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FILED: KINGS COUNTY CLERK 04/12/2021 02:51 PM INDEX NO. 508545/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------X
Zelda Landau,
Index No.:
Date Purchased:
Plaintiff,
against SUMMONS
Aakashi Patel, PTA and Road to Recovery Physical & Plaintiff designates Kings
Occupational Therapy, County as the place of trial.
Defendants. The basis of venue is:
----------------------------------------------------------------------X Place of Occurrence
To the above named Defendants:
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 attorneys within twenty days after the service of this summons, exclusive of the day
of service, where service is made by delivery upon you personally within the state, or, within 30
days after completion of service where service is made in any other manner. 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: New York, New York
April 12, 2021
Marla Stein
MARLA STEIN
BURNS & HARRIS
Attorney for Plaintiff - Zelda Landau
233 Broadway, Suite 900
New York, New York 10279
(212) 393-1000
Our File No. 206820
TO:
Aakashi Patel, PTA
535 Flushing Ave.
Brooklyn, NY 11205
Road to Recovery
Physical & Occupational Therapy
535 Flushing Ave.
Brooklyn, NY 11205
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------X
Zelda Landau, Index No.:
Plaintiff, VERIFIED COMPLAINT
against
Aakashi Patel, PTA and Road to Recovery Physical &
Occupational Therapy,
Defendants.
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Plaintiff, ZELDA LANDAU, by her attorneys, BURNS & HARRIS, complaining of the
Defendants, respectfully alleges, upon information and belief, as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1. That at all times herein mentioned, defendant AAKASHI PATEL, PTA was or
represented herself to be a physical therapist duly licensed or authorized to provide therapy services
in the State of New York.
2. That at all times hereinafter mentioned, the defendant AAKASHI PATEL, PTA held
herself out to be a physician possessing the skill and ability of members of the medical profession,
and represented that he was capable of diagnosing, treating, advising, referring, recommending and
caring for such medical, surgical, pre-surgical and post-surgical conditions for which he would
undertake to treat.
3. That at all of the times herein mentioned, defendant AAKASHI PATEL, PTA was
an employee of a professional corporation.
4. That at all of the times herein mentioned, defendant AAKASHI PATEL, PTA was a
shareholder in a professional corporation.
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5. That at all of the times herein mentioned, defendant AAKASHI PATEL, PTA was
an employee of a private group practice.
6. That at all of the times herein mentioned, defendant AAKASHI PATEL, PTA was a
partner in a private group practice.
7. That at all times hereinafter mentioned, the defendant AAKASHI PATEL, PTA was
an agent, servant, therapist and/or employee of and/or affiliated with the defendant ROAD TO
RECOVERY PHYSICAL & OCCUPATIONAL THERAPY.
8. That at all of the times herein mentioned, defendant AAKASHI PATEL, PTA
represented herself to be capable, competent and qualified to properly and adequately order,
recommend, request, advise, perform, render, or provide all of the necessary and required
professional examinations, evaluations, consultations, care, treatments, procedures, tests, studies,
services and advice ordered, recommended, requested, required and advised for, performed upon,
rendered and/or provided to the plaintiff, ZELDA LANDAU.
9. That the defendant AAKASHI PATEL, PTA was responsible for the negligent acts
and omissions of its agents, servants, and/or employees under the theory of respondeat superior.
10. That at all times mentioned herein, the defendant, ROAD TO RECOVERY
PHYSICAL & OCCUPATIONAL THERAPY, was and still is a corporation duly organized and
existing under and by virtue of the laws of the State of New York.
11. That at all times mentioned herein, the defendant, ROAD TO RECOVERY
PHYSICAL & OCCUPATIONAL THERAPY, was and still is a domestic corporation duly
organized and existing under and by virtue of the laws of the State of New York.
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12. That at all times mentioned herein, the defendant, ROAD TO RECOVERY
PHYSICAL & OCCUPATIONAL THERAPY, was and still is a foreign corporation duly
organized and existing under and by virtue of the laws of the State of New York.
13. That at all times mentioned herein, the defendant, ROAD TO RECOVERY
PHYSICAL & OCCUPATIONAL THERAPY, engaged in business as a physical and
occupational therapy service.
14. That at all times mentioned herein, the defendant, ROAD TO RECOVERY
PHYSICAL & OCCUPATIONAL THERAPY, held itself out as a service providing physical and
occupational therapy duly qualified and capable of rendering competent therapeutic services to
persons who required and/or engaged its services.
15. That at all times mentioned herein, the defendant, ROAD TO RECOVERY
PHYSICAL & OCCUPATIONAL THERAPY, its agents, servants and/or employees furnished
and/or provided therapists, trainers, technicians and other personnel to afford necessary and required
therapy, aid, attention, assistance, and supervision to persons who required and/or engaged their
services.
16. That at all times mentioned herein, the defendant, ROAD TO RECOVERY
PHYSICAL & OCCUPATIONAL THERAPY, did agree to and did hold itself out as maintaining
an adequate and competent staff, including therapists, trainers, technicians and other personnel and
further warranted that the members of its said staff were qualified and trained for the purpose of
providing such therapy, care, aid, attention, supervision, protection and assistance as they would be
required to provide in accordance with the accepted standards of therapeutic practice to persons
seeking and requiring such therapies and attention, including the plaintiff herein, and said defendant
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further held itself out as being equipped in sufficient manner to render such therapeutic care and
services.
17. That at all times herein mentioned, it was the duty of the defendant, ROAD TO
RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, its servants, agents, staff and/or
employees to provide supervision and assistance and to ensure the safe and appropriate dismount
from bed/table of plaintiff ZELDA LANDAU herein.
