Preview
FILED: QUEENS COUNTY CLERK 09/24/2021 04:14 PM INDEX NO. 721341/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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HAFSA SULTAN, as mother and natural guardian of
Z.M., an infant, and HAFSA SULTAN, individually, Index No.:
Date Filed:
Plaintiff(s),
-against- SUMMONS
THE NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION, ANDREW DITCHIK, M.D., KELLY
CHRISTINE BOGAERT, M.D., SHARRONNE
HOLTZMAN, M.D., and LAWRENCE NOBLE, M.D.,
Defendant(s).
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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(s) within twenty days after the services of this summons
exclusive of the day of service, where service is made by delivery upon you personally within
the state, or within thirty 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.
The basis of venue is Statutory
The incident occurred at Elmhurst Hospital, 79-01 Broadway, NY.
Dated: New York, New York
September 23, 2021
Yours, etc.,
Robert Vilensky
Robert Vilensky
RONEMUS & VILENSKY
Attorneys for Plaintiff(s)
112 Madison Avenue, 2nd Floor
New York, New York 10016
(212) 779-7070
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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HAFSA SULTAN, as mother and natural guardian of
Z.M., an infant and HAFSA SULTAN, individually, Index No.:
Date Filed:
Plaintiff(s),
VERIFIED
-against- COMPLAINT
THE NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION, ANDREW DITCHIK, M.D., KELLY
CHRISTINE BOGAERT, M.D., SHARRONNE
HOLTZMAN, M.D., and LAWRENCE NOBLE, M.D.,
Defendant(s).
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Plaintiff, by her attorneys RONEMUS & VILENSKY, complaining of the defendants
herein, respectfully shows to the Court, and allege as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1. That this action falls within one or more of the exemptions set forth in CPLR
§1602.
2. That at all times herein mentioned, defendant NEW YORK CITY HEALTH AND
HOSPITALS CORP. (hereinafter referred to as “NYCH&H”) was a municipal
corporation in the business of supplying medical services to the poor and
disabled.
3. That prior hereto, a sworn Notice of Claim, setting forth the name and address of
said claimant and her attorney; the nature of the claim; the time when, the place
where, and the manner in which the claim arose; and the items of damage and
injury claimed to have been sustained was timely served.
2 of 7
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4. That the defendant NYCH&H has wholly neglected and refused to make any
adjustments or payments thereof and more than 30 days has elapsed since the
presentation of the claim.
5. That defendant NYCH&H held a 50h hearing pursuant to their statutory rights.
6. That this action is being commenced within one year and ninety days after accrual
of this cause of action or within the time allowed by law.
7. That at all times herein mentioned, defendant NYCH&H maintained and
controlled a hospital known as Elmhurst Hospital.
8. That at all times herein mentioned, defendant ANDREW DITCHIK, M.D. was a
physician duly licensed to practice medicine in the State of New York.
9. That at all times herein mentioned, defendant KELLY CHRISTINE BOGAERT,
M.D. was a physician duly licensed to practice medicine in the State of New
York.
10. That at all times herein mentioned, defendant SHARONNE HOLTZMAN, M.D.
was a physician duly licensed to practice medicine in the State of New York.
11. That at all times herein mentioned, defendant LAWRENCE NOBLE, M.D. was a
physician duly licensed to practice medicine in the state of New York.
12. That at all times herein mentioned defendant ANDREW DITCHIK, M.D. was an
employee, servant, and/or agent of co-defendant NYCH&H.
13. That at all times herein mentioned, defendant ANDREW DITCHIK, M.D.
rendered medical care to the plaintiff and infant plaintiff.
14. That at all times herein mentioned defendant KELLY CHRISTINE BOGAERT,
M.D. was an employee, servant, and/or agent of co-defendant NYCH&H.
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15. That at all times herein mentioned, defendant KELLY CHRISTINE BOGAERT,
M.D. rendered medical care to the plaintiff and infant plaintiff.
16. That at all times herein mentioned defendant SHARONNE HOLTZMAN, M.D.
was an employee, servant, and/or agent of co-defendant NYCH&H.
17. That at all times herein mentioned, defendant SHARONNE HOLTZMAN, M.D.
rendered medical care to the plaintiff and infant plaintiff.
