Preview
FILED: ERIE COUNTY CLERK 02/11/2021 10:14 AM INDEX NO. 803362/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF ERIE
Index No.:
JOHN P. MEISENBURG; and SHARON A. SUMMONS
MEISENBURG,
Plaintiffs designate Erie County
Plaintiffs, as the place of trial. Bases of
v. venue are Plaintiffs’ residence
and the location of the subject
THOMAS F. HUGHES, III, M.D.; FARID BERENJI, malpractice.
M.D.; and GENERAL PHYSICIAN, P.C.,
Plaintiffs reside at:
Defendants. 71 Cannas Court
Buffalo, New York 14227
County of Erie
TO THE ABOVE NAMED DEFENDANT(S):
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 Attorney within twenty (20) days after the service of this Summons, exclusive of the day of
service (or within thirty (30) days after the service is complete if this Summons is not personally delivered
to you within the State of New York); and in the case of your failure to appear or answer, judgment will be
taken against you by default for the relief demanded herein.
DATED: February 11, 2021 PORTER NORDBY HOWE LLP
Attorneys for Plaintiffs
Defendants’ Addresses:
Thomas F. Hughes, III, M.D.
2701 Transit Road, Suite 143 By:
Elma, New York 14059 Michael S. Porter, of Counsel
Daniel P. Laraby, of Counsel
Farid Berenji, M.D.
45 Spindrift Drive Office & Post Office Address
Williamsville, New York 14221 125 East Jefferson St., 11th Floor
Syracuse, New York 13202-2550
General Physician, P.C. 315.477.9900
726 Exchange Street, Suite 204 315.477.9923 (facsimile)
Buffalo, New York 14210
FAX SERVICE NOT ACCEPTED
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STATE OF NEW YORK
SUPREME COURT COUNTY OF ERIE
JOHN P. MEISENBURG; and SHARON A.
MEISENBURG,
Plaintiffs,
v.
Index No.:
THOMAS F. HUGHES, III, M.D.; FARID BERENJI,
M.D.; and GENERAL PHYSICIAN, P.C.,
Defendants.
VERIFIED COMPLAINT
Plaintiffs John P. Meisenburg and Sharon A. Meisenburg (collectively, “Plaintiffs”), by and
through their attorneys, Porter Nordby Howe LLP, as and for their Verified Complaint against the
above-named defendants (collectively, “Defendants”), hereby state and allege, upon information and
belief, as follows:
1. Plaintiff John P. Meisenburg (“Plaintiff John Meisenburg”) is an individual who
resides in the County of Erie, State of New York.
2. Plaintiff Sharon A. Meisenburg (“Plaintiff Sharon Meisenburg”) is an individual who
resides in the County of Erie, State of New York.
3. Plaintiffs are husband and wife.
4. Defendant Thomas F. Hughes, III, M.D. (“Defendant Hughes”) is an individual, and a
physician duly licensed to practice medicine in the State of New York.
5. Defendant Hughes has a place of business and office located at General Physician,
P.C., 2701 Transit Road, Suite 143, Elma, New York 14059, in the County of Erie.
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6. Defendant Hughes has been continuously board certified in Family Medicine from in
or about 1999 through the present, inclusive.
7. From in or about 1999 through the present, inclusive, Defendant Hughes has held
himself out to the general public as being able to render and provide competent, adequate and proper
medical care and treatment, including in the field of Family Medicine.
8. Defendant Farid Berenji, M.D. (“Defendant Berenji”) is an individual, and a
physician duly licensed to practice medicine in the State of New York.
9. Defendant Berenji has a place of business and office located at General Physician
Cancer Care, 45 Spindrift Drive, Williamsville, New York 14221, in the County of Erie.
10. Defendant Berenji has been continuously board certified in Internal Medicine from in
or about 2005 through the present, inclusive, with a sub-certification in Oncology from in or about
2009 through the present, inclusive.