18. That at all times herein mentioned, it was the duty of the defendant, ROAD TO
RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, its servants, agents, staff and/or
employees to provide supervision and assistance and to ensure safe and appropriate dismount from
bed/table with plaintiff ZELDA LANDAU herein.
19. That the defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL
THERAPY was responsible for the negligent acts and omissions of its agents, servants, and/or
employees under the theory of respondeat superior.
20. That on December 8, 2020, the plaintiff, ZELDA LANDAU, engaged the services of
the defendant AAKASHI PATEL, PTA in connection with certain physical therapy services to be
rendered to the plaintiff by the said defendant, its servants, agents and/or employees.
21. That on December 8, 2020, the defendant AAKASHI PATEL, PTA did undertake
the care and treatment of the plaintiff, ZELDA LANDAU, providing the plaintiff with physical
therapy, care, management, treatment, supervision, and attention, and accepted the plaintiff as a
patient.
22. That on December 8, 2020, the plaintiff ZELDA LANDAU, came under the care of
the defendant, AAKASHI PATEL, PTA, herein in connection with certain physical therapy
services and treatment to be rendered to the said plaintiff by the said defendant.
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23. That on December 8, 2020, the plaintiff, ZELDA LANDAU, came under the
exclusive care, custody, supervision, and management of the said defendant, AAKASHI PATEL,
PTA.
24. That at all times herein mentioned, the defendant, AAKASHI PATEL, PTA
undertook and agreed to render care to the plaintiff, ZELDA LANDAU, and to provide her with
physical therapy.
25. That at all times herein mentioned, the defendant, AAKASHI PATEL, PTA
undertook and agreed to supervise the plaintiff, ZELDA LANDAU, and to provide her with
physical therapy.
26. That at all times herein mentioned, the defendant, AAKASHI PATEL, PTA, was
careless, negligent, and reckless with regard to the therapy, care, treatment, aid, supervision, and
management of the plaintiff, ZELDA LANDAU.
27. That on December 8, 2020, the plaintiff, ZELDA LANDAU, engaged the services of
the defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY in
connection with certain physical therapy services to be rendered to the plaintiff by the said
defendant, its servants, agents and/or employees.
28. That on December 8, 2020, the defendant ROAD TO RECOVERY PHYSICAL &
OCCUPATIONAL THERAPY did undertake the care and treatment of the plaintiff, ZELDA
LANDAU, providing the plaintiff with physical therapy, care, management, treatment, supervision,
and attention, and accepted the plaintiff as a patient.
29. That on December 8, 2020, the plaintiff ZELDA LANDAU, came under the care of
the defendant, ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, herein
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in connection with certain physical therapy services and treatment to be rendered to the said plaintiff
by the said defendant.
30. That on December 8, 2020, the plaintiff, ZELDA LANDAU, came under the
exclusive care, custody, supervision, and management of the said defendant, ROAD TO
RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, their servants, agents, therapists,
trainers, technicians, staff and/or employees.
31. That at all times herein mentioned, the defendant, ROAD TO RECOVERY
PHYSICAL & OCCUPATIONAL THERAPY, undertook and agreed to render care to the
plaintiff, ZELDA LANDAU, and to provide her with physical therapy.
32. That at all times herein mentioned, the defendant, ROAD TO RECOVERY
PHYSICAL & OCCUPATIONAL THERAPY, undertook and agreed to supervise the plaintiff,
ZELDA LANDAU, and to provide her with physical therapy.
33. That at all times herein mentioned, the defendant, ROAD TO RECOVERY
PHYSICAL & OCCUPATIONAL THERAPY, was careless, negligent, and reckless with regard
to the therapy, care, treatment, aid, supervision, and management of the plaintiff, ZELDA
LANDAU.
34. That on December 8, 2020 the plaintiff ZELDA LANDAU was caused to be injured
when she was caused to fall from a therapy bed/table.
35. That on December 8, 2020, the plaintiff ZELDA LANDAU was caused to be injured
when she was caused to fall from a therapy bed/table and sustain serious personal injuries.
36. That at all times mentioned herein, it was the duty of the defendants, their servants,
agents, therapists, trainers, technicians, staff and/or employees to provide for the safety, protection
and well-being of its patients.
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37. That on December 8, 2020, the plaintiff, ZELDA LANDAU, was caused to be
injured when she was caused to fall from the therapy bed/table by the said defendant, ROAD TO
RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, its servants, agents, therapists,
trainers, technicians, staff and/or employees at aforementioned premises.
38. That on December 8, 2020, the plaintiff, ZELDA LANDAU, was caused to be
injured when she was caused to fall from the therapy bed/table by the said defendant, AAKASHI
PATEL, PTA at aforementioned premises.
39. That on December 8, 2020, the defendants, its agents, servants, therapists, trainers,
technicians, staff and/or employees failed to properly care for and supervise plaintiff.
40. That at all times mentioned herein, the defendants, its servants, agents, therapists,
trainers, technicians, staff and/or employees failed to provide for the safety, protection and well-
being of plaintiff.
41. That the foregoing treatment, management, and supervision of the plaintiff by the
defendants was performed in a careless and negligent manner and not in accordance with the good
and accepted standards of rehabilitative/therapeutic care, thereby causing the plaintiff to sustain
severe injuries and damages.
42. That the foregoing injuries and damages to the plaintiff were caused solely by virtue
of carelessness and negligence on the part of the defendant, its agents, servants and/or employees,
and without any negligence on the part of the plaintiff contributing thereto.
