Answer: Theresa Barona, Gilbert Barona v. Maimonides Medical Center, Montefiore Medical Center, Samantha Cohen, Nuan Cui

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                                (FILED: BRONX COUNTY CLERK 04/01/2013) INDEX NO. 20740/2013E —

NYSCEF DOC. Nd; 8 RECEIVED NYSCEF: 04/01/2013

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX

|
THERESA BARONA and GILBERT BARONA, . | |
!

Plaintiffs, VERIFIED ANSWER

- against - Index No. 20740/2013E
MAIMONIDES MEDICAL CENTE!

MONTEFIORE MEDICAL CENTER,
SAMANTHA COHEN and NUAN CUI,

2

Defendants.

Defendant, NUAN CUI, M.D. s/h/fa NUAN CUL by his attorneys, AARONSON
RAPPAPORT FEINSTEIN & DEUTSCH, LLP, as and for his Verified Answer to plaintiffs’

Complaint, respectfully shows to this Court and alleges upon information and belief:

AS AND FOR THE FIRST CAUSE OF ACTION |
1. Denies the knowledge or information sufficient to form a belief as to the truth of the
allegations contained in paragraph(s) "1", "2", "5", "6", "7", "15" and "16".
2. Denies the allegations contained in paragraph(s) "3" except admits that defendant
» MONTEFIORE MEDICAL CENTER was a fully accredited hospital in the State of New York.

3. Denies the allegations contained in paragraph(s) "4" except admits that defendant

MONTEFIORE MEDIAL CENTER was a fully accredited hospital in the State of New York

and at all times acted in accordance with good and accepted medical practice.

4. Denies the allegations contained in paragraph(s) "9" except admits that defendant

NUAN CUI, M.D. s/h/a NUAN CUI was a duly licensed physician in the State of New York and
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| that he acted in accordance with good and accepted medical practice, and respectfully refers to

| the hospital records for the specifics of the patient's treatment thereat.
! |

| {01258138.DOCX }5. Denies the allegations contained in paragraph(s) "10" and respectfully refers all
| questions of law to this Honorable Court.
6. Denies knowledge or information sufficient to form a belief as to the truth of

allegations contained in paragraph(s) "11" and "12" and respectfully refers to the hospital records

for the specifics of the patient's treatment thereat.

7, Denies the allegations contained in paragraph(s) "13" and "17" and respectfully refers
to the hospital records for the specifics of the patient’s treatment thereat.

8. Denies the allegations contained in paragraph(s) "14" and "18", respectfully refers to
the hospital records for the specifics of the patient’s treatment thereat, and respectfully refers all
questions of law to this Honorable Court.

9. Denies the allegations contained in paragraph(s) "19", "20", "21", "22", "23", "24",
"25", "26" and "27",

AS AND FOR THE SECOND CAUSE OF ACTION
10. In response to paragraph "28", repeats each admission or denial contained in

paragraphs "1" through "27" herein as though fully set forth hereat.

11. Denies the allegations contained in paragraph(s) "29", "30" and "31".
AS AND FOR THE THIRD CAUSE OF ACTION
12. In response to paragraph "32", repeats each admission or denial contained in
paragraphs "1" through "31" herein as though fully set forth hereat.
13. Denies the allegations contained in paragraph(s) "33" and "34".
AS AND FOR THE FIRST AFFIRMATIVE DEFENSE

14. This Court lacks in personam jurisdiction over the answering defendant(s).

{01258138.DOCX } 2AS AND FOR THE SECOND AFFIRMATIVE DEFENSE
15. The answering defendant(s) asserts those applicable defenses for which provision is
made at Public Health Law §2805-d.

AS AND FOR THE THIRD AFFIRMATIVE DEFENSE

16. The liability of the answering defendant(s), if any, is limited pursuant to CPLR
Article 16.
AS AND FOR THE FOURTH AFFIRMATIVE DEFENSE
17. That the injuries claimed by plaintiffs in the complaint were cause in whole or in part,
by the culpable conduct of the plaintiffs which either bars the claims completely or else

diminishes the damages by the proportion that such culpable conduct of the plaintiffs bears to the

total culpable conduct causing the injuries.

AS AND FOR THE FIFTH AFFIRMATIVE DEFENSE

claimed in the complaint by a collateral source of payment as set forth in CPLR §4545.

WHEREFORE, defendant NUAN CUI, M.D. s/hfa NUAN CUI demands judgment
dismissing the Complaint, together with the costs and disbursements of the within action.

Dated: New York, New York
March 29, 2013

Yours, etc.,

oe yee,
LE

BY: Lawrence W. Rosefiblatt
AARONSON RAPPAPORT FEINSTEIN
& DEUTSCH, LLP

Attorneys for Defendant

| NUAN CUI, M.D. s/h/a NUAN CUI

Office & P.O, Address

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}

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600 Third Avenue
New York, New York 10016
Tel.: (212) 593-6700

{01258138.DOCX } 3

18. That the plaintiff has been or will be compensated in whole or in part for the damagesATTORNEY’S VERIFICATION

STATE OF NEW YORK )
Ss:
COUNTY OF NEW YORK )

Lawrence W. Rosenblatt, being duly sworn, deposes and says:

That 1 am a member in the firm of attorneys representing the defendant NUAN
CUI, M.D.
That I have read the attached Answer and the same is true to my own belief,
except as to matters alleged on information and belief, and as to those matters, I believe them to
be true to the best of my knowledge.

My sources of information are claims filed containing statements, reports and

records of investigation, investigators, parties and witnesses, with which I am fully familiar.

That this verification is made by me because my client does not reside within the

county where [ maintain my office.

LOGE

Lawrence W. Rosenblatt”

Sworn to before me this
ti4 day of April, 2013.

fost Rol. tut

Notary Public

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