Preview
FILED: NASSAU COUNTY CLERK 05/06/2021 11:37 AM INDEX NO. 602541/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/06/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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THERESA ACOSTA RAIA, Individually, and as
Administrator of the Estate of JOHN RAIA, DEMAND FOR A
Deceased,
VERIFIED BILL
Plaintiff, OF PARTICULARS
- against -
Index No: 602541/2021
MOUNT SINAI SOUTH NASSAU,
Defendant.
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C O U N S E L :
PLEASE TAKE NOTICE, that pursuant to Rule 3041 et seq. of
the Civil Practice Law and Rules, you are hereby required to serve
upon DOPF, P.C., attorneys for the defendant MOUNT SINAI SOUTH NASSAU,
within twenty (20) days after the service of a copy of this Demand, a
Verified Bill of Particulars of the Complaint, setting forth in
detail the following:
1. The manner and respect in which it is claimed the
defendant, MOUNT SINAI SOUTH NASSAU (hereinafter referred to as
"defendant"), was negligent, careless and unskillful.
2. If it will be claimed that defendant ignored any
signs, symptoms, complaints or past history, identify the signs,
symptoms, complaints or past history which were ignored.
3. State the accepted medical practices, customs and
medical standards which it is claimed were violated and departed from
by the defendant. (See Hawkes v. Mount Sinai Hospital, 75 A.D.2d 509).
4. State the manner in which the defendant departed from
each of the accepted medical practices, customs and standards set forth
in plaintiff* response to Item "3" supra. (See Hawkes v. Mount Sinai
Hospital, supra).
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5. Did the defendant's alleged malpractice occur in the
course of an emergency treatment, procedure or surgery?
6. If it will be claimed that any of the acts or
omissions particularized in Items 1 through 5 were performed by another
for whose acts or omissions the defendant has legal responsibility,
detail as to each such act or omission the name of the person who
performed it, and that person's legal relationship to the defendant.
7. Set forth the following:
(a) The date of each treatment claimed to have been
rendered by defendant.
(b) The date of each act of negligence claimed to have
been committed by defendant.
(c) The place of each treatment claimed to have been
rendered by defendant.
8. State the residence of each plaintiff at the time this
action was commenced.
9. State the dates of birth of each plaintiff and the
decedent.
10. State the Social Security numbers of each plaintiff
and the decedent.
11. Set forth the following:
(a) State the nature, location and extent of each injury
which, it will be claimed, was caused by the
negligence of defendant.
(b) The duration of all such injuries.
(c) State how plaintiff will claim each of said injuries
was caused by the alleged negligence.
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12. If it will be claimed that the aforesaid injuries
necessitated treatment at any institutions, set forth:
(a) The name of each institution.
(b) The dates of confinement at each such institution.
13. If it will be claimed that the aforesaid injuries
necessitated confinement to bed or home, set forth the following:
(a) The dates of confinement to home.
(b) The dates of confinement to bed.
14. If it will be claimed that the aforesaid injuries
necessitated treatment by any physicians, psychologists or other
therapists, set forth:
(a) The name of each such person.
(b) That person's address.
(c) The dates of the patient's treatment.
15. If it is claimed that defendant caused decedent's
death, set forth the following:
(a) The date of death.
(b) The place of death.
(c) The cause of death which plaintiff will claim at time
of trial.
16. Set forth:
(a) The name,
(b) address,
(c) age, and
(d) the affinity to decedent of each person who it is
claimed was dependent upon decedent for support at the
time of death.
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17. If any of the above claims to be decedent's spouse,
set forth the date and place of marriage.
18. State:
(a) The date,
(b) place of decedent's birth, and
(c) the decedent's name at birth.
19. If any loss of support is claimed, set forth the
following:
(a) If the decedent was employed immediately prior to
death:
(1) the decedent's annual salary,
(2) the name, and
(3) address of the employer.
(b) The decedent's occupation.
(c) The decedent's gross earnings for the last year worked
prior to death.
(d) The amount contributed by decedent to the support of
each of the above-named dependents in the last full
year prior to death.