43. That at all times herein referred to, the injuries suffered by the plaintiff were a direct
and proximate result of the failure of the defendants to provide the plaintiff with proper, adequate,
appropriate, and suitable physical therapy care, treatment, supervision, and personnel.
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44. At all times relevant hereto, defendants had the duty to competently and sufficiently
hire, train, supervise and retain agents, servants, employees and/or personnel in the protection of the
plaintiff.
45. At all times relevant hereto, it was the duty of the defendants, its servants, agents
and/or employees to train, discipline, supervise, promulgate and put into effect appropriate rules
applicable to the duties, activities and behaviors of its servants, agents, therapists, trainers,
technicians, staff and/or employees caring for patients in the course and scope of employment for
said defendant.
46. The defendants had the duty to competently and sufficiently hire, train, supervise and
retain agents, servants, employees and/or personnel to conform their conduct to a standard,
established by law, for the protection of citizens, such as plaintiff, against unreasonable risk of harm.
47. The defendants failed to competently and sufficiently hire, train, supervise and retain
agents, servants, employees and/or personnel to conform and conduct themselves to a statute
established by law for the protection of citizens, such as plaintiff, against unreasonable risk of harm.
48. That at all times mentioned herein, while on duty, and within the scope of their
employment, defendants, its agents, servants and/or employees acted carelessly and failed to
properly supervise and protect plaintiff.
49. That on December 8, 2020, the defendants its agents, servants, therapists, trainers,
technicians, staff and/or employees acted carelessly and failed to act, protect and safeguard the
plaintiff, ZELDA LANDAU.
50. That on December 8, 2020, the defendants, its agents, servants, therapists, trainers,
technicians, staff and/or employees failed to properly train, discipline, investigate and supervise the
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activities and behaviors of its servants, agents, therapists, trainers, technicians, staff, employees
and/or personnel.
51. That on December 8, 2020, the defendant its agents, servants, therapists, trainers,
technicians, staff and/or employees, recklessly and/or negligently failed to take adequate measures to
protect and safeguard the plaintiff.
52. That at all times relevant hereto, the defendants, its agents, servants, therapists, trainers,
technicians, staff and/or employees owed a duty directly to plaintiff to conform their conduct to a
standard, established by law, for the protection of plaintiff's physical safety.
53. That at said time and place, the defendant, its agents, servants and/or employees
breached its duty owed directly to the plaintiff which endangered the plaintiff's physical safety.
54. That the foregoing treatment and management of the plaintiff, ZELDA LANDAU,
was in wanton disregard for the health, life and well-being of the plaintiff.
55. That the foregoing personal injuries and severe conscious pain and suffering were
caused solely by reason of the negligence, carelessness, wanton, reckless, callous and willful
disregard on the part of the defendants, and without any negligence on the part of the plaintiff
contributing thereto.
56. That this action falls within one or more of the exceptions set forth in C.P.L.R. §1602
between these defendants and any other parties which may be joined in this action.
57. That by reason of the foregoing, plaintiff ZELDA LANDAU was severely injured
and damaged, rendered sick, sore, lame and disabled, sustained severe nervous shock and mental
anguish, great physical pain and emotional upset, some of which injuries are permanent in nature and
duration, and plaintiff will be permanently caused to suffer pain, inconvenience and other effects of
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such injuries; plaintiff incurred and in the future will necessarily incur further hospital and/or
medical expenses in an effort to be cured of said injuries, all to plaintiff’s great damage.
58. That by reason of the foregoing, plaintiff has been damaged in amount which exceeds
the monetary jurisdictional limits of any and all lower courts which would otherwise have
jurisdiction herein, in an amount to be determined upon the trial of this action.
AS AND FOR A SECOND CAUSE OF ACTION
59. That plaintiff repeats, reiterates and realleges each and every allegation as contained
in the First Cause of Action of the within Complaint, with the same force and effect as though each
were more fully set forth at length herein.
60.. That at all times herein mentioned, the defendant ROAD TO RECOVERY
PHYSICAL & OCCUPATIONAL THERAPY had the duty to properly and adequately select and
screen for hiring for retention or discharge as employees those therapists and employees who are not
fit, suitable, qualified, skilled, properly trained, supervised and instructed.
61. That all times herein mentioned, it was the duty of the said defendant ROAD TO
RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to properly and adequately train,
discipline, supervise, promulgate and put into effect appropriate rules applicable to the duties,
activities and practices of its therapists and/or employees performing therapeutic services.
62.. That all times herein mentioned, it was the duty of the said defendant ROAD TO
RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to supervise, promulgate, enforce,
instruct, advise, abide by, require or ensure the appropriate rules, regulations, guidelines, procedures,
policies or protocols with respect to the duties, activities and practices of its therapists and/or
employees performing therapeutic services.
63. That all times herein mentioned, it was the duty of the said defendant ROAD TO
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RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to entrust the care of the plaintiff to
therapists and/or employees who possessed the necessary and required skill, experience, judgment,
diligence and capability perform such duties, activities and practices as were required and rendered
to the plaintiff at said facility.
64. That at all times herein mentioned, the defendant ROAD TO RECOVERY
PHYSICAL & OCCUPATIONAL THERAPY failed, neglected and omitted to properly and
adequately select and screen for hiring for retention or discharge as employees those therapists
and/or employees who are not fit, suitable, qualified, skilled, properly trained, supervised and
instructed.
