Preview
FILED: SUFFOLK COUNTY CLERK 03/15/2019 02:27 PM INDEX NO. 603322/2019
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/15/2019
AMM/bk
BH3049
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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AMPARO SADLER, individually, and as Index No.: 603322/19
Administratrix of the Estate of
WILLIAM THOMAS SADLER, SR., deceased, VERIFIED ANSWER
Plaintiff,
-against-
ZAR CHI WIN, M.D., JAHI JOHNSON, CNA,
PATRICK O'CONNELL, R.N., BROOKHAVEN
MEMORIAL HOSPITAL MEDICAL CENTER, INC,
and LONG ISLAND COMMUNITY HOSPITAL
f/k/a BROOKHAVEN MEMORIAL HOSPITAL
MEDICAL CENTER,
Defendants.
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Defendant, LONG ISLAND COMMUNITY HOSPITAL d/b/a BROOKHAVEN
MEMORIAL HOSPITAL MEDICAL CENTER s/h/a LONG ISLAND COMMUNITY
HOSPITAL f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER
(hereinafter referred to as LONG ISLAND COMMUNITY HOSPITAL) by
its attorneys, FUMUSO, KELLY, SWART, FARRELL, POLIN & CHRISTESEN,
LLP as and for its Verified Answer to the Verified Complaint of
the plaintiff herein, respectfully alleges upon information and
belief as follows:
ANSWERING THE FIRST CAUSE OF ACTION:
FIRST: Denies each and every allegation contained in
"1"
paragraph numbered and designated of the plaintiff's Verified
Complaint.
SECOND: Denies knowledge or information sufficient to form
a belief as to each and every allegation contained in paragraphs
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numbered and "2" "3"
designated and of the plaintiff's Verified
Complaint.
THIRD: Denies knowledge or information sufficient to form
a belief as to each and every allegation contained in paragraph
"4"
numbered and designated of the plaintiff's Verified Complaint
except admits LONG ISLAND COMMUNITY HOSPITAL was and is located
at 101 Hospital Road, Patchogue, New York and respectfully
submits all questions of fact and law to this Honorable Court.
FOURTH: Denies knowledge or information sufficient to form
a belief as to each and every allegation contained in paragraphs
"5" "6"
numbered and designated and of the plaintiff's Verified
Complaint except admits LONG ISLAND COMMUNITY HOSPITAL was and
still is a domestic not-for-profit corporation duly organized and
existing under and by virtue of the Laws of the State of New
York.
FIFTH: Denies knowledge or information sufficient to form
a belief as to each and every allegation contained in paragraphs
"11" "12"
numbered and designated "7", "8", and of the
plaintiff's Verified Complaint except admits that LONG ISLAND
COMMUNITY HOSPITAL is located at 101 Hospital Road, Patchogue,
New York and respectfully submits all questions of fact and law
to this Honorable Court.
SIXTH: Denies knowledge or information sufficient to form
a belief as to each and every allegation contained in paragraphs
"9" "13" plaintiff's Verified
numbered and designated and of the
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Complaint and respectfully submits all questions of fact and law
to this Honorable Court.
SEVENTH: Denies knowledge or information sufficient to form
a belief as to each and every allegation contained in paragraphs
"10" "14"
numbered and designated and of the plaintiff's Verified
Complaint except admits that LONG ISLAND COMMUNITY HOSPITAL was
and still is a hospital where medical care and treatment is
rendered.
EIGHTH: Denies each and every allegation contained in
"17" "18"
paragraphs numbered and designated "16", and of the
plaintiff's Verified Complaint.
NINTH: Denies knowledge or information sufficient to form
a belief as to each and allegation contained. in paragraphs
every
"19" "20"
numbered and designated and of the plaintiff's Verified
Complaint and respectfully submits all questions of fact and law
to this Honorable Court.
TENTH: Denies each and every allegation contained in
"22" "23"
paragraphs numbered and designated "21", and of the
plaintiff's Verified Complaint.
ELEVENTH: Denies knowledge or information sufficient to
form a belief as to each and every allegation contained in
"26" "27"
paragraphs designated "24", and of the plaintiff's
Verified Complaint, except admits that this answering defendant
rendered certain professional services to the plaintiff and
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respectfully submits all questions of fact and law to this
Honorable Coúrt.
