 FILED: NEW YORK COUNTY CLERK 07/17/2019 05:11 PM INDEX NO. 156996/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 Index No. Year Calendar SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK RUBY ANDERSON, Plaintiff, -against- MOUNT SINAI HOSPITALS GROUP, INC. Defendant, SUMMONS AND VERIFIED COMPLAINT MORTON POVMAN, P .C . Attorney for Plaintiff Office and Post Office Address, Telephone 108-18 Queens Boulevard Forest Hills, New York 11375 (718) 268-3000 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney to practice in the Courts of New York State, certifies information and belief and reasonable inquiry, the contained in the annexed document are not frivolous THOMAS MOU MORTON POVMAN, PLEASE TAKE NOTICE : NOTICE OF ENTRY EEat the within is a (certified)true copy of an duly entered in the office of the clerk in the within on NOTICE OF SETTLEMENT EEat an order of which the within will be presented for7 of 7 settlement to the HON.