65. That all times herein mentioned, the said defendant ROAD TO RECOVERY
PHYSICAL & OCCUPATIONAL THERAPY failed, neglected and omitted to properly and
adequately train, discipline, supervise, promulgate and put into effect appropriate rules applicable to
the duties, activities and practices of its servants, agents, affiliated therapists and/or employees
performing therapeutic services.
66. That all times herein mentioned, the said defendant ROAD TO RECOVERY
PHYSICAL & OCCUPATIONAL THERAPY failed, neglected and omitted to supervise,
promulgate, enforce, instruct, advise, abide by, require or ensure the appropriate rules, regulations,
guidelines, procedures, policies or protocols with respect to the duties, activities and practices of its
servants, agents, affiliated therapists and/or employees performing therapeutic services.
67. That all times herein mentioned, the said defendant ROAD TO RECOVERY
PHYSICAL & OCCUPATIONAL THERAPY failed, neglected and omitted to entrust the care and
supervision of the plaintiff to therapists and/or employees who possessed the necessary and required
skill, experience, judgment, diligence and capability perform such duties, activities and practices as
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were required and rendered to the plaintiff at said facility.
68. As a result of all of the foregoing, plaintiff has been injured and damaged in a sum
which exceeds the jurisdictional limitations of all lower Courts which would otherwise have
jurisdiction over this action.
AS AND FOR A THIRD CAUSE OF ACTION
69. That plaintiff repeats, reiterates and realleges each and every allegation as contained
in the First and Second Causes of Action of the within Complaint, with the same force and effect as
though each were more fully set forth at length herein.
70. That at all times herein mentioned, it was the duty of the defendant ROAD TO
RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to promulgate, enforce, instruct,
advise, abide by, require or ensure compliance with it's own and/or appropriate rules, regulations,
guidelines, procedures, by-laws, policies or protocols with respect to the inquiry, investigation and
certification of malpractice insurance by physicians hired, retained, certified and/or recertified for
privileges as therapists and/or employees.
71. That at all times herein mentioned, it was the duty of the defendant ROAD TO
RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to properly and adequately inspect,
investigate and screen therapists and/or employees for hiring or renewal of privileges at said hospital
so as to definitively ascertain whether such physicians and surgeons are in possession of adequate,
appropriate and required credentials, licenses, privileges and references prior to such hiring and/or
renewal of privileges at said hospital.
72. That at all times herein mentioned, it was the duty of the defendant ROAD TO
RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to properly and adequately inspect,
investigate and screen therapists and/or employees for hiring or renewal of privileges at said facility
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so as to definitively ascertain whether such therapists and/or employees are in possession of
adequate, appropriate and required professional medical malpractice insurance prior to such hiring
and/or renewal of privileges at said facility
73. That at all times herein mentioned, it was the duty of the defendant ROAD TO
RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to obtain, inspect, investigate and
evaluate documentation of credentials, licenses and professional medical malpractice insurance prior
to hiring or renewal of privileges of therapists and/or employees at said facility.
74. That at all times herein mentioned, it was the duty of the defendant ROAD TO
RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to properly and adequately inspect,
investigate, research and screen therapists and/or employees for hiring or renewal of privileges at
said facility so as to definitively ascertain whether complaints, grievances and/or suspensions have
been issued against such therapists and/or employees prior to such hiring and/or renewal of
privileges at said facility.
75. That at all times herein mentioned, it was the duty of the defendant ROAD TO
RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to properly and adequately inspect,
investigate, research and screen physicians and surgeons for hiring or renewal of privileges at said
hospital so as to definitively ascertain whether such therapists and/or employees are qualified to
obtain and/or maintain such privileges at said facility.
76. That at all times herein mentioned, it was the duty of the defendant ROAD TO
RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to promptly, properly, timely and
adequately suspend the privileges of therapists and/or employees who do not possess or have
suffered the suspension of the necessary, required and appropriate credentials, privileges, licenses
and professional medical malpractice insurance.
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77. That at all times herein mentioned, it was the duty of the defendant ROAD TO
RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to prevent therapists and/or employees
who do not possess or have suffered the suspension of the necessary, required and appropriate
credentials, licenses and medical malpractice insurance, from performing therapeutic services upon
patients of said facility, including the plaintiff herein.
78. That at all times herein mentioned, it was the duty of the defendant ROAD TO
RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to immediately terminate, suspend
and/or prevent therapists and/or employees who do not possess or have suffered the suspension of
the necessary, required and appropriate credentials, licenses and medical malpractice insurance, from
performing therapeutic services upon patients of said facility, including the plaintiff herein.
79. As a result of all of the foregoing, plaintiff has been injured and damaged in a sum
which exceeds the jurisdictional limitations of all lower Courts which would otherwise have
jurisdiction over this action
WHEREFORE, plaintiffs demand judgment against the defendants on each cause of action
in amounts to be determined upon the trial of this action, together with costs and disbursements of
this action, and with interest from the date of this accident.
Dated: New York, New York
April 12, 2021
Yours, etc.
Marla Stein
MARLA STEIN
BURNS & HARRIS
Attorney for Plaintiff – Zelda Landau
233 Broadway, Suite 900
New York, New York 10279
(212) 393-1000
Our File No. 206820
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ATTORNEY’S VERIFICATION
MARLA STEIN, ESQ., an attorney duly admitted to practice law in the Courts of the State of
New York, shows:
I am the attorney for the plaintiff in the within action and have read the foregoing
COMPLAINT and know the contents thereof; the same is true upon information and belief.
This verification is made by this affirmant and not by said plaintiff because said plaintiff
reside(s) in a County other than the County wherein your affirmant maintains her office.
