Preview
FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019
NYSCEF DOC. NO. 29 RECEIVED NYSCEF:
· INDEX NO. 04/12/2019
603322/2019
|FILED: SUFFOLK COUNTY CLE1UC
NYSCEF DOC. NO. 10 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, PATRICK O'CONNELL, R.N. by his attorneys, FUMUSO,
KELLY, SWART, FARRELL, POLIN & CHRISTESEN, LLP as and for his
Verified Answer to the. Verified Complaint of the plaintiff
herein, respectfully alleges upon information and belief as
follows:
Al¶ÇWERING 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
"2" "3"
numbered and designated and of the plaintiff's Verified
Complaint.
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THIRD: Denies knowledge or information sufficient to form
a belief as to each and every allegation contained in paragraphs
numbered and designated "4" "12"
, "S", "6", "7", "8", "9", "11",
and "13"
of the plaintiff's Verified Complaint 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
numbered "15" "16"
and designated "10", "14", and of the
plaintiff's Verified Complaint.
FIFTH: Denies knowledge or information sufficient to form
a belief as to each and every allegation contained in paragraph
numbered "17" Verified
and designated of the plaintiff's
Complaint except admits PATRICK O'CONNELL, R.N. was and still is
a Registered Nurse under the laws of the State of New York.
SIXTH: Denies knowledge or information sufficient to form
a belief as to each and every allegation contained in paragraphs
"22" "23"
numbered and designated "18", "19", "20", "21", and of
the plaintiff's Verified 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
"26" "27" plaintiff's Verified
designated "24", and of the
Complaint.
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EIGHTH: Denies each and every allegation contained in
paragraphs numbered and designated "29"
"25", "28", , "30", "31",
"32"
and of the plaintiff's Verified Complaint.
ANSWERING THE SECOND CAUSE OF ACTION:
With "33"
NINTH: respect to paragraph of the plaintiff's
Verified Complaint, the defendant repeats and realleges
numbered "FIRST" "EIGHTH,"
paragraphs and designated through
inclusive of this Answer.
TENTH: Denies each and every allegation contained in
designated "35" "36"
paragraphs numbered and "34", and of the
plaintiff's verified Complaint.
ANSWERING THE THIRD CAUSE OF ACTION:
"37"
ELEVENTH: With respect to paragraph of the plaintiff's
Verified Complaint, the defendant repeats and realleges
"FIRST" "TENTH,"
paragraphs numbered and designated through
inclusive of this Answer.
TWELFTH: Denies each and every allegation contained in
designated "40" "41"
paragraphs numbered and "38", "39", , and
"42" of the plaintiff's Verified Complaint.
ANSWER7NG THE FOURTH CAUSE OF ACTION:
"43"
THIRTEENTH: With respect to paragraph of the
plaintiff's Verified Complaint, the defendant repeats and
"FIRST"
realleges paragraphs numbered and designated through
"TWELFTH," inclusive of this Answer.
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FOURTEENTH: Denies each and every allegation contained in
paragraphs numbered and designated "46" and "47"
544, "45", of
the plaintiff's Verified Complaint.
ANSWERING THE FIFTH CAUSE OF ACTION:
With paragraph "48"
FIFTEENTH: respect to of the
plaintiff's Verified Complaint, the defendant repeats and
"FIRST"
realleges paragraphs numbered and designated through
"FOURTEENTH," of
inclusive this Answer.
SIXTEENTH: Denies knowledge or information sufficient to
form a belief as to each and every allegation contained in
"49"
paragraphs numbered and designated of the plaintiff's
Verified Complaint.
SEVENTEENTH: 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:
EIGHTEENTH: Defendant relies on the provision of Public
Health Law 2805-d.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
NINETEENTH: 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.
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AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
TWENTIETH: 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-FIRST: 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 AFFIRMATIVE DEFENSE:
TWENTY-SECOND: 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-THIRD: That the plaintiiff's Complaint and/or the
cause of action fails to state a cause of action against the
answering defendant.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE:
TWENTY-FOURTH: 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.
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AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE:
TWENTY-FIFTH: Plaintiff lacks capacity to assert the claims
made within the Verified Complaint.
As AND FOR, AN EIGHTH AFFIRMATIVE DEFENSE:
TWENTY-SIXTH: 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:
TWENTY-SEVENTH: 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.
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, , SW T, FARR ,
POLIN STESEN, LLP
By: //
.-WONY M. MAFFIA
Attorneys for Defendant
PATRICK O'CONNELL, R.N.
110 Marcus Boulevard
Hauppauge, NY 11788
(631) 232-0200
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NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/15/2019
To: BAUMAN & KUNKIS, P.C.
Attorneys for Plaintiff
34" Street
225 West
New York, New York 10122
(212) .564-3555
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|FILED: SUFFOLK COUNTY CLERK 03/15/2019 02:27 PM)
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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,
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
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 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: · INDEX NO. 04/12/2019 603322/2019 |FILED: SUFFOLK COUNTY CLE1UC NYSCEF DOC. NO. 10 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, PATRICK O'CONNELL, R.N. by his attorneys, FUMUSO, KELLY, SWART, FARRELL, POLIN & CHRISTESEN, LLP as and for his Verified Answer to the. Verified Complaint of the plaintiff herein, respectfully alleges upon information and belief as follows: Al¶ÇWERING 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 "2" "3" numbered and designated and of the plaintiff's Verified Complaint. 1 of 8 1 of 8 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: INDEX NO. 04/12/2019 603322/2019 [FILED: SUFFOLK COUNTY CLERK 03/15/2019 02:27 PN| NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/15/2019 THIRD: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs numbered and designated "4" "12" , "S", "6", "7", "8", "9", "11", and "13" of the plaintiff's Verified Complaint 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 numbered "15" "16" and designated "10", "14", and of the plaintiff's Verified Complaint. FIFTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph numbered "17" Verified and designated of the plaintiff's Complaint except admits PATRICK O'CONNELL, R.N. was and still is a Registered Nurse under the laws of the State of New York. SIXTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs "22" "23" numbered and designated "18", "19", "20", "21", and of the plaintiff's Verified 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 "26" "27" plaintiff's Verified designated "24", and of the Complaint. 2 of 8 2 of 8 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 29 RECEIVED INDEXNYSCEF: NO. 04/12/2019 603322/2019 [FILED: SUFFOLK COUNTY CLERK NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/15/2019 EIGHTH: Denies each and every allegation contained in paragraphs numbered and designated "29" "25", "28", , "30", "31", "32" and of the plaintiff's Verified Complaint. ANSWERING THE SECOND CAUSE OF ACTION: With "33" NINTH: respect to paragraph of the plaintiff's Verified Complaint, the defendant repeats and realleges numbered "FIRST" "EIGHTH," paragraphs and designated through inclusive of this Answer. TENTH: Denies each and every allegation contained in designated "35" "36" paragraphs numbered and "34", and of the plaintiff's verified Complaint. ANSWERING THE THIRD CAUSE OF ACTION: "37" ELEVENTH: With respect to paragraph of the plaintiff's Verified Complaint, the defendant repeats and realleges "FIRST" "TENTH," paragraphs numbered and designated through inclusive of this Answer. TWELFTH: Denies each and every allegation contained in designated "40" "41" paragraphs numbered and "38", "39", , and "42" of the plaintiff's Verified Complaint. ANSWER7NG THE FOURTH CAUSE OF ACTION: "43" THIRTEENTH: With respect to paragraph of the plaintiff's Verified Complaint, the defendant repeats and "FIRST" realleges paragraphs numbered and designated through "TWELFTH," inclusive of this Answer. 3 of 8 3 of 8 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 29 . RECEIVED NYSCEF: INDEX NO. 04/12/2019 603322/2019 [FILED: SUFFOLK COUNTY CLERK 03/15/2019 02:27 PM| NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/15/2019 FOURTEENTH: Denies each and every allegation contained in paragraphs numbered and designated "46" and "47" 544, "45", of the plaintiff's Verified Complaint. ANSWERING THE FIFTH CAUSE OF ACTION: With paragraph "48" FIFTEENTH: respect to of the plaintiff's Verified Complaint, the defendant repeats and "FIRST" realleges paragraphs numbered and designated through "FOURTEENTH," of inclusive this Answer. SIXTEENTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in "49" paragraphs numbered and designated of the plaintiff's Verified Complaint. SEVENTEENTH: 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: EIGHTEENTH: Defendant relies on the provision of Public Health Law 2805-d. AS AND FOR A FIRST AFFIRMATIVE DEFENSE: NINETEENTH: 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. 4 of 8 4 of 8 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 04/12/2019 SUFFOLK INDEX NO. 603322/2019 |FILED: CO_UNTY CLERK 03/15/2019 02:27 PM) NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/15/2019 AS AND FOR A SECOND AFFIRMATIVE DEFENSE: TWENTIETH: 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-FIRST: 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 AFFIRMATIVE DEFENSE: TWENTY-SECOND: 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-THIRD: That the plaintiiff's Complaint and/or the cause of action fails to state a cause of action against the answering defendant. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE: TWENTY-FOURTH: 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. 5 of 8 5 of 8 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: INDEX NO. 04/12/2019 603322/2019 (FII-ZD-: SUFFOLK COUNTY -CLERit--0-3-/1572019 02:27 PM| NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/15/2019 AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE: TWENTY-FIFTH: Plaintiff lacks capacity to assert the claims made within the Verified Complaint. As AND FOR, AN EIGHTH AFFIRMATIVE DEFENSE: TWENTY-SIXTH: 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: TWENTY-SEVENTH: 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. 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, , SW T, FARR , POLIN STESEN, LLP By: // .-WONY M. MAFFIA Attorneys for Defendant PATRICK O'CONNELL, R.N. 110 Marcus Boulevard Hauppauge, NY 11788 (631) 232-0200 6 of 8 6 of 8 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: INDEX NO. 04/12/2019 603322/2019 FILED: SUFFOLK COUNTY CLERK 0-3715/2019 02:27 PM NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/15/2019 To: BAUMAN & KUNKIS, P.C. Attorneys for Plaintiff 34" Street 225 West New York, New York 10122 (212) .564-3555 7 of 8 7 of 8 FILED: SUFFOLK COUNTY CLERK 04/12/2019 03:40 PM INDEX NO. 603322/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: INDEX NO. 04/12/2019 603322/2019 |FILED: SUFFOLK COUNTY CLERK 03/15/2019 02:27 PM) NYSCEF DOC. NO. 10 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, 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 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 8 of 8 8 of 8