11. From in or about 2009 through the present, inclusive, Defendant Berenji has held
himself out to the general public as being able to render and provide competent, adequate and proper
medical care and treatment, including in the fields of Internal Medicine and Oncology.
12. Defendant General Physician, P.C. (“Defendant General Physician”) is a domestic
professional corporation duly organized and existing under the laws of the State of New York, with a
registered principal executive and a registered service-of-process address located at 726 Exchange
Street, Suite 204, Buffalo, New York 14210.
13. When Defendant Hughes rendered medical care and treatment to Plaintiff John
Meisenburg, Defendant Hughes was an employee of Defendant General Physician.
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14. When Defendant Hughes rendered medical care and treatment to Plaintiff John
Meisenburg, Defendant Hughes did so within the scope of his employment with Defendant General
Physician.
15. When Defendant Berenji rendered medical care and treatment to Plaintiff John
Meisenburg, Defendant Berenji was an employee of Defendant General Physician.
16. When Defendant Berenji rendered medical care and treatment to Plaintiff John
Meisenburg, Defendant Berenji did so within the scope of his employment with Defendant General
Physician.
RELEVANT FACTS
17. At various times from in or about 2014 through the present, Plaintiff John
Meisenburg sought and received primary medical care and treatment from Defendant Hughes.
18. During the period of time that Plaintiff John Meisenburg sought and received primary
medical care and treatment from Defendant Hughes, a physician-patient relationship existed between
them.
19. At various times from in or about 2016 through the present, Plaintiff John
Meisenburg sought and received oncological medical care and treatment from Defendant Berenji.
20. During the period of time that Plaintiff John Meisenburg sought and received
oncological medical care and treatment from Defendant Berenji, a physician-patient relationship
existed between them.
21. At various times from in or about 2014 through the present, Plaintiff John
Meisenburg sought and received primary and oncological medical care and treatment from
individuals employed by Defendant General Physician.
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22. Defendants failed to take proper, adequate and timely steps to diagnose and treat
Plaintiff John Meisenburg’s thyroid cancer.
23. Plaintiff John Meisenburg was diagnosed with Stage IIIpapillary thyroid cancer in or
about March 2019.
FIRST CAUSE OF ACTION
(Medical Malpractice)
24. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 23 of
this Complaint as if fully set forth herein.
25. In rendering medical care and treatment to Plaintiff John Meisenburg, each of the
Defendants owed him a duty and responsibility to use reasonable care and diligence.
26. In rendering medical care and treatment to Plaintiff John Meisenburg, each of the
Defendants owed him a duty and responsibility not to deviate or depart from good and accepted
medical practice.
27. Each of the Defendants failed to exercise reasonable care and diligence in rendering
medical care and treatment to Plaintiff John Meisenburg, in that they failed to take proper, adequate
and timely steps to diagnose and treat his thyroid cancer.
28. Each of the Defendants deviated from good and accepted medical practice in
rendering medical care and treatment to Plaintiff John Meisenburg, in that they failed to take proper,
adequate and timely steps to diagnose and treat his thyroid cancer.
29. Defendants were negligent, careless and reckless, and they committed medical
malpractice, in that they failed to timely diagnose Plaintiff John Meisenburg’s thyroid cancer.
30. As a direct and proximate result of Defendants’ negligence, carelessness and
recklessness, Plaintiff John Meisenburg has been caused to sustain severe and permanent injuries, he
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has been rendered sick and disabled, he has suffered pain, mental anguish and distress, and loss of
enjoyment of life, and he has been caused to incur pecuniary damages, all to his detriment.
31. Plaintiff John Meisenburg hereby seeks judgment as against Defendants for
compensatory damages on this cause of action in a fair and reasonable amount as may be awarded
by a jury of his peers, together with such other and further relief as to the Court may seem just and
proper.
SECOND CAUSE OF ACTION
(Failure to Obtain an Adequate Informed Consent)
32. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 31 of
this Complaint as if fully set forth herein.