The grounds of affirmant’s knowledge and belief are as follows: Conference with client(s)
and notes and records contained in the file maintained in the regular course of business.
The undersigned affirms that the foregoing statements are true under the penalties of perjury.
DATED: New York, New York
April 12, 2021
Marla Stein
MARLA STEIN
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FILED: KINGS COUNTY CLERK 04/12/2021 02:51 PM INDEX NO. 508545/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------X Zelda Landau, Index No.: Date Purchased: Plaintiff, against SUMMONS Aakashi Patel, PTA and Road to Recovery Physical & Plaintiff designates Kings Occupational Therapy, County as the place of trial. Defendants. The basis of venue is: ----------------------------------------------------------------------X Place of Occurrence To the above named Defendants: 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 attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. 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: New York, New York April 12, 2021 Marla Stein MARLA STEIN BURNS & HARRIS Attorney for Plaintiff - Zelda Landau 233 Broadway, Suite 900 New York, New York 10279 (212) 393-1000 Our File No. 206820 TO: Aakashi Patel, PTA 535 Flushing Ave. Brooklyn, NY 11205 Road to Recovery Physical & Occupational Therapy 535 Flushing Ave. Brooklyn, NY 11205 1 of 16 FILED: KINGS COUNTY CLERK 04/12/2021 02:51 PM INDEX NO. 508545/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------X Zelda Landau, Index No.: Plaintiff, VERIFIED COMPLAINT against Aakashi Patel, PTA and Road to Recovery Physical & Occupational Therapy, Defendants. ----------------------------------------------------------------------X Plaintiff, ZELDA LANDAU, by her attorneys, BURNS & HARRIS, complaining of the Defendants, respectfully alleges, upon information and belief, as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. That at all times herein mentioned, defendant AAKASHI PATEL, PTA was or represented herself to be a physical therapist duly licensed or authorized to provide therapy services in the State of New York. 2. That at all times hereinafter mentioned, the defendant AAKASHI PATEL, PTA held herself out to be a physician possessing the skill and ability of members of the medical profession, and represented that he was capable of diagnosing, treating, advising, referring, recommending and caring for such medical, surgical, pre-surgical and post-surgical conditions for which he would undertake to treat. 3. That at all of the times herein mentioned, defendant AAKASHI PATEL, PTA was an employee of a professional corporation. 4. That at all of the times herein mentioned, defendant AAKASHI PATEL, PTA was a shareholder in a professional corporation. 2 2 of 16 FILED: KINGS COUNTY CLERK 04/12/2021 02:51 PM INDEX NO. 508545/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 5. That at all of the times herein mentioned, defendant AAKASHI PATEL, PTA was an employee of a private group practice. 6. That at all of the times herein mentioned, defendant AAKASHI PATEL, PTA was a partner in a private group practice. 7. That at all times hereinafter mentioned, the defendant AAKASHI PATEL, PTA was an agent, servant, therapist and/or employee of and/or affiliated with the defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY. 8. That at all of the times herein mentioned, defendant AAKASHI PATEL, PTA represented herself to be capable, competent and qualified to properly and adequately order, recommend, request, advise, perform, render, or provide all of the necessary and required professional examinations, evaluations, consultations, care, treatments, procedures, tests, studies, services and advice ordered, recommended, requested, required and advised for, performed upon, rendered and/or provided to the plaintiff, ZELDA LANDAU. 9. That the defendant AAKASHI PATEL, PTA was responsible for the negligent acts and omissions of its agents, servants, and/or employees under the theory of respondeat superior. 10. That at all times mentioned herein, the defendant, ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, was and still is a corporation duly organized and existing under and by virtue of the laws of the State of New York. 11. That at all times mentioned herein, the defendant, ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 3 3 of 16 FILED: KINGS COUNTY CLERK 04/12/2021 02:51 PM INDEX NO. 508545/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 12. That at all times mentioned herein, the defendant, ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, was and still is a foreign corporation duly organized and existing under and by virtue of the laws of the State of New York. 13. That at all times mentioned herein, the defendant, ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, engaged in business as a physical and occupational therapy service. 14. That at all times mentioned herein, the defendant, ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, held itself out as a service providing physical and occupational therapy duly qualified and capable of rendering competent therapeutic services to persons who required and/or engaged its services. 15. That at all times mentioned herein, the defendant, ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, its agents, servants and/or employees furnished and/or provided therapists, trainers, technicians and other personnel to afford necessary and required therapy, aid, attention, assistance, and supervision to persons who required and/or engaged their services. 16. That at all times mentioned herein, the defendant, ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, did agree to and did hold itself out as maintaining an adequate and competent staff, including therapists, trainers, technicians and other personnel and further warranted that the members of its said staff were qualified and trained for the purpose of providing such therapy, care, aid, attention, supervision, protection and assistance as they would be required to provide in accordance with the accepted standards of therapeutic practice to persons seeking and requiring such therapies and attention, including the plaintiff herein, and said defendant 4 4 of 16 FILED: KINGS COUNTY CLERK 04/12/2021 02:51 PM INDEX NO. 508545/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 further held itself out as being equipped in sufficient manner to render such therapeutic care and services. 17. That at all times herein mentioned, it was the duty of the defendant, ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, its servants, agents, staff and/or employees to provide supervision and assistance and to ensure the safe and appropriate dismount from bed/table of plaintiff ZELDA LANDAU herein. 18. That at all times herein mentioned, it was the duty of the defendant, ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, its servants, agents, staff and/or employees to provide supervision and assistance and to ensure safe and appropriate dismount from bed/table with plaintiff ZELDA LANDAU herein. 