TWELFTH: Denies each and every allegation contained in
paragraph "25"
numbered and designated of the plaintiff's
Verified Complaint.
THIRTEENTH: Denies each and every allegation contained in
paragraphs numbered and designated "31" and
"28", "29", "30",
"32"
of the plaintiff's Verified Complaint.
ANSWERING THE SECOND CAUSE OF ACTION:
"33"
FOURTEENTH: With respect to paragraph of the
plaintiff's Verified Complaint, the defendant repeats and
"FIRST" through
realleges paragraphs numbered and designated
"THIRTEENTH," inclusive of this Answer.
FIFTEENTH: Denies each and every allegation contained in
"35" "36"
paragraphs numbered and designated "34", and of the
plaintiff's Verified Complaint.
ANSWERING THE THIRD CAUSE OF ACTION:
"37"
SIXTEENTH: With respect to paragraph of the plaintiff's
Verified Complaint, the defendant repeats and realleges
"FIRST" "FIFTEENTH,"
paragraphs numbered and designated through
inclusive of this Answer.
SEVENTEENTH: Denies each and every allegation contained in
"41"
paragraphs numbered and designated "38", "39", "40", and
"42" Verified
of the plaintiff's Complaint.
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ANSWERING THE FOURTH CAUSE OF ACTION:
"43"
EIGHTEENTH: With respect to paragraph of the
plaintiff's Verified Complaint, the defendant repeats and
realleges "FIRST"
paragraphs numbered and designated through
"SEVENTEENTH," inclusive of this Answer.
NINETEENTH: Denies each and every allegation contained in
paragraphs designated "47"
numbered and "44", "45", "46", and of
the plaintiff's Verified Complaint.
ANSWERING THE FIFTH CAUSE OF ACTION:
"48"
TWENTIETH: With respect to paragraph of the
plaintiff's Verified Complaint, the defendant repeats and
"FIRST"
realleges paragraphs numbered and designated through
"NINETEENTH," inclusive of Answer.
this
TWENTY-FIRST: Denies knowledge or information sufficient to
form a belief as to each and every allegation contained in
"49" plaintiff's
paragraphs numbered and designated of the
Verified Complaint.
TWENTY-SECOND: Denies each and every allegation contained in
"50" "51"
paragraphs numbered and designated and of the
plaintiff's Verified Complaint.
AS AND FOR A STATUTORY DEFENSE:
TWENTY-THIRD: Defendant relies on the provision of Public
Health Law 2805-d.
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AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
-
TWENTY-FOURTH: That the injuries of the plaintiff was caused
in whole or in part by his own contributory negligence and/or
culpable conduct and/or by persons and/or events over which this
defendant had no control and his/her/their claims are therefore
barred or the amount of same is diminished accordingly.
AS AND FOR A SECOND AFFIRMA_TIVE DEFENSE:
TWENTY-FIFTH: That the Court does not have jurisdiction of
defendant by reason of the improper service of legal papers upon
said defendant.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE:
TWENTY-SIXTH: That the within action and/or the cause of
action against defendant is barred as not having been brought
within the time prescribed by statute or rule of law.
AS AND FOR A FOURTH AFFIR.MATIVE DEFENSE:
TWENTY-SEVENTH: Upon information and belief, plaintiff
has received remuneration and/or compensation for some or all of
her claimed economic loss and answering defendant is entitled to
have any verdict or judgment reduced by the amount of that
remuneration or compensation pursuant to CPLR 4545..
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
TWENTY-EIGHTH: That the plaintiff's Complaint and/or the
cause of action fails to state a cause of action against the
answering defendant,
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AS AND FOR A SIXTH AFFIRMATIVE DEFENSE:
TWENTY-NINTH: That if any liability is found as against
this answering defendant, then said liability will constitute 50%
or less of the total liability assigned to all persons liable
and, as such, the liability of this answering defendant to
plaintiff for non-economic loss shall be limited and shall not
exceed this answering defendant's equitable share, as provided in
Article 16 of the CPLR.
AS AND FOR A_SEVENTH AFFIRMATIVE DEFENSE:
THIRTIETH: Plaintiff lacks capacity to assert the claims
made within the Verified Complaint.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE:
THIRTY-FIRST: That in the event of any judgment or verdict
on behalf of the plaintiff, this answering defendant is entitled
to a setoff with respect to the amount of any payments made to
the plaintiff prior thereto.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE:
THIRTY-SECOND: That the defendant shall be entitled to a
set off pursuant to the General Obligations Law §15-108 for
reduction in the claim of the Releasor against them to the extent
of any amount stipulated by a prior release or covenant, or the
amount of consideration paid for it, or the amount of the
released tortfeasor's equitable share of the damages under
Article 14 of the CPLR, whichever is the greatest.
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WHEREFORE, defendant demands judgment dismissing the
plaintiff's Verified Complaint herein, together with the costs
and disbursements of this action.
Dated: Hauppauge, New York
March 14, 2019
Yours, etc.,
FUMUSO, KELIçY, SWART, FARRELL,
POLIN & CH STESEN, LLP
ÁÑTHONY M. MAFFIA
Attorneys for Defendant
LONG ISLAND COMMUNITY HOSPITAL
d/b/a BROOKHAVEN MEMORIAL HOSPITAL
MEDICAL CENTER s/h/a LONG ISLAND
COMMUNITY HOSPITAL f/k/a BROOKHAVEN
MEMORIAL HOSPITAL MEDICAL CENTER
110 Marcus Boulevard
Hauppauge, NY 11788
(631) 232-0200
To: BAUMAN & KUNKIS, P.C.
Attorneys for Plaintiff
34"
225 West Street
New York, New York 10122
(212) 564-3555
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AMM/bk
BH3049
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
--------------------------------------X
AMPARO SADLER, individually, and as Index No.: 603322/19
Administratrix of the Estate of
WILLIAM THOMAS SADLER, SR. , deceased, CERTIFICATION
Plaintiff,
-against-
ZAR CHI WIN, M.D., JAHI JOHNSON, CNA,
O'
PATRICK CONNELL, R.N. , BROOKHAVEN
MEMORIAL HOSPITAL MEDICAL CENTER, INC.
and LONG ISLAND COMMUNITY HOSPITAL
f/k/a BROOKHAVEN MEMORIAL HOSPITAL
MEDICAL CENTER,
Defendants.
--------------------------------------X
ANTHONY M. MAFFIA, ESQ., an attorney admitted to practice in
the Courts of New York State, certifies that the within has been
compared by me with the original and found to be a true and
complete copy.
I affirm that the foregoing statements are true, under the
penalties of perjury.
Dated: Hauppauge, New York
March 14, 2019
ANTHONY M. MAFFIA
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Preview
FILED: SUFFOLK COUNTY CLERK 03/15/2019 02:27 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/15/2019 AMM/bk BH3049 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------X AMPARO SADLER, individually, and as Index No.: 603322/19 Administratrix of the Estate of WILLIAM THOMAS SADLER, SR., deceased, VERIFIED ANSWER Plaintiff, -against- ZAR CHI WIN, M.D., JAHI JOHNSON, CNA, PATRICK O'CONNELL, R.N., BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC, and LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, Defendants. --------------------------------------X Defendant, LONG ISLAND COMMUNITY HOSPITAL d/b/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER s/h/a LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER (hereinafter referred to as LONG ISLAND COMMUNITY HOSPITAL) by its attorneys, FUMUSO, KELLY, SWART, FARRELL, POLIN & CHRISTESEN, LLP as and for its Verified Answer to the Verified Complaint of the plaintiff herein, respectfully alleges upon information and belief as follows: ANSWERING THE FIRST CAUSE OF ACTION: FIRST: Denies each and every allegation contained in "1" paragraph numbered and designated of the plaintiff's Verified Complaint. SECOND: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs 1 of 9 FILED: SUFFOLK COUNTY CLERK 03/15/2019 02:27 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/15/2019 numbered and "2" "3" designated and of the plaintiff's Verified Complaint. THIRD: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph "4" numbered and designated of the plaintiff's Verified Complaint except admits LONG ISLAND COMMUNITY HOSPITAL was and is located at 101 Hospital Road, Patchogue, New York and respectfully submits all questions of fact and law to this Honorable Court. FOURTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs "5" "6" numbered and designated and of the plaintiff's Verified Complaint except admits LONG ISLAND COMMUNITY HOSPITAL was and still is a domestic not-for-profit corporation duly organized and existing under and by virtue of the Laws of the State of New York. FIFTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs "11" "12" numbered and designated "7", "8", and of the plaintiff's Verified Complaint except admits that LONG ISLAND COMMUNITY HOSPITAL is located at 101 Hospital Road, Patchogue, New York and respectfully submits all questions of fact and law to this Honorable Court. SIXTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs "9" "13" plaintiff's Verified numbered and designated and of the 2 of 9 FILED: SUFFOLK COUNTY CLERK 03/15/2019 02:27 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/15/2019 Complaint and respectfully submits all questions of fact and law to this Honorable Court. SEVENTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs "10" "14" numbered and designated and of the plaintiff's Verified Complaint except admits that LONG ISLAND COMMUNITY HOSPITAL was and still is a hospital where medical care and treatment is rendered. EIGHTH: Denies each and every allegation contained in "17" "18" paragraphs numbered and designated "16", and of the plaintiff's Verified Complaint. NINTH: Denies knowledge or information sufficient to form a belief as to each and allegation contained. in paragraphs every "19" "20" numbered and designated and of the plaintiff's Verified Complaint and respectfully submits all questions of fact and law to this Honorable Court. TENTH: Denies each and every allegation contained in "22" "23" paragraphs numbered and designated "21", and of the plaintiff's Verified Complaint. ELEVENTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in "26" "27" paragraphs designated "24", and of the plaintiff's Verified Complaint, except admits that this answering defendant rendered certain professional services to the plaintiff and 3 of 9 FILED: SUFFOLK COUNTY CLERK 03/15/2019 02:27 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/15/2019 respectfully submits all questions of fact and law to this Honorable Coúrt. TWELFTH: Denies each and every allegation contained in paragraph "25" numbered and designated of the plaintiff's Verified Complaint. THIRTEENTH: Denies each and every allegation contained in paragraphs numbered and designated "31" and "28", "29", "30", "32" of the plaintiff's Verified Complaint. ANSWERING THE SECOND CAUSE OF ACTION: "33" FOURTEENTH: With respect to paragraph of the plaintiff's Verified Complaint, the defendant repeats and "FIRST" through realleges paragraphs numbered and designated "THIRTEENTH," inclusive of this Answer. FIFTEENTH: Denies each and every allegation contained in "35" "36" paragraphs numbered and designated "34", and of the plaintiff's Verified Complaint. ANSWERING THE THIRD CAUSE OF ACTION: "37" SIXTEENTH: With respect to paragraph of the plaintiff's Verified Complaint, the defendant repeats and realleges "FIRST" "FIFTEENTH," paragraphs numbered and designated through inclusive of this Answer. SEVENTEENTH: Denies each and every allegation contained in "41" paragraphs numbered and designated "38", "39", "40", and "42" Verified of the plaintiff's Complaint. 4 of 9 FILED: SUFFOLK COUNTY CLERK 03/15/2019 02:27 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/15/2019 ANSWERING THE FOURTH CAUSE OF ACTION: "43" EIGHTEENTH: With respect to paragraph of the plaintiff's Verified Complaint, the defendant repeats and realleges "FIRST" paragraphs numbered and designated through "SEVENTEENTH," inclusive of this Answer. NINETEENTH: Denies each and every allegation contained in paragraphs designated "47" numbered and "44", "45", "46", and of the plaintiff's Verified Complaint. ANSWERING THE FIFTH CAUSE OF ACTION: "48" TWENTIETH: With respect to paragraph of the plaintiff's Verified Complaint, the defendant repeats and "FIRST" realleges paragraphs numbered and designated through "NINETEENTH," inclusive of Answer. this TWENTY-FIRST: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in "49" plaintiff's paragraphs numbered and designated of the Verified Complaint. TWENTY-SECOND: Denies each and every allegation contained in "50" "51" paragraphs numbered and designated and of the plaintiff's Verified Complaint. AS AND FOR A STATUTORY DEFENSE: TWENTY-THIRD: Defendant relies on the provision of Public Health Law 2805-d. 5 of 9 FILED: SUFFOLK COUNTY CLERK 03/15/2019 02:27 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/15/2019 AS AND FOR A FIRST AFFIRMATIVE DEFENSE: - TWENTY-FOURTH: That the injuries of the plaintiff was caused in whole or in part by his own contributory negligence and/or culpable conduct and/or by persons and/or events over which this defendant had no control and his/her/their claims are therefore barred or the amount of same is diminished accordingly. AS AND FOR A SECOND AFFIRMA_TIVE DEFENSE: TWENTY-FIFTH: That the Court does not have jurisdiction of defendant by reason of the improper service of legal papers upon said defendant. AS AND FOR A THIRD AFFIRMATIVE DEFENSE: TWENTY-SIXTH: That the within action and/or the cause of action against defendant is barred as not having been brought within the time prescribed by statute or rule of law. AS AND FOR A FOURTH AFFIR.MATIVE DEFENSE: TWENTY-SEVENTH: Upon information and belief, plaintiff has received remuneration and/or compensation for some or all of her claimed economic loss and answering defendant is entitled to have any verdict or judgment reduced by the amount of that remuneration or compensation pursuant to CPLR 4545.. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: TWENTY-EIGHTH: That the plaintiff's Complaint and/or the cause of action fails to state a cause of action against the answering defendant, 6 of 9 FILED: SUFFOLK COUNTY CLERK 03/15/2019 02:27 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/15/2019 AS AND FOR A SIXTH AFFIRMATIVE DEFENSE: TWENTY-NINTH: That if any liability is found as against this answering defendant, then said liability will constitute 50% or less of the total liability assigned to all persons liable and, as such, the liability of this answering defendant to plaintiff for non-economic loss shall be limited and shall not exceed this answering defendant's equitable share, as provided in Article 16 of the CPLR. AS AND FOR A_SEVENTH AFFIRMATIVE DEFENSE: THIRTIETH: Plaintiff lacks capacity to assert the claims made within the Verified Complaint. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE: THIRTY-FIRST: That in the event of any judgment or verdict on behalf of the plaintiff, this answering defendant is entitled to a setoff with respect to the amount of any payments made to the plaintiff prior thereto. AS AND FOR A NINTH AFFIRMATIVE DEFENSE: THIRTY-SECOND: That the defendant shall be entitled to a set off pursuant to the General Obligations Law §15-108 for reduction in the claim of the Releasor against them to the extent of any amount stipulated by a prior release or covenant, or the amount of consideration paid for it, or the amount of the released tortfeasor's equitable share of the damages under Article 14 of the CPLR, whichever is the greatest. 7 of 9 FILED: SUFFOLK COUNTY CLERK 03/15/2019 02:27 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/15/2019 WHEREFORE, defendant demands judgment dismissing the plaintiff's Verified Complaint herein, together with the costs and disbursements of this action. Dated: Hauppauge, New York March 14, 2019 Yours, etc., FUMUSO, KELIçY, SWART, FARRELL, POLIN & CH STESEN, LLP ÁÑTHONY M. MAFFIA Attorneys for Defendant LONG ISLAND COMMUNITY HOSPITAL d/b/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER s/h/a LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER 110 Marcus Boulevard Hauppauge, NY 11788 (631) 232-0200 To: BAUMAN & KUNKIS, P.C. Attorneys for Plaintiff 34" 225 West Street New York, New York 10122 (212) 564-3555 8 of 9 FILED: SUFFOLK COUNTY CLERK 03/15/2019 02:27 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/15/2019 AMM/bk BH3049 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------X AMPARO SADLER, individually, and as Index No.: 603322/19 Administratrix of the Estate of WILLIAM THOMAS SADLER, SR. , deceased, CERTIFICATION Plaintiff, -against- ZAR CHI WIN, M.D., JAHI JOHNSON, CNA, O' PATRICK CONNELL, R.N. , BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, INC. and LONG ISLAND COMMUNITY HOSPITAL f/k/a BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, Defendants. --------------------------------------X ANTHONY M. MAFFIA, ESQ., an attorney admitted to practice in the Courts of New York State, certifies that the within has been compared by me with the original and found to be a true and complete copy. I affirm that the foregoing statements are true, under the penalties of perjury. Dated: Hauppauge, New York March 14, 2019 ANTHONY M. MAFFIA 9 of 9