33. Heretofore and prior to the aforementioned dates, average qualified members of the
medical profession practicing the specialties of each of the Defendants knew or should have known
of the risks, potential consequences and alternatives to Defendants’ choice of treatment of Plaintiff
John Meisenburg.
34. Defendants knew or should have known of the risks, potential consequences and
alternatives to their choice of treatment of Plaintiff John Meisenburg.
35. Defendants failed to inform Plaintiff John Meisenburg of the risks, potential
consequences and alternatives to their choice of treatment.
36. If Defendants had informed Plaintiff John Meisenburg of the risks, potential
consequences and alternatives to their choice of treatment, neither he nor a reasonable person in his
position would have elected Defendants’ choice of treatment.
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37. The risks, potential consequences and alternatives to Defendants’ choice of treatment
were material to a decision by Plaintiff John Meisenburg, and to a reasonable person in his position,
as to whether to undergo Defendants’ choice of treatment.
38. As a direct and proximate result of Defendants’ failure to obtain an adequate
informed consent from Plaintiff John Meisenburg, he has been caused to sustain severe and
permanent disabling injuries, he has been rendered sick and disabled, he has suffered pain, mental
anguish and distress, and loss of enjoyment of life, and he has been caused to incur pecuniary
damages, all to his detriment.
39. Plaintiff John Meisenburg hereby seeks judgment as against Defendants for
compensatory damages on this cause of action in a fair and reasonable amount as may be awarded
by a jury of his peers, together with such other and further relief as to the Court may seem just and
proper.
THIRD CAUSE OF ACTION
(Loss of Consortium)
40. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 39 of
this Complaint as if fully set forth herein.
41. At all relevant times, Plaintiff John Meisenburg has been lawfully married to Plaintiff
Sharon Meisenburg, and the two live together as husband and wife in their marital home.
42. As a direct and proximate result of Defendants’ conduct as described above, Plaintiff
Sharon Meisenburg has been deprived of the love, consortium, affection, services and society of her
husband, and she has otherwise been caused to suffer damages.
43. Plaintiff Sharon Meisenburg hereby seeks judgment as against said Defendants for
compensatory damages on this cause of action in a fair and reasonable amount as may be awarded
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by a jury of her peers, together with such other and further relief as to the Court may seem just and
proper.
WHEREFORE, Plaintiffs hereby demand judgment as against the Defendants, on each
cause of action, in a fair and reasonable amount as may be awarded by a jury of their peers, together
with such other and further relief as to the Court may seem just and proper, including costs and
disbursements of this action.
DATED: February 11, 2021 PORTER NORDBY HOWE LLP
Attorneys for Plaintiffs
By:
Michael S. Porter, of Counsel
Daniel P. Laraby, of Counsel
Office & Post Office Address
125 East Jefferson St., 11th Floor
Syracuse, New York 13202-2550
315.477.9900
315.477.9923 (facsimile)
FAX SERVICE NOT ACCEPTED
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STATE OF NEW YORK
SUPREME COURT COUNTY OF ERIE
JOHN P. MEISENBURG; and SHARON A.
MEISENBURG,
Plaintiffs,
v. Index No.:
THOMAS F. HUGHES, III, M.D.; FARID BERENJI,
M.D.; and GENERAL PHYSICIAN, P.C.,
Defendants.
ATTORNEY VERIFICATION
The undersigned, an attorney admitted to practice in the Courts of the State of New York,
hereby affirms under penalties of perjury, that I have read the foregoing COMPLAINT and I know the
contents thereof; the same is true to my own knowledge, except as to matters stated to be upon
information and belief and, as to those matters, I believe them to be true. I make this verification
because Plaintiffs do not reside in Onondaga County where I maintain an office.