19. That the defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY was responsible for the negligent acts and omissions of its agents, servants, and/or employees under the theory of respondeat superior. 20. That on December 8, 2020, the plaintiff, ZELDA LANDAU, engaged the services of the defendant AAKASHI PATEL, PTA in connection with certain physical therapy services to be rendered to the plaintiff by the said defendant, its servants, agents and/or employees. 21. That on December 8, 2020, the defendant AAKASHI PATEL, PTA did undertake the care and treatment of the plaintiff, ZELDA LANDAU, providing the plaintiff with physical therapy, care, management, treatment, supervision, and attention, and accepted the plaintiff as a patient. 22. That on December 8, 2020, the plaintiff ZELDA LANDAU, came under the care of the defendant, AAKASHI PATEL, PTA, herein in connection with certain physical therapy services and treatment to be rendered to the said plaintiff by the said defendant. 5 5 of 16 FILED: KINGS COUNTY CLERK 04/12/2021 02:51 PM INDEX NO. 508545/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 23. That on December 8, 2020, the plaintiff, ZELDA LANDAU, came under the exclusive care, custody, supervision, and management of the said defendant, AAKASHI PATEL, PTA. 24. That at all times herein mentioned, the defendant, AAKASHI PATEL, PTA undertook and agreed to render care to the plaintiff, ZELDA LANDAU, and to provide her with physical therapy. 25. That at all times herein mentioned, the defendant, AAKASHI PATEL, PTA undertook and agreed to supervise the plaintiff, ZELDA LANDAU, and to provide her with physical therapy. 26. That at all times herein mentioned, the defendant, AAKASHI PATEL, PTA, was careless, negligent, and reckless with regard to the therapy, care, treatment, aid, supervision, and management of the plaintiff, ZELDA LANDAU. 27. That on December 8, 2020, the plaintiff, ZELDA LANDAU, engaged the services of the defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY in connection with certain physical therapy services to be rendered to the plaintiff by the said defendant, its servants, agents and/or employees. 28. That on December 8, 2020, the defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY did undertake the care and treatment of the plaintiff, ZELDA LANDAU, providing the plaintiff with physical therapy, care, management, treatment, supervision, and attention, and accepted the plaintiff as a patient. 29. That on December 8, 2020, the plaintiff ZELDA LANDAU, came under the care of the defendant, ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, herein 6 6 of 16 FILED: KINGS COUNTY CLERK 04/12/2021 02:51 PM INDEX NO. 508545/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 in connection with certain physical therapy services and treatment to be rendered to the said plaintiff by the said defendant. 30. That on December 8, 2020, the plaintiff, ZELDA LANDAU, came under the exclusive care, custody, supervision, and management of the said defendant, ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, their servants, agents, therapists, trainers, technicians, staff and/or employees. 31. That at all times herein mentioned, the defendant, ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, undertook and agreed to render care to the plaintiff, ZELDA LANDAU, and to provide her with physical therapy. 32. That at all times herein mentioned, the defendant, ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, undertook and agreed to supervise the plaintiff, ZELDA LANDAU, and to provide her with physical therapy. 33. That at all times herein mentioned, the defendant, ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, was careless, negligent, and reckless with regard to the therapy, care, treatment, aid, supervision, and management of the plaintiff, ZELDA LANDAU. 34. That on December 8, 2020 the plaintiff ZELDA LANDAU was caused to be injured when she was caused to fall from a therapy bed/table. 35. That on December 8, 2020, the plaintiff ZELDA LANDAU was caused to be injured when she was caused to fall from a therapy bed/table and sustain serious personal injuries. 36. That at all times mentioned herein, it was the duty of the defendants, their servants, agents, therapists, trainers, technicians, staff and/or employees to provide for the safety, protection and well-being of its patients. 7 7 of 16 FILED: KINGS COUNTY CLERK 04/12/2021 02:51 PM INDEX NO. 508545/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 37. That on December 8, 2020, the plaintiff, ZELDA LANDAU, was caused to be injured when she was caused to fall from the therapy bed/table by the said defendant, ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY, its servants, agents, therapists, trainers, technicians, staff and/or employees at aforementioned premises. 38. That on December 8, 2020, the plaintiff, ZELDA LANDAU, was caused to be injured when she was caused to fall from the therapy bed/table by the said defendant, AAKASHI PATEL, PTA at aforementioned premises. 39. That on December 8, 2020, the defendants, its agents, servants, therapists, trainers, technicians, staff and/or employees failed to properly care for and supervise plaintiff. 40. That at all times mentioned herein, the defendants, its servants, agents, therapists, trainers, technicians, staff and/or employees failed to provide for the safety, protection and well- being of plaintiff. 41. That the foregoing treatment, management, and supervision of the plaintiff by the defendants was performed in a careless and negligent manner and not in accordance with the good and accepted standards of rehabilitative/therapeutic care, thereby causing the plaintiff to sustain severe injuries and damages. 42. That the foregoing injuries and damages to the plaintiff were caused solely by virtue of carelessness and negligence on the part of the defendant, its agents, servants and/or employees, and without any negligence on the part of the plaintiff contributing thereto. 43. That at all times herein referred to, the injuries suffered by the plaintiff were a direct and proximate result of the failure of the defendants to provide the plaintiff with proper, adequate, appropriate, and suitable physical therapy care, treatment, supervision, and personnel. 8 8 of 16 FILED: KINGS COUNTY CLERK 04/12/2021 02:51 PM INDEX NO. 508545/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 44. At all times relevant hereto, defendants had the duty to competently and sufficiently hire, train, supervise and retain agents, servants, employees and/or personnel in the protection of the plaintiff. 