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FILED: NASSAU COUNTY CLERK 01/17/2019 10:42 AM INDEX NO. 611506/2018
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------X
DINO BONAVITA
AMENDED VERIFIED
Plaintiff '
BILL OF PARTICULARS
-against-
Index No.: 611506/2018
SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF
NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL,
and NORTHWELL HEALTH.
Defendants.
------ X
PLEASE TAKE NOTICE that, plaintiff, by and through his attorneys, CAITLIN
ROBIN & ASSOCIATES PLLC, responding to the demands for Verified Bill of Particulars of
Defendant NORTH SHORE UNIVERSITY HOSPITAL. respectfully state upon information
and belief as follows:
1. It will be claimed that the negligent acts and/or omissions commeñced on or about
July 21, 2017 up to and including October 31, 2017.
2. The negligent acts and/or omissions occurred upon the defendant's premises and at
all of the locations of the defendants, their agents, servants and employees treated Plaintiff DINO
BONAVITA, including the premises of Defendant NORTH SHORE UNIVERSITY
HOSPITAL.
3. Defendant NORTH SHORE UNIVERSITY HOSPITAL its agents, servants,
partners and/or employees among other individuals were negligent in the care rendered for an on
behalf of Plaintiff DINO BONAVITA, in negligently failing and neglecting to use reasonable care
in the services and care rendered for and on behalf of Plaintiff DINO BONAVITA. The
negligence of the answering defendants, by an through their agents, servants, employees, staff
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nurses'
physicians, nurses, assistants, therapists, personnel, and any additional or other
representatives at NORTHSHORE UNIVERSITY HEALTH consisted of: negligently failing
to supervise and control their agents, servants and/or employees negligent failing to timely assess
Plaintiff DINO BONAVITA; negligently failing to properly assess Plaintiff DINO BONAVITA;
negligently failing to properly assess for the risk of presence of a foreign body upon admission to
defendant's premises; negligently failing to identify a presence of a foreign body upon admission
to defendant's premises; negligently failing to supervise and control their agents, servants and/or
employees who rendered medical care to Plaintiff, DINO BONAVITA who under their
supervision and control were negligent, carelessly failed to use reasonable care and deviated from
the good and accepted standards of medical practice in their care, treatment, testing, and surgical
services of Plaintiff DINO BONAVITA, including the failure to timely, properly, and
appropriately perform assessments, diagnostics, care, treatment, testing, and surgical services on
Plaintiff DINO BONAVITA'Ss right hand before, during, and after surgery occurring on July 21,
2017; negligently failed to use reas0ñable care, deviated from good and accepted standards of
medical practice in their care, in failing to provide timely, proper, and appropriate treatment of
Plaintiff, DINO BONAVITA'S medical condition, including injury to Plaintiff, DINO
BONAVTIA'S right hand, in failing to remove all foreign glass body; negligently causing, and
allowing Plaintiff, DINO BONAVITA'S medical condition to worsen; negligently causing and
allowing Plaintiff, DINO BONAVITA, to sustain severe and permanent injury to his right fourth
fmger, right fourth finger extensor tendon; right fourth fmger metacarpophalangeal joint capsule;
and right hand; Plaintiff, DINO BONAVITA, to sustain weakness in the
negligently causing ring
finger of his right hand, in negligent causing Plaintiff, DINO BONAVITA to sustain weakness in
the index fingers of his right hand; in negligently causing Plaintiff, DINO BONAVITA, the loss
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of full function in the ring finger of his right hand; in negligent causing Plaintiff DINO
BONAVITA the loss of full function in the index finger ofhis right hand; in negligently failing to
supervise the performance of a surgery in an adequate and professional maññer; in negligently
employees'
failing to supervise their agents, servants and/or interpretation of pre and post
operation radiology films; in negligently failing ensure the heed or appreciation of their agents,
servants and/or employees the significance ofPlaintiff's DINO BONAVITA'S medical condition;
in negligently failing to ensure their agents, servants and/or employees timely evaluation of
PlaÏntiff DINO BONAVITA'S injuries resulting in Plaintiff DINO BONAVITA sustaining a
severe deformity and permanent and serious personally injuries, including but not limited to
peññañeñt mental anguish, conscious pain and suffering, loss of enjoyment of life, economic loss,
past and future earnings and medical expense.