DATED: February 11, 2021
DANIEL P. LARABY
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Preview
FILED: ERIE COUNTY CLERK 02/11/2021 10:14 AM INDEX NO. 803362/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF ERIE Index No.: JOHN P. MEISENBURG; and SHARON A. SUMMONS MEISENBURG, Plaintiffs designate Erie County Plaintiffs, as the place of trial. Bases of v. venue are Plaintiffs’ residence and the location of the subject THOMAS F. HUGHES, III, M.D.; FARID BERENJI, malpractice. M.D.; and GENERAL PHYSICIAN, P.C., Plaintiffs reside at: Defendants. 71 Cannas Court Buffalo, New York 14227 County of Erie TO THE ABOVE NAMED DEFENDANT(S): 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 Attorney within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this Summons is not personally delivered to you within the State of New York); and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded herein. DATED: February 11, 2021 PORTER NORDBY HOWE LLP Attorneys for Plaintiffs Defendants’ Addresses: Thomas F. Hughes, III, M.D. 2701 Transit Road, Suite 143 By: Elma, New York 14059 Michael S. Porter, of Counsel Daniel P. Laraby, of Counsel Farid Berenji, M.D. 45 Spindrift Drive Office & Post Office Address Williamsville, New York 14221 125 East Jefferson St., 11th Floor Syracuse, New York 13202-2550 General Physician, P.C. 315.477.9900 726 Exchange Street, Suite 204 315.477.9923 (facsimile) Buffalo, New York 14210 FAX SERVICE NOT ACCEPTED 1 of 9 FILED: ERIE COUNTY CLERK 02/11/2021 10:14 AM INDEX NO. 803362/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF ERIE JOHN P. MEISENBURG; and SHARON A. MEISENBURG, Plaintiffs, v. Index No.: THOMAS F. HUGHES, III, M.D.; FARID BERENJI, M.D.; and GENERAL PHYSICIAN, P.C., Defendants. VERIFIED COMPLAINT Plaintiffs John P. Meisenburg and Sharon A. Meisenburg (collectively, “Plaintiffs”), by and through their attorneys, Porter Nordby Howe LLP, as and for their Verified Complaint against the above-named defendants (collectively, “Defendants”), hereby state and allege, upon information and belief, as follows: 1. Plaintiff John P. Meisenburg (“Plaintiff John Meisenburg”) is an individual who resides in the County of Erie, State of New York. 2. Plaintiff Sharon A. Meisenburg (“Plaintiff Sharon Meisenburg”) is an individual who resides in the County of Erie, State of New York. 3. Plaintiffs are husband and wife. 4. Defendant Thomas F. Hughes, III, M.D. (“Defendant Hughes”) is an individual, and a physician duly licensed to practice medicine in the State of New York. 5. Defendant Hughes has a place of business and office located at General Physician, P.C., 2701 Transit Road, Suite 143, Elma, New York 14059, in the County of Erie. 2 of 9 FILED: ERIE COUNTY CLERK 02/11/2021 10:14 AM INDEX NO. 803362/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 6. Defendant Hughes has been continuously board certified in Family Medicine from in or about 1999 through the present, inclusive. 7. From in or about 1999 through the present, inclusive, Defendant Hughes has held himself out to the general public as being able to render and provide competent, adequate and proper medical care and treatment, including in the field of Family Medicine. 8. Defendant Farid Berenji, M.D. (“Defendant Berenji”) is an individual, and a physician duly licensed to practice medicine in the State of New York. 9. Defendant Berenji has a place of business and office located at General Physician Cancer Care, 45 Spindrift Drive, Williamsville, New York 14221, in the County of Erie. 10. Defendant Berenji has been continuously board certified in Internal Medicine from in or about 2005 through the present, inclusive, with a sub-certification in Oncology from in or about 2009 through the present, inclusive. 11. From in or about 2009 through the present, inclusive, Defendant Berenji has held himself out to the general public as being able to render and provide competent, adequate and proper medical care and treatment, including in the fields of Internal Medicine and Oncology. 12. Defendant General Physician, P.C. (“Defendant General Physician”) is a domestic professional corporation duly organized and existing under the laws of the State of New York, with a registered principal executive and a registered service-of-process address located at 726 Exchange Street, Suite 204, Buffalo, New York 14210. 