45. At all times relevant hereto, it was the duty of the defendants, its servants, agents and/or employees to train, discipline, supervise, promulgate and put into effect appropriate rules applicable to the duties, activities and behaviors of its servants, agents, therapists, trainers, technicians, staff and/or employees caring for patients in the course and scope of employment for said defendant. 46. The defendants had the duty to competently and sufficiently hire, train, supervise and retain agents, servants, employees and/or personnel to conform their conduct to a standard, established by law, for the protection of citizens, such as plaintiff, against unreasonable risk of harm. 47. The defendants failed to competently and sufficiently hire, train, supervise and retain agents, servants, employees and/or personnel to conform and conduct themselves to a statute established by law for the protection of citizens, such as plaintiff, against unreasonable risk of harm. 48. That at all times mentioned herein, while on duty, and within the scope of their employment, defendants, its agents, servants and/or employees acted carelessly and failed to properly supervise and protect plaintiff. 49. That on December 8, 2020, the defendants its agents, servants, therapists, trainers, technicians, staff and/or employees acted carelessly and failed to act, protect and safeguard the plaintiff, ZELDA LANDAU. 50. That on December 8, 2020, the defendants, its agents, servants, therapists, trainers, technicians, staff and/or employees failed to properly train, discipline, investigate and supervise the 9 9 of 16 FILED: KINGS COUNTY CLERK 04/12/2021 02:51 PM INDEX NO. 508545/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 activities and behaviors of its servants, agents, therapists, trainers, technicians, staff, employees and/or personnel. 51. That on December 8, 2020, the defendant its agents, servants, therapists, trainers, technicians, staff and/or employees, recklessly and/or negligently failed to take adequate measures to protect and safeguard the plaintiff. 52. That at all times relevant hereto, the defendants, its agents, servants, therapists, trainers, technicians, staff and/or employees owed a duty directly to plaintiff to conform their conduct to a standard, established by law, for the protection of plaintiff's physical safety. 53. That at said time and place, the defendant, its agents, servants and/or employees breached its duty owed directly to the plaintiff which endangered the plaintiff's physical safety. 54. That the foregoing treatment and management of the plaintiff, ZELDA LANDAU, was in wanton disregard for the health, life and well-being of the plaintiff. 55. That the foregoing personal injuries and severe conscious pain and suffering were caused solely by reason of the negligence, carelessness, wanton, reckless, callous and willful disregard on the part of the defendants, and without any negligence on the part of the plaintiff contributing thereto. 56. That this action falls within one or more of the exceptions set forth in C.P.L.R. §1602 between these defendants and any other parties which may be joined in this action. 57. That by reason of the foregoing, plaintiff ZELDA LANDAU was severely injured and damaged, rendered sick, sore, lame and disabled, sustained severe nervous shock and mental anguish, great physical pain and emotional upset, some of which injuries are permanent in nature and duration, and plaintiff will be permanently caused to suffer pain, inconvenience and other effects of 10 10 of 16 FILED: KINGS COUNTY CLERK 04/12/2021 02:51 PM INDEX NO. 508545/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 such injuries; plaintiff incurred and in the future will necessarily incur further hospital and/or medical expenses in an effort to be cured of said injuries, all to plaintiff’s great damage. 58. That by reason of the foregoing, plaintiff has been damaged in amount which exceeds the monetary jurisdictional limits of any and all lower courts which would otherwise have jurisdiction herein, in an amount to be determined upon the trial of this action. AS AND FOR A SECOND CAUSE OF ACTION 59. That plaintiff repeats, reiterates and realleges each and every allegation as contained in the First Cause of Action of the within Complaint, with the same force and effect as though each were more fully set forth at length herein. 60.. That at all times herein mentioned, the defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY had the duty to properly and adequately select and screen for hiring for retention or discharge as employees those therapists and employees who are not fit, suitable, qualified, skilled, properly trained, supervised and instructed. 61. That all times herein mentioned, it was the duty of the said defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to properly and adequately train, discipline, supervise, promulgate and put into effect appropriate rules applicable to the duties, activities and practices of its therapists and/or employees performing therapeutic services. 62.. That all times herein mentioned, it was the duty of the said defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to supervise, promulgate, enforce, instruct, advise, abide by, require or ensure the appropriate rules, regulations, guidelines, procedures, policies or protocols with respect to the duties, activities and practices of its therapists and/or employees performing therapeutic services. 63. That all times herein mentioned, it was the duty of the said defendant ROAD TO 11 11 of 16 FILED: KINGS COUNTY CLERK 04/12/2021 02:51 PM INDEX NO. 508545/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to entrust the care of the plaintiff to therapists and/or employees who possessed the necessary and required skill, experience, judgment, diligence and capability perform such duties, activities and practices as were required and rendered to the plaintiff at said facility. 64. That at all times herein mentioned, the defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY failed, neglected and omitted to properly and adequately select and screen for hiring for retention or discharge as employees those therapists and/or employees who are not fit, suitable, qualified, skilled, properly trained, supervised and instructed. 65. That all times herein mentioned, the said defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY failed, neglected and omitted to properly and adequately train, discipline, supervise, promulgate and put into effect appropriate rules applicable to the duties, activities and practices of its servants, agents, affiliated therapists and/or employees performing therapeutic services. 66. That all times herein mentioned, the said defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY failed, neglected and omitted to supervise, promulgate, enforce, instruct, advise, abide by, require or ensure the appropriate rules, regulations, guidelines, procedures, policies or protocols with respect to the duties, activities and practices of its servants, agents, affiliated therapists and/or employees performing therapeutic services. 67. That all times herein mentioned, the said defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY failed, neglected and omitted to entrust the care and supervision of the plaintiff to therapists and/or employees who possessed the necessary and required skill, experience, judgment, diligence and capability perform such duties, activities and practices as 12 12 of 16 FILED: KINGS COUNTY CLERK 04/12/2021 02:51 PM INDEX NO. 508545/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 were required and rendered to the plaintiff at said facility. 68. As a result of all of the foregoing, plaintiff has been injured and damaged in a sum which exceeds the jurisdictional limitations of all lower Courts which would otherwise have jurisdiction over this action. AS AND FOR A THIRD CAUSE OF ACTION 69. That plaintiff repeats, reiterates and realleges each and every allegation as contained in the First and Second Causes of Action of the within Complaint, with the same force and effect as though each were more fully set forth at length herein. 70. That at all times herein mentioned, it was the duty of the defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to promulgate, enforce, instruct, advise, abide by, require or ensure compliance with it's own and/or appropriate rules, regulations, guidelines, procedures, by-laws, policies or protocols with respect to the inquiry, investigation and certification of malpractice insurance by physicians hired, retained, certified and/or recertified for privileges as therapists and/or employees. 71. That at all times herein mentioned, it was the duty of the defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to properly and adequately inspect, investigate and screen therapists and/or employees for hiring or renewal of privileges at said hospital so as to definitively ascertain whether such physicians and surgeons are in possession of adequate, appropriate and required credentials, licenses, privileges and references prior to such hiring and/or renewal of privileges at said hospital. 72. That at all times herein mentioned, it was the duty of the defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to properly and adequately inspect, investigate and screen therapists and/or employees for hiring or renewal of privileges at said facility 13 13 of 16 FILED: KINGS COUNTY CLERK 04/12/2021 02:51 PM INDEX NO. 508545/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 so as to definitively ascertain whether such therapists and/or employees are in possession of adequate, appropriate and required professional medical malpractice insurance prior to such hiring and/or renewal of privileges at said facility 73. That at all times herein mentioned, it was the duty of the defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to obtain, inspect, investigate and evaluate documentation of credentials, licenses and professional medical malpractice insurance prior to hiring or renewal of privileges of therapists and/or employees at said facility. 74. That at all times herein mentioned, it was the duty of the defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to properly and adequately inspect, investigate, research and screen therapists and/or employees for hiring or renewal of privileges at said facility so as to definitively ascertain whether complaints, grievances and/or suspensions have been issued against such therapists and/or employees prior to such hiring and/or renewal of privileges at said facility. 75. That at all times herein mentioned, it was the duty of the defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to properly and adequately inspect, investigate, research and screen physicians and surgeons for hiring or renewal of privileges at said hospital so as to definitively ascertain whether such therapists and/or employees are qualified to obtain and/or maintain such privileges at said facility. 76. That at all times herein mentioned, it was the duty of the defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to promptly, properly, timely and adequately suspend the privileges of therapists and/or employees who do not possess or have suffered the suspension of the necessary, required and appropriate credentials, privileges, licenses and professional medical malpractice insurance. 14 14 of 16 FILED: KINGS COUNTY CLERK 04/12/2021 02:51 PM INDEX NO. 508545/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 77. That at all times herein mentioned, it was the duty of the defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to prevent therapists and/or employees who do not possess or have suffered the suspension of the necessary, required and appropriate credentials, licenses and medical malpractice insurance, from performing therapeutic services upon patients of said facility, including the plaintiff herein. 78. That at all times herein mentioned, it was the duty of the defendant ROAD TO RECOVERY PHYSICAL & OCCUPATIONAL THERAPY to immediately terminate, suspend and/or prevent therapists and/or employees who do not possess or have suffered the suspension of the necessary, required and appropriate credentials, licenses and medical malpractice insurance, from performing therapeutic services upon patients of said facility, including the plaintiff herein. 79. As a result of all of the foregoing, plaintiff has been injured and damaged in a sum which exceeds the jurisdictional limitations of all lower Courts which would otherwise have jurisdiction over this action WHEREFORE, plaintiffs demand judgment against the defendants on each cause of action in amounts to be determined upon the trial of this action, together with costs and disbursements of this action, and with interest from the date of this accident. Dated: New York, New York April 12, 2021 Yours, etc. Marla Stein MARLA STEIN BURNS & HARRIS Attorney for Plaintiff – Zelda Landau 233 Broadway, Suite 900 New York, New York 10279 (212) 393-1000 Our File No. 206820 15 15 of 16 FILED: KINGS COUNTY CLERK 04/12/2021 02:51 PM INDEX NO. 508545/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 ATTORNEY’S VERIFICATION MARLA STEIN, ESQ., an attorney duly admitted to practice law in the Courts of the State of New York, shows: I am the attorney for the plaintiff in the within action and have read the foregoing COMPLAINT and know the contents thereof; the same is true upon information and belief. This verification is made by this affirmant and not by said plaintiff because said plaintiff reside(s) in a County other than the County wherein your affirmant maintains her office. The grounds of affirmant’s knowledge and belief are as follows: Conference with client(s) and notes and records contained in the file maintained in the regular course of business. The undersigned affirms that the foregoing statements are true under the penalties of perjury. DATED: New York, New York April 12, 2021 Marla Stein MARLA STEIN 16 16 of 16