4 Not applicable. No such notice of a condition, whether actual or constructive is a
prerequisite in this matter.
See supra, response number 4
6. Plaintiff, DINO BONAVITA, as a result of the negligence of the Defendant
suffers severe, serious and periñañênt injuries including but not linïited to:
- TRAUMA TO THE RIGHT HAND
- Three surgical repairs under general anesthesia required to reconstruct the tendon of the
right hand and the remove foreign glass material
- Extensor tendon repair right finger.
- Metacarpophalangeal joint capsule nght finger.
repair, ring
- Repair ofright index finger extensor tendon at the Proximal Interphalangeal joint.
- Skin debridement.
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- Placement of splint.
- Removal of foreign bodies with microscope.
- Requiremeñt to undergo maximal rehabilitation and physical and occupational therapy
which may require up to one year, three days per week.
- Weakness and loss of function of right hand.
- Weakness and loss of function of finger.
ring
- Weakness and loss of function of index finger.
- to with right hand with normal strength.
Inability fully grasp
- Restrictions in weight with right no more than 15 (fifteen pounds).
baring hand,
- to utilize the right hand to manipulate fine objects.
Inability
- of future in order to regain function of right finger.
Possibility surgery ring
- of future in order to remove scar tissue at joint location of right
Possibility surgery ring
finger.
- PERMANENT TRAUMA TO THE RIGHT HAND
- Weakness and loss of function of right hand.
- Weakness and loss of function of finger.
ring
- Weakness and loss of function of index finger.
- to with right hand with normal strength.
Inability fully grasp
- Restrictions in weight with right no more than 15 (fifteen
baring hand, pounds)
- Possible future hand surgery
In addition, further involvement of Plaintiff's muscles, tendons, ligaments, soft and hard
tissues, cartilaginous parts, body capsules and joints, blood vessels, nerves and nervous system in
and about the surrounding areas of the aforesaid injured parts, all associated with and accompanied
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with pain, tenderness, swelling, stiffness, weakness, disfigurement, deformity, immobility,
disability, and restriction and limitation of motion in which may result in an arthritic condition.
All of the injuries stated above are permanent in nature. The above injuries were
accompanied by severe pain, tenderness, swelling, stiffness, discomfort, distress, weakness,
depression, stress, psychological difficulties, restriction of motion, and with related injuries,
damages, compromise and degeneration of the underlying soft tissue, blood vessels, bones, nerves,
tendons, ligaments and musculature and all of the natural consequences following therefore.
Plaintiff experiences anxiety, tension, difficulty sleeping, personality changes, depression, and
distress.
7. Plaintiff makes no claim as to improper or defective equipment.
8. Length of time confined to:
a. Bed: 6 months.
b. House: 6 months.
c. Hospital: 1 day.
9 (a) At this tinie, Plaintiff DINO BONAVITA makes no claim for past special
damages as to phynician's expenses. Please be advised that Plaintiff DINO BONAVITA has not
physicians'
been reimbursed by any insurance cornpany but the expenses associated with DINO
BONAVITA's care and treatment have been covered by policies of. Plaintiff DINO BONAVITA
will claim past damages to the full extent of any amounts claimed by statutory lien holders to be
due and owing and/or to the full extent of any amounts attached by statutory lien holders claimed
to be due and owing. Additionally, Plaintiff DINO BONAVITA claims that any attached statutory
liens are the full responsibility of the defenAnts.
nurses'
(b). At tbis time, Plaintiff DINO BONAVITA makes no past special damages as to
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services. Please be advised that Plaintiff DINO BONAVITA has not been reimbursed by any
nurses'
insurance company, but the expenses associated with DINO BONAVITA's care and
treatment have been covered by policies of insurance. Plaintiff DINO BONAVITA will claim
past damages to the full extent of any amounts claimed by statutory lien holders to be due and
owing and/or to the fullextent of any amounts attached by statutory lien holders claimed to be due
and owing. Additionally, Plaintiff DINO BONAVITA claims that any attached statutory liens
are the full responsibility of the defendants.