13. When Defendant Hughes rendered medical care and treatment to Plaintiff John Meisenburg, Defendant Hughes was an employee of Defendant General Physician. -2- 3 of 9 FILED: ERIE COUNTY CLERK 02/11/2021 10:14 AM INDEX NO. 803362/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 14. When Defendant Hughes rendered medical care and treatment to Plaintiff John Meisenburg, Defendant Hughes did so within the scope of his employment with Defendant General Physician. 15. When Defendant Berenji rendered medical care and treatment to Plaintiff John Meisenburg, Defendant Berenji was an employee of Defendant General Physician. 16. When Defendant Berenji rendered medical care and treatment to Plaintiff John Meisenburg, Defendant Berenji did so within the scope of his employment with Defendant General Physician. RELEVANT FACTS 17. At various times from in or about 2014 through the present, Plaintiff John Meisenburg sought and received primary medical care and treatment from Defendant Hughes. 18. During the period of time that Plaintiff John Meisenburg sought and received primary medical care and treatment from Defendant Hughes, a physician-patient relationship existed between them. 19. At various times from in or about 2016 through the present, Plaintiff John Meisenburg sought and received oncological medical care and treatment from Defendant Berenji. 20. During the period of time that Plaintiff John Meisenburg sought and received oncological medical care and treatment from Defendant Berenji, a physician-patient relationship existed between them. 21. At various times from in or about 2014 through the present, Plaintiff John Meisenburg sought and received primary and oncological medical care and treatment from individuals employed by Defendant General Physician. -3- 4 of 9 FILED: ERIE COUNTY CLERK 02/11/2021 10:14 AM INDEX NO. 803362/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 22. Defendants failed to take proper, adequate and timely steps to diagnose and treat Plaintiff John Meisenburg’s thyroid cancer. 23. Plaintiff John Meisenburg was diagnosed with Stage IIIpapillary thyroid cancer in or about March 2019. FIRST CAUSE OF ACTION (Medical Malpractice) 24. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 23 of this Complaint as if fully set forth herein. 25. In rendering medical care and treatment to Plaintiff John Meisenburg, each of the Defendants owed him a duty and responsibility to use reasonable care and diligence. 26. In rendering medical care and treatment to Plaintiff John Meisenburg, each of the Defendants owed him a duty and responsibility not to deviate or depart from good and accepted medical practice. 27. Each of the Defendants failed to exercise reasonable care and diligence in rendering medical care and treatment to Plaintiff John Meisenburg, in that they failed to take proper, adequate and timely steps to diagnose and treat his thyroid cancer. 28. Each of the Defendants deviated from good and accepted medical practice in rendering medical care and treatment to Plaintiff John Meisenburg, in that they failed to take proper, adequate and timely steps to diagnose and treat his thyroid cancer. 29. Defendants were negligent, careless and reckless, and they committed medical malpractice, in that they failed to timely diagnose Plaintiff John Meisenburg’s thyroid cancer. 30. As a direct and proximate result of Defendants’ negligence, carelessness and recklessness, Plaintiff John Meisenburg has been caused to sustain severe and permanent injuries, he -4- 5 of 9 FILED: ERIE COUNTY CLERK 02/11/2021 10:14 AM INDEX NO. 803362/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 has been rendered sick and disabled, he has suffered pain, mental anguish and distress, and loss of enjoyment of life, and he has been caused to incur pecuniary damages, all to his detriment. 31. Plaintiff John Meisenburg hereby seeks judgment as against Defendants for compensatory damages on this cause of action in a fair and reasonable amount as may be awarded by a jury of his peers, together with such other and further relief as to the Court may seem just and proper. SECOND CAUSE OF ACTION (Failure to Obtain an Adequate Informed Consent) 32. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 31 of this Complaint as if fully set forth herein. 