18. That at all times herein mentioned defendant LAWRENCE NOBLE, M.D. was an
employee, servant, and/or agent of co-defendant NYCH&H.
19. That at all times herein mentioned, defendant LAWFRENCE NOBLE, M.D.
rendered medical care to the plaintiff and infant plaintiff.
20. That in or around September, 2019, and thereafter, the defendants, their agents,
servants and/or employees rendered medical and nursing services to the plaintiff
and infant plaintiff.
21. That at all times herein mentioned, the medical and nursing services rendered by
the defendants, their agents, servant and/or employees were negligent and
constituted medical and nursing malpractice in that the defendant failed to
properly treat plaintiff for her pregnancy, labor and delivery.
22. Defendant NYCH&H is vicariously liable for the co-defendants named herein.
23. Defendant NYCH&H is vicariously liable for those persons who rendered
medical and/or nursing care to the plaintiffs while they were a patient at Elmhurst
Hospital.
24. As a result of the foregoing, the plaintiff HAFSA SULTAN has been severely
damaged, both psychologically and physically.
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25. As a result of the foregoing, the infant plaintiff, Z.M., has been severely damaged,
both psychologically and physically.
AS AND FOR A SECOND CAUSE OF ACTION
26. Plaintiff begs to repeat and reallege each and every allegation heretofore set forth
in the first cause of action with the same force and effect as if set forth herein at
length.
27. A reasonably prudent person in the plaintiff’s position would not have undergone
the diagnosis or treatment if she had been fully informed of the risks, hazards, and
complications of the diagnosis and treatment rendered by the defendants and the
alternatives thereto.
28. That the lack of informed consent is a proximate cause of the injuries or
conditions for which recovery is sought herein.
AS AND FOR A THIRD CAUSE OF ACTION
29. Plaintiff begs to repeat and reallege each and every allegation heretofore set forth
in the first cause of action and the second cause of action with the same force and
effect as if set forth herein at length.
30. Plaintiff HAFSA SULTAN is the mother and natural guardian of the infant
plaintiff, Z.M., that said plaintiff at all times did support and provide for the said
infant.
31. That by reason of the negligence the defendants, their agents, servants and
employees as aforesaid and the injuries resulting to said infant, plaintiff has
caused to incur and expend and still continues to expend and incur monies for
medical treatment, care and attend in her endeavor to cure her child of the injuries
5 of 7
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as aforesaid; that this plaintiff is informed and believes that her child will
continue to suffer pain and inconvenience in the future and because of the injuries
it will make her necessary to incur and expend money for similar purposes in the
future and that this plaintiff will be deprived of the comfort, companionship and
services of said infant all to her damage in an amount in excess of all lower courts
which would otherwise have jurisdiction over the subject matter.
WHEREFORE, Plaintiff demands judgment on the first cause of action and on the second
cause of action and on the third cause of action each on the amount in excess of the jurisdictional
limits of all lower courts which would otherwise have jurisdiction over the subject matter herein,
together with the costs and disbursements of this action.
Dated: New York, New York
September 23, 2021
Yours, etc.,
Robert Vilensky
Robert Vilensky
RONEMUS & VILENSKY
Attorneys for Plaintiff(s)
112 Madison Avenue, 2nd Floor
New York, New York 10016
(212) 779-7070
6 of 7
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2021
STATE OF NEW YORK, COUNTY OF NEW YORK ss:
I, the undersigned, an attorney admitted to practice in the Courts of New York State, state
under penalty of perjury that I am one of the attorneys for the plaintiff(s) in the within action; I
have read the foregoing VERIFIED COMPLAINT and know the contents thereof; the same is
true to my own knowledge, except as to the matters I believe to be true. The reason this
verification is made by me and not by my client(s), is that my client(s) are not presently in the
County where I maintain my offices. The grounds of my belief as to all matters not stated upon
my own knowledge are the materials in my file and the investigation conducted by my office.
Dated: New York, New York
September 23, 2021
Robert Vilensky
7 of 7
Preview
FILED: QUEENS COUNTY CLERK 09/24/2021 04:14 PM INDEX NO. 721341/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------------------------------X HAFSA SULTAN, as mother and natural guardian of Z.M., an infant, and HAFSA SULTAN, individually, Index No.: Date Filed: Plaintiff(s), -against- SUMMONS THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, ANDREW DITCHIK, M.D., KELLY CHRISTINE BOGAERT, M.D., SHARRONNE HOLTZMAN, M.D., and LAWRENCE NOBLE, M.D., Defendant(s). --------------------------------------------------------------------X 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(s) within twenty days after the services of this summons exclusive of the day of service, where service is made by delivery upon you personally within the state, or within thirty 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. The basis of venue is Statutory The incident occurred at Elmhurst Hospital, 79-01 Broadway, NY. Dated: New York, New York September 23, 2021 Yours, etc., Robert Vilensky Robert Vilensky RONEMUS & VILENSKY Attorneys for Plaintiff(s) 112 Madison Avenue, 2nd Floor New York, New York 10016 (212) 779-7070 1 of 7 FILED: QUEENS COUNTY CLERK 09/24/2021 04:14 PM INDEX NO. 721341/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------------------------------X HAFSA SULTAN, as mother and natural guardian of Z.M., an infant and HAFSA SULTAN, individually, Index No.: Date Filed: Plaintiff(s), VERIFIED -against- COMPLAINT THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, ANDREW DITCHIK, M.D., KELLY CHRISTINE BOGAERT, M.D., SHARRONNE HOLTZMAN, M.D., and LAWRENCE NOBLE, M.D., Defendant(s). --------------------------------------------------------------------X Plaintiff, by her attorneys RONEMUS & VILENSKY, complaining of the defendants herein, respectfully shows to the Court, and allege as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. That this action falls within one or more of the exemptions set forth in CPLR §1602. 2. That at all times herein mentioned, defendant NEW YORK CITY HEALTH AND HOSPITALS CORP. (hereinafter referred to as “NYCH&H”) was a municipal corporation in the business of supplying medical services to the poor and disabled. 3. That prior hereto, a sworn Notice of Claim, setting forth the name and address of said claimant and her attorney; the nature of the claim; the time when, the place where, and the manner in which the claim arose; and the items of damage and injury claimed to have been sustained was timely served. 2 of 7 FILED: QUEENS COUNTY CLERK 09/24/2021 04:14 PM INDEX NO. 721341/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2021 4. That the defendant NYCH&H has wholly neglected and refused to make any adjustments or payments thereof and more than 30 days has elapsed since the presentation of the claim. 5. That defendant NYCH&H held a 50h hearing pursuant to their statutory rights. 6. That this action is being commenced within one year and ninety days after accrual of this cause of action or within the time allowed by law. 7. That at all times herein mentioned, defendant NYCH&H maintained and controlled a hospital known as Elmhurst Hospital. 8. That at all times herein mentioned, defendant ANDREW DITCHIK, M.D. was a physician duly licensed to practice medicine in the State of New York. 9. That at all times herein mentioned, defendant KELLY CHRISTINE BOGAERT, M.D. was a physician duly licensed to practice medicine in the State of New York. 10. That at all times herein mentioned, defendant SHARONNE HOLTZMAN, M.D. was a physician duly licensed to practice medicine in the State of New York. 11. That at all times herein mentioned, defendant LAWRENCE NOBLE, M.D. was a physician duly licensed to practice medicine in the state of New York. 12. That at all times herein mentioned defendant ANDREW DITCHIK, M.D. was an employee, servant, and/or agent of co-defendant NYCH&H. 13. That at all times herein mentioned, defendant ANDREW DITCHIK, M.D. rendered medical care to the plaintiff and infant plaintiff. 14. That at all times herein mentioned defendant KELLY CHRISTINE BOGAERT, M.D. was an employee, servant, and/or agent of co-defendant NYCH&H. 3 of 7 FILED: QUEENS COUNTY CLERK 09/24/2021 04:14 PM INDEX NO. 721341/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2021 15. That at all times herein mentioned, defendant KELLY CHRISTINE BOGAERT, M.D. rendered medical care to the plaintiff and infant plaintiff. 16. That at all times herein mentioned defendant SHARONNE HOLTZMAN, M.D. was an employee, servant, and/or agent of co-defendant NYCH&H. 17. That at all times herein mentioned, defendant SHARONNE HOLTZMAN, M.D. rendered medical care to the plaintiff and infant plaintiff. 