On July 17, 2019 a
Answer
was filed
involving a dispute between
Ruby Anderson,
and
Mount Sinai Hospitals Group, Inc.,
St. Luke'S Roosevelt Hospital Center,
for Torts - Other Negligence (Personal Injury)
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 10/01/2019 08:58 AM INDEX NO. 156996/2019
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/01/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x
RUBY ANDERSON,
Plaintiff(s), VERIFIED ANSWER TO
- against - AMENDED VERIFIED
COMPLAINT
MOUNT SINAI HOSPITALS GROUP, INC., and
ST. LUKE'S ROOSEVELT HOSPITAL CENTER, Index No. 156996/2019
Defendants.
-X
Counselor:
Defendant, ST. LUKE'S ROOSEVELT HOSPITAL CENTER, by its attorneys,
AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, as and for itsAnswer to plaintiff's
Amended Verified Complaint, respectfully shows to this Court and alleges upon information and
belief:
"FIRST," "SECOND," "THIRD"
1. Denies the allegations contained in paragraphs
"FOURTH"
and in the form alleged, except admits that defendant ST. LUKE'S ROOSEVELT
HOSPITAL CENTER was a fully accredited hospital in the State of New York doing business as
"Mount Sinai St. Luke's", with a campus located at 1111 Amsterdam Avenue, New York, New
York, and respectfully refers all questions of law to this Honorable Court.
"FIFTH"
2. Denies the allegations contained in paragraph in the form alleged except
admits a patient by the name of RUBY ANDERSON was treated at ST. LUKE'S ROOSEVELT
HOSPITAL CENTER, at all times in accordance with good and accepted medical practice, and
defers to the hospital record for the specifies of the plaintiff's treatment thereat.
"SIXTH," "SEVENTH,"
3. Denies the allegations centâined in paragraphs
"EIGHTH," "NINTH," "TENTH" "ELEVENTH."
and
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FILED: NEW YORK COUNTY CLERK 10/01/2019 08:58 AM INDEX NO. 156996/2019
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/01/2019
AS AND FOR THE FIRST AFFIRMATIVE DEFENSE
4. That the injuries claimed plaintiff in the complaint were caused in whole or in
by
part, by the culpable conduct of the plaintiff which either bars the claims completely or else
diminishes the damages by the proportion that such culpable conduct of the plaintiff bears to the
total culpable conduct causing the injuries.
AS AND FOR THE SECOND AFFIRMATIVE DEFENSE
plaintiffs'
5. One or more of the causes of action plead in Complaint fails to state a
cause of action upon which relief can be granted.
AS AND FOR THE THIRD AFFIRMATIVE DEFENSE
6. The liability of the answering defendant(s), if any, is limited pursuant to CPLR
Article 16.
AS AND FOR THE FOURTH AFFIRMATIVE DEFENSE
7. Plaintiff's right to recover demages, if any, are barred in whole or in part pursuant
to the Patient Protection and Affordable Care Act, 26 USCS Section 5000A.
AS AND FOR THE FIFTH AFFIRMATIVE DEFENSE
8. The cause(s) of action set forth in the plaintiff's complaint are barred by CPLR
§3012-a in that the plaintiff have failed to serve a Certificate of Merit as required thatprovision.
by
AS AND FOR THE SIXTH AFFIRMATIVE DEFENSE
9, That the plaintiff has been or will be compensated in whole or in part for the
damages claimed in the complaint by a collateral source of payment as set forth in CPLR §4545.
WHEREFORE, defendant, ST. LUKE'S ROOSEVELT HOSPITAL CENTER, demands
-2-
2 of 3
FILED: NEW YORK COUNTY CLERK 10/01/2019 08:58 AM INDEX NO. 156996/2019
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/01/2019
judgment dismissing the Amended Verified Complaint, together with the costs and disbursements
of the within action.
Dated: New York, New York
October 1, 2019
Yours, et
BY: J. Davi2f Canton
AARONSON RAPPAPORT FEINSTEIN &
DEUTSCH, LLP
Attorneys for Defendant
ST. LUKE'S ROOSEVELT HOSPITAL CENTER
Office & P.O. Address
600 Third Avenue, 5th Floor
New York, NY 10016
(212) 593-1385
To: MORTON POVMAN, P.C.
Office & P.O. Address
108-18 Queens Boulevard
Forest Hills, New York 11375
(718) 268-3000
-3-
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Document Filed Date
October 01, 2019
Case Filing Date
July 17, 2019
Category
Torts - Other Negligence (Personal Injury)
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FILED: NEW YORK COUNTY CLERK 10/01/2019 08:58 AM INDEX NO. 156996/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/01/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x RUBY ANDERSON, Plaintiff(s), VERIFIED ANSWER TO - against - AMENDED VERIFIED COMPLAINT MOUNT SINAI HOSPITALS GROUP, INC., and ST. LUKE'S ROOSEVELT HOSPITAL CENTER, Index No. 156996/2019 Defendants. -X Counselor: Defendant, ST. LUKE'S ROOSEVELT HOSPITAL CENTER, by its attorneys, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, as and for itsAnswer to plaintiff's Amended Verified Complaint, respectfully shows to this Court and alleges upon information and belief: "FIRST," "SECOND," "THIRD" 1. Denies the allegations contained in paragraphs "FOURTH" and in the form alleged, except admits that defendant ST. LUKE'S ROOSEVELT HOSPITAL CENTER was a fully accredited hospital in the State of New York doing business as "Mount Sinai St. Luke's", with a campus located at 1111 Amsterdam Avenue, New York, New York, and respectfully refers all questions of law to this Honorable Court. "FIFTH" 2. Denies the allegations contained in paragraph in the form alleged except admits a patient by the name of RUBY ANDERSON was treated at ST. LUKE'S ROOSEVELT HOSPITAL CENTER, at all times in accordance with good and accepted medical practice, and defers to the hospital record for the specifies of the plaintiff's treatment thereat. "SIXTH," "SEVENTH," 3. Denies the allegations centâined in paragraphs "EIGHTH," "NINTH," "TENTH" "ELEVENTH." and 1 of 3 FILED: NEW YORK COUNTY CLERK 10/01/2019 08:58 AM INDEX NO. 156996/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/01/2019 AS AND FOR THE FIRST AFFIRMATIVE DEFENSE 4. That the injuries claimed plaintiff in the complaint were caused in whole or in by part, by the culpable conduct of the plaintiff which either bars the claims completely or else diminishes the damages by the proportion that such culpable conduct of the plaintiff bears to the total culpable conduct causing the injuries. AS AND FOR THE SECOND AFFIRMATIVE DEFENSE plaintiffs' 5. One or more of the causes of action plead in Complaint fails to state a cause of action upon which relief can be granted. AS AND FOR THE THIRD AFFIRMATIVE DEFENSE 6. The liability of the answering defendant(s), if any, is limited pursuant to CPLR Article 16. AS AND FOR THE FOURTH AFFIRMATIVE DEFENSE 7. Plaintiff's right to recover demages, if any, are barred in whole or in part pursuant to the Patient Protection and Affordable Care Act, 26 USCS Section 5000A. AS AND FOR THE FIFTH AFFIRMATIVE DEFENSE 8. The cause(s) of action set forth in the plaintiff's complaint are barred by CPLR §3012-a in that the plaintiff have failed to serve a Certificate of Merit as required thatprovision. by AS AND FOR THE SIXTH AFFIRMATIVE DEFENSE 9, That the plaintiff has been or will be compensated in whole or in part for the damages claimed in the complaint by a collateral source of payment as set forth in CPLR §4545. WHEREFORE, defendant, ST. LUKE'S ROOSEVELT HOSPITAL CENTER, demands -2- 2 of 3 FILED: NEW YORK COUNTY CLERK 10/01/2019 08:58 AM INDEX NO. 156996/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/01/2019 judgment dismissing the Amended Verified Complaint, together with the costs and disbursements of the within action. Dated: New York, New York October 1, 2019 Yours, et BY: J. Davi2f Canton AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant ST. LUKE'S ROOSEVELT HOSPITAL CENTER Office & P.O. Address 600 Third Avenue, 5th Floor New York, NY 10016 (212) 593-1385 To: MORTON POVMAN, P.C. Office & P.O. Address 108-18 Queens Boulevard Forest Hills, New York 11375 (718) 268-3000 -3- 3 of 3