33. Heretofore and prior to the aforementioned dates, average qualified members of the medical profession practicing the specialties of each of the Defendants knew or should have known of the risks, potential consequences and alternatives to Defendants’ choice of treatment of Plaintiff John Meisenburg. 34. Defendants knew or should have known of the risks, potential consequences and alternatives to their choice of treatment of Plaintiff John Meisenburg. 35. Defendants failed to inform Plaintiff John Meisenburg of the risks, potential consequences and alternatives to their choice of treatment. 36. If Defendants had informed Plaintiff John Meisenburg of the risks, potential consequences and alternatives to their choice of treatment, neither he nor a reasonable person in his position would have elected Defendants’ choice of treatment. -5- 6 of 9 FILED: ERIE COUNTY CLERK 02/11/2021 10:14 AM INDEX NO. 803362/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 37. The risks, potential consequences and alternatives to Defendants’ choice of treatment were material to a decision by Plaintiff John Meisenburg, and to a reasonable person in his position, as to whether to undergo Defendants’ choice of treatment. 38. As a direct and proximate result of Defendants’ failure to obtain an adequate informed consent from Plaintiff John Meisenburg, he has been caused to sustain severe and permanent disabling injuries, he has been rendered sick and disabled, he has suffered pain, mental anguish and distress, and loss of enjoyment of life, and he has been caused to incur pecuniary damages, all to his detriment. 39. Plaintiff John Meisenburg hereby seeks judgment as against Defendants for compensatory damages on this cause of action in a fair and reasonable amount as may be awarded by a jury of his peers, together with such other and further relief as to the Court may seem just and proper. THIRD CAUSE OF ACTION (Loss of Consortium) 40. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 39 of this Complaint as if fully set forth herein. 41. At all relevant times, Plaintiff John Meisenburg has been lawfully married to Plaintiff Sharon Meisenburg, and the two live together as husband and wife in their marital home. 42. As a direct and proximate result of Defendants’ conduct as described above, Plaintiff Sharon Meisenburg has been deprived of the love, consortium, affection, services and society of her husband, and she has otherwise been caused to suffer damages. 43. Plaintiff Sharon Meisenburg hereby seeks judgment as against said Defendants for compensatory damages on this cause of action in a fair and reasonable amount as may be awarded -6- 7 of 9 FILED: ERIE COUNTY CLERK 02/11/2021 10:14 AM INDEX NO. 803362/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 by a jury of her peers, together with such other and further relief as to the Court may seem just and proper. WHEREFORE, Plaintiffs hereby demand judgment as against the Defendants, on each cause of action, in a fair and reasonable amount as may be awarded by a jury of their peers, together with such other and further relief as to the Court may seem just and proper, including costs and disbursements of this action. DATED: February 11, 2021 PORTER NORDBY HOWE LLP Attorneys for Plaintiffs By: Michael S. Porter, of Counsel Daniel P. Laraby, of Counsel Office & Post Office Address 125 East Jefferson St., 11th Floor Syracuse, New York 13202-2550 315.477.9900 315.477.9923 (facsimile) FAX SERVICE NOT ACCEPTED -7- 8 of 9 FILED: ERIE COUNTY CLERK 02/11/2021 10:14 AM INDEX NO. 803362/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF ERIE JOHN P. MEISENBURG; and SHARON A. MEISENBURG, Plaintiffs, v. Index No.: THOMAS F. HUGHES, III, M.D.; FARID BERENJI, M.D.; and GENERAL PHYSICIAN, P.C., Defendants. ATTORNEY VERIFICATION The undersigned, an attorney admitted to practice in the Courts of the State of New York, hereby affirms under penalties of perjury, that I have read the foregoing COMPLAINT and I know the contents thereof; the same is true to my own knowledge, except as to matters stated to be upon information and belief and, as to those matters, I believe them to be true. I make this verification because Plaintiffs do not reside in Onondaga County where I maintain an office. DATED: February 11, 2021 DANIEL P. LARABY -8- 9 of 9