(e) The yearly earnings which, it will be claimed, have
been lost as a result of decedent's death.
(f) The last date decedent worked prior to death.
(g) If the decedent was self-employed in whole or in part:
(1) the nature of such self-employment, and
(2) the earnings of such self-employment for the last
year worked prior to death.
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20. Provide a specific statement of the paragraph of each
subsection of Section 1602 which plaintiff claims applies to exempt
this case from the limitations set forth in Article 16.
21. State the manner and respect in which it is claimed
each paragraph of each subsection of Section 1602 identified above
applies to exempt this case from the limitations set forth in
Article 16.
22. State the acts or omissions, with dates, of defendant
upon which plaintiff will rely in claiming that the paragraphs of
each subsection of Section 1602 identified by plaintiff in Item 20
above apply.
23. Set forth any additional pecuniary loss which will be
claimed as a result of the alleged wrongful death.
24. If any special damages are claimed as a result of
decedent's death, set forth, including but not limited to, the
following:
(a) The charges for the above-named hospitals, separately
listing each hospital bill.
(b) Physicians' charges.
(c) Nursing charges.
(d) Charges for medicine.
(e) Funeral expenses, including:
(1) the name,
(2) the address of the funeral home, and
(3) the place of final interment.
Dated: New York, New York
May 6, 2021
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Yours, etc.,
DOPF, P.C.
By:
Joseph R. Cammarosano
Attorneys for Defendant
MOUNT SINAI SOUTH NASSAU
440 Ninth Avenue, 16th Floor
New York, New York 10001
(212) 244-9090
TO: LEVINE & GROSSMAN
Attorneys for Plaintiff
114 Old Country Road
Mineola, NY 11501
Tel: (516) 248-7575
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Preview
FILED: NASSAU COUNTY CLERK 05/06/2021 11:37 AM INDEX NO. 602541/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/06/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------x THERESA ACOSTA RAIA, Individually, and as Administrator of the Estate of JOHN RAIA, DEMAND FOR A Deceased, VERIFIED BILL Plaintiff, OF PARTICULARS - against - Index No: 602541/2021 MOUNT SINAI SOUTH NASSAU, Defendant. -------------------------------------------x C O U N S E L : PLEASE TAKE NOTICE, that pursuant to Rule 3041 et seq. of the Civil Practice Law and Rules, you are hereby required to serve upon DOPF, P.C., attorneys for the defendant MOUNT SINAI SOUTH NASSAU, within twenty (20) days after the service of a copy of this Demand, a Verified Bill of Particulars of the Complaint, setting forth in detail the following: 1. The manner and respect in which it is claimed the defendant, MOUNT SINAI SOUTH NASSAU (hereinafter referred to as "defendant"), was negligent, careless and unskillful. 2. If it will be claimed that defendant ignored any signs, symptoms, complaints or past history, identify the signs, symptoms, complaints or past history which were ignored. 3. State the accepted medical practices, customs and medical standards which it is claimed were violated and departed from by the defendant. (See Hawkes v. Mount Sinai Hospital, 75 A.D.2d 509). 4. State the manner in which the defendant departed from each of the accepted medical practices, customs and standards set forth in plaintiff* response to Item "3" supra. (See Hawkes v. Mount Sinai Hospital, supra). 1 of 6 FILED: NASSAU COUNTY CLERK 05/06/2021 11:37 AM INDEX NO. 602541/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/06/2021 5. Did the defendant's alleged malpractice occur in the course of an emergency treatment, procedure or surgery? 6. If it will be claimed that any of the acts or omissions particularized in Items 1 through 5 were performed by another for whose acts or omissions the defendant has legal responsibility, detail as to each such act or omission the name of the person who performed it, and that person's legal relationship to the defendant. 7. Set forth the following: (a) The date of each treatment claimed to have been rendered by defendant. (b) The date of each act of negligence claimed to have been committed by defendant. (c) The place of each treatment claimed to have been rendered by defendant. 8. State the residence of each plaintiff at the time this action was commenced. 9. State the dates of birth of each plaintiff and the decedent. 10. State the Social Security numbers of each plaintiff and the decedent. 11. Set forth the following: (a) State the nature, location and extent of each injury which, it will be claimed, was caused by the negligence of defendant. (b) The duration of all such injuries. (c) State how plaintiff will claim each of said injuries was caused by the alleged negligence. 2 4817-4225-0472, v. 1 2 of 6 FILED: NASSAU COUNTY CLERK 05/06/2021 11:37 AM INDEX NO. 602541/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/06/2021 12. If it will be claimed that the aforesaid injuries necessitated treatment at any institutions, set forth: (a) The name of each institution. (b) The dates of confinement at each such institution. 13. If it will be claimed that the aforesaid injuries necessitated confinement to bed or home, set forth the following: (a) The dates of confinement to home. (b) The dates of confinement to bed. 14. If it will be claimed that the aforesaid injuries necessitated treatment by any physicians, psychologists or other therapists, set forth: (a) The name of each such person. (b) That person's address. (c) The dates of the patient's treatment. 15. If it is claimed that defendant caused decedent's death, set forth the following: (a) The date of death. (b) The place of death. (c) The cause of death which plaintiff will claim at time of trial. 16. Set forth: (a) The name, (b) address, (c) age, and (d) the affinity to decedent of each person who it is claimed was dependent upon decedent for support at the time of death. 3 4817-4225-0472, v. 1 3 of 6 FILED: NASSAU COUNTY CLERK 05/06/2021 11:37 AM INDEX NO. 602541/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/06/2021 17. If any of the above claims to be decedent's spouse, set forth the date and place of marriage. 18. State: (a) The date, (b) place of decedent's birth, and (c) the decedent's name at birth. 19. If any loss of support is claimed, set forth the following: (a) If the decedent was employed immediately prior to death: (1) the decedent's annual salary, (2) the name, and (3) address of the employer. (b) The decedent's occupation. (c) The decedent's gross earnings for the last year worked prior to death. (d) The amount contributed by decedent to the support of each of the above-named dependents in the last full year prior to death. (e) The yearly earnings which, it will be claimed, have been lost as a result of decedent's death. (f) The last date decedent worked prior to death. (g) If the decedent was self-employed in whole or in part: (1) the nature of such self-employment, and (2) the earnings of such self-employment for the last year worked prior to death. 4 4817-4225-0472, v. 1 4 of 6 FILED: NASSAU COUNTY CLERK 05/06/2021 11:37 AM INDEX NO. 602541/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/06/2021 20. Provide a specific statement of the paragraph of each subsection of Section 1602 which plaintiff claims applies to exempt this case from the limitations set forth in Article 16. 21. State the manner and respect in which it is claimed each paragraph of each subsection of Section 1602 identified above applies to exempt this case from the limitations set forth in Article 16. 22. State the acts or omissions, with dates, of defendant upon which plaintiff will rely in claiming that the paragraphs of each subsection of Section 1602 identified by plaintiff in Item 20 above apply. 23. Set forth any additional pecuniary loss which will be claimed as a result of the alleged wrongful death. 24. If any special damages are claimed as a result of decedent's death, set forth, including but not limited to, the following: (a) The charges for the above-named hospitals, separately listing each hospital bill. (b) Physicians' charges. (c) Nursing charges. (d) Charges for medicine. (e) Funeral expenses, including: (1) the name, (2) the address of the funeral home, and (3) the place of final interment. Dated: New York, New York May 6, 2021 5 4817-4225-0472, v. 1 5 of 6 FILED: NASSAU COUNTY CLERK 05/06/2021 11:37 AM INDEX NO. 602541/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/06/2021 Yours, etc., DOPF, P.C. By: Joseph R. Cammarosano Attorneys for Defendant MOUNT SINAI SOUTH NASSAU 440 Ninth Avenue, 16th Floor New York, New York 10001 (212) 244-9090 TO: LEVINE & GROSSMAN Attorneys for Plaintiff 114 Old Country Road Mineola, NY 11501 Tel: (516) 248-7575 6 4817-4225-0472, v. 1 6 of 6