18. That at all times herein mentioned defendant LAWRENCE NOBLE, M.D. was an employee, servant, and/or agent of co-defendant NYCH&H. 19. That at all times herein mentioned, defendant LAWFRENCE NOBLE, M.D. rendered medical care to the plaintiff and infant plaintiff. 20. That in or around September, 2019, and thereafter, the defendants, their agents, servants and/or employees rendered medical and nursing services to the plaintiff and infant plaintiff. 21. That at all times herein mentioned, the medical and nursing services rendered by the defendants, their agents, servant and/or employees were negligent and constituted medical and nursing malpractice in that the defendant failed to properly treat plaintiff for her pregnancy, labor and delivery. 22. Defendant NYCH&H is vicariously liable for the co-defendants named herein. 23. Defendant NYCH&H is vicariously liable for those persons who rendered medical and/or nursing care to the plaintiffs while they were a patient at Elmhurst Hospital. 24. As a result of the foregoing, the plaintiff HAFSA SULTAN has been severely damaged, both psychologically and physically. 4 of 7 FILED: QUEENS COUNTY CLERK 09/24/2021 04:14 PM INDEX NO. 721341/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2021 25. As a result of the foregoing, the infant plaintiff, Z.M., has been severely damaged, both psychologically and physically. AS AND FOR A SECOND CAUSE OF ACTION 26. Plaintiff begs to repeat and reallege each and every allegation heretofore set forth in the first cause of action with the same force and effect as if set forth herein at length. 27. A reasonably prudent person in the plaintiff’s position would not have undergone the diagnosis or treatment if she had been fully informed of the risks, hazards, and complications of the diagnosis and treatment rendered by the defendants and the alternatives thereto. 28. That the lack of informed consent is a proximate cause of the injuries or conditions for which recovery is sought herein. AS AND FOR A THIRD CAUSE OF ACTION 29. Plaintiff begs to repeat and reallege each and every allegation heretofore set forth in the first cause of action and the second cause of action with the same force and effect as if set forth herein at length. 30. Plaintiff HAFSA SULTAN is the mother and natural guardian of the infant plaintiff, Z.M., that said plaintiff at all times did support and provide for the said infant. 31. That by reason of the negligence the defendants, their agents, servants and employees as aforesaid and the injuries resulting to said infant, plaintiff has caused to incur and expend and still continues to expend and incur monies for medical treatment, care and attend in her endeavor to cure her child of the injuries 5 of 7 FILED: QUEENS COUNTY CLERK 09/24/2021 04:14 PM INDEX NO. 721341/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2021 as aforesaid; that this plaintiff is informed and believes that her child will continue to suffer pain and inconvenience in the future and because of the injuries it will make her necessary to incur and expend money for similar purposes in the future and that this plaintiff will be deprived of the comfort, companionship and services of said infant all to her damage in an amount in excess of all lower courts which would otherwise have jurisdiction over the subject matter. WHEREFORE, Plaintiff demands judgment on the first cause of action and on the second cause of action and on the third cause of action each on the amount in excess of the jurisdictional limits of all lower courts which would otherwise have jurisdiction over the subject matter herein, together with the costs and disbursements of this action. Dated: New York, New York September 23, 2021 Yours, etc., Robert Vilensky Robert Vilensky RONEMUS & VILENSKY Attorneys for Plaintiff(s) 112 Madison Avenue, 2nd Floor New York, New York 10016 (212) 779-7070 6 of 7 FILED: QUEENS COUNTY CLERK 09/24/2021 04:14 PM INDEX NO. 721341/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/24/2021 STATE OF NEW YORK, COUNTY OF NEW YORK ss: I, the undersigned, an attorney admitted to practice in the Courts of New York State, state under penalty of perjury that I am one of the attorneys for the plaintiff(s) in the within action; I have read the foregoing VERIFIED COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to the matters I believe to be true. The reason this verification is made by me and not by my client(s), is that my client(s) are not presently in the County where I maintain my offices. The grounds of my belief as to all matters not stated upon my own knowledge are the materials in my file and the investigation conducted by my office. Dated: New York, New York September 23, 2021 Robert Vilensky 7 of 7