(c).At this time, Plaintiff DINO BONAVITA makes no claims for past special damages
supplies'
as to medical expenses. Please be advised that Plaintiff DINO BONAVITA has not
been reimbursed by any insurance company, but the medical supplies expenses associated with
Plaintiff DINO BONAVITA's care and treatments have been covered by policies of insurance.
Plaintiff DINO BONAVITA will claim past damages to the full extent of any amounts claimed
by statutory lien holders to be due and owing and/or to the full extent of any amounts attached by
statutory lien holders claimed to be due and owing. Additionally, Plaintiff DINO BONAVITA
claims that any attached statutory liens are the fullresponsibility of the defendants.
(d). At this time, Plaintiff DINO BONAVITA makes no claims for past special damages
hospitals'
as to expenses. Please be advised that Plaintiff DINO BONAVITA has not been
reimbursed by any insurance company, but the medical supplies expenses associated with Plaintiff
DINO BONAVITA's care and treatments have been covered by policies of insurance. Plaintiff
DINO BONAVITA will claim past damages to the full extent of any amounts claimed by statutory
lien holders to be due and owing and/or to the full extent of any amounts attached by statutory lien
holders claimed to be due and owing. Additionally, Plaintiff DINO BONAVITA claims that any
attached statutory liens are the full responsibility of the defendants.
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(e) Plaintiff DINO BONAVITA will make a claim for lost earnings; however to date are
unquantifiable as Plaintiff continues to undergo treatment for the injuries sustained by the
negligence of the defendants. Additionally, Plaintiff DINO BONAVITA claims that any loss
earnings are the full responsibility of the defendants.
(g) Plaintiff DINO BONAVITA will make a claim for other expenses; however to date
are unquantifiable as Plaintiff continues to undergo treatment for the injuries sustained by the
negligence of defendants.. Additionally, Plaintiff DINO BONAVITA claims that any other
expenses are the full responsibility of the defendants.
10. Plaintiff reserves the right to supplement this response
11. Plaintiff is not making a claim for lost earnmgs.
12. To maintain and secure the confidentiality of Plaintiff, DINO BONAVITA date of
birth, and in compliance with the Uniform Civil Rules of the Supreme Court and County Courts,
202.5(e), same has been previously provided on allHIPAA authorizations.
13. To maintain and secure the confidentiality of Plaintiff, DINO BONAVITA date of
birth, and in compliance with the Uniform Civil Rules of the Supreme Court and County Courts
202.5(e), same has been previously provided on all HIPAA authorizations. Plaintiff resides in
Roslyn, New York.
14. Plaintiffs object to this demand and improper. A demand for Plaintiff DINO
BONAVITA'S social security number is improper in a document that is a matter of public record.
Plaintiff DINO BONAVITA'S Verified Bill of Particulars will be part of any Defendant Motions,
including discovery motions, and Motions for Summary Judgment, and Plaintiff's Marked
Pleadings. See General Business Law 399-dd. Notwithstanding said objection, Plaintiff DINO
BONAVITA has previously provided his social security on HIPPA authorizations.
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15. Vicarious Liability.
a.) As stated in Plaintiff DINO BONAVITA's Summons and Verified
Complaint, answering Defendant NORTHWELL HEALTH, is vicariously liable for the actions
and/or admissions of the Defendant SYED MUJAHID SAYEED, M.D.
b.) As stated in Plaintiff DINO BONAVITA's Summons and Verified
Complaint, answering Defendant NORTH SHORE UNIVERSITY HOSPITAL, is vicariously
liable for the actions and/or admissions of the Defendant SYED MUJAHID SAYEED, M.D
because at all relevant times, Defendant NORTH SHORE UNIVERSITY HOSPITAL, owned,
operated, maintained, supervised, managed, and controlled certain medical facilities known as
NORTH SHORE UNIVERSITY HOSPITAL, where itemployed such agents, servants, and/or
employees for the purpose of rending diagnosis, care, treatment, surgical services, and advice to
members of the general public, including Plaintiff DINO BONAVITA.
16. Plaintiff objects to this demand as improper. Plaintiff DINO BONAVITA objects
to the demands for the details of the informed consent claim as being improper in that they fail to
comply with the provisions of CPLR 3043(a) and/or call for evidentiary material or information
in the form of, or to be gleaned from, expert testimony and therefore, such demand is overly broad,
improper and beyond the scope of a bill of particulars. Dellagio v Paul, 250 A.D. 2d 806, 673
N.Y.S2d 212 (2d Dept't 1998); McKenzie v St. Elizabeth Hospital, 81 A.D. 2d 1003, 440 N.Y.S
2d 109 (2d Dep't 1981); Patterson v Jewish Hosp. & Med Center of Brooklyn, 94 Misc 2d.
680,405 N.Y.S 2d 194 aff'd 65 A.D. 2d 553, 409 N.Y.S.2d 124 (2d Dep't 1978). These demands
(3rd
are also patently improper pursuant to Liddell v Cree, 233 A.D. 2d 593, 649 N.Y.S. 2d 101
(211d
Dept. 1996) and Cirelliv Victory MemorialHosptial, 45 A.D. 2d 856, 358 N.Y.S. 2d536
1974). Without waiving any objections, however, itis claimed that the answering defendant failed
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any ofthe procedures and/or treatment the plaintiff received during the subject care and treatment
and the alternative modalities of treatment associated therewith. No information as to the risks,
hazards or alternatives to the care and treatment were given and thus, no informed consent was
obtained. Had the risks of same been explained to the patient, a reasonable person would have
chosen a course of treatment which would have spare the injuries suffered.
17. The limitation on liability set forth in CPLR Article 16 does not apply to this action
in that they are inapplicable to any portion of a jury award for economic damages, are inapplicable
to any jury award wherein the within defendant may be found to be more than 50% liable and they
are inapplicable because the doctrine of respondeat superior applies in this case.
18. Not applicable.
19. Not applicable
20. Plaintiff has siot filed, nor been a part of any other lawsuit.
21. Plaintiff was born in Nassau County, New York
PLEASE TAKE FURTHER NOTICE, that the Plaintiff reserves the right to amend
and/or supplement the aforesaid responses up to and including the time of trial.
Dated: New York, New York
January 15, 2019
Yours, Etc.
CAITLIN ROBIN, ESQ
CAITLIN ROB1N & ASSOCIATES PLLC
Attorneys for Plaintiff
30 Broad Street, Suite 702
New York, NY 10004
Phone: (646) 524-6026
TO:
LAW OFFICE OF BENVENUTO & SLATTERY
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Attorneys for Defendants
SYED MUJAHID SAYEED, M.D., and
PRECISION SURGERY OF NEW YORK, P.C.
1800 Northern Boulevard
Roslyn, New York, 11576
(516) 775-2236
RUBIN SHEELEY PATERNITI
GONZALEZ KAUFMAN, LLP
Attorneys for Defendant
NORTH SHORE UNIVERSITY HOSPITAL,
and NORTHWELL HEALTH
1225 Franklin Avenue, Suite 200
Garden City, New York 1153
(516) 344-6376
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ATTORNEY'S VERIFICATION BY AFFIRMATION
Caitlin Robin, an attorney duly admitted to practice before the Courts of the State of New
York, affirms the following to be true under the penalties of perjury:
I am an attorney at CAITLIN ROBIN & ASSOCIATES PLLC, attorneys of record for
Plaintiff, DINO BONAVITA have read the annexed AMENDED VERIFIED BILL OF
PARTICULARS and know the contents thereof, and the same are true to my knowledge, except
those matters therein which are stated to be alleged upon information and belief, and as to those
matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge,
is based upon facts, records, and other pertinent information contained in my files.
The reason I make the foregoing affumation instead of the Plaintiff is because Plaintiff is
not presently in the county wherein the attorneys for the Plaintiff maintain their offices.
Dated New York, New York
January 15, 2019
Caitlin Robin, Esq.
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK, COUNTY OF NEW YORK ss.:
Sandy Sun being duly sworn, deposes and says:
I am over 18 years of age, I am not a party to the action, and I reside in Essex County in the State
of New Jersey.
I served a true copy of the annexed
AMENDED VERIFIED BILL OF PARTICULARS
on January1, 2019
mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official
by
depository of the U.S. Postal Service within the State of New York, addressed to the last known
address of the addressee as indicated below:
LAW OFFICE OF BENVENUTO & SLATTERY
1800 Northern Boulevard
Roslyn, New York, 11576
RUBIN SHEELEY PATERNITI
GONZALEZ KAUFMAN, LLP
1225 Franklin Avenue, Suite 200
Garden City, New York 1153
. .
dy Sun
Sworn to before me January1, 2019
Notary Public
JULIE ANNE LARSEN
NOTARY POBLIC-STATE OF NEW YORK
No. 01LA6362111
Qualified InNew YorkCounty
My Commission Expires 12-19-2020
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Index No. 611506/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
DINO BONAVITA,
Plaintiff,
-against-
SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH
SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH,
Defendants.
AMENDED VERIFIED BILL OF PARTICULARS
CAITLIN ROBIN & ASSOCIATES PLLC
Attorneys for Plaintiff
DINO BONAVITA
30 Broad Street, Suite 702
New York, NY 10004
(646) 524-6026
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Preview
FILED: NASSAU COUNTY CLERK 01/17/2019 10:42 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------X DINO BONAVITA AMENDED VERIFIED Plaintiff ' BILL OF PARTICULARS -against- Index No.: 611506/2018 SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH. Defendants. ------ X PLEASE TAKE NOTICE that, plaintiff, by and through his attorneys, CAITLIN ROBIN & ASSOCIATES PLLC, responding to the demands for Verified Bill of Particulars of Defendant NORTH SHORE UNIVERSITY HOSPITAL. respectfully state upon information and belief as follows: 1. It will be claimed that the negligent acts and/or omissions commeñced on or about July 21, 2017 up to and including October 31, 2017. 2. The negligent acts and/or omissions occurred upon the defendant's premises and at all of the locations of the defendants, their agents, servants and employees treated Plaintiff DINO BONAVITA, including the premises of Defendant NORTH SHORE UNIVERSITY HOSPITAL. 3. Defendant NORTH SHORE UNIVERSITY HOSPITAL its agents, servants, partners and/or employees among other individuals were negligent in the care rendered for an on behalf of Plaintiff DINO BONAVITA, in negligently failing and neglecting to use reasonable care in the services and care rendered for and on behalf of Plaintiff DINO BONAVITA. The negligence of the answering defendants, by an through their agents, servants, employees, staff 1 of 13 FILED: NASSAU COUNTY CLERK 01/17/2019 10:42 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2019 nurses' physicians, nurses, assistants, therapists, personnel, and any additional or other representatives at NORTHSHORE UNIVERSITY HEALTH consisted of: negligently failing to supervise and control their agents, servants and/or employees negligent failing to timely assess Plaintiff DINO BONAVITA; negligently failing to properly assess Plaintiff DINO BONAVITA; negligently failing to properly assess for the risk of presence of a foreign body upon admission to defendant's premises; negligently failing to identify a presence of a foreign body upon admission to defendant's premises; negligently failing to supervise and control their agents, servants and/or employees who rendered medical care to Plaintiff, DINO BONAVITA who under their supervision and control were negligent, carelessly failed to use reasonable care and deviated from the good and accepted standards of medical practice in their care, treatment, testing, and surgical services of Plaintiff DINO BONAVITA, including the failure to timely, properly, and appropriately perform assessments, diagnostics, care, treatment, testing, and surgical services on Plaintiff DINO BONAVITA'Ss right hand before, during, and after surgery occurring on July 21, 2017; negligently failed to use reas0ñable care, deviated from good and accepted standards of medical practice in their care, in failing to provide timely, proper, and appropriate treatment of Plaintiff, DINO BONAVITA'S medical condition, including injury to Plaintiff, DINO BONAVTIA'S right hand, in failing to remove all foreign glass body; negligently causing, and allowing Plaintiff, DINO BONAVITA'S medical condition to worsen; negligently causing and allowing Plaintiff, DINO BONAVITA, to sustain severe and permanent injury to his right fourth fmger, right fourth finger extensor tendon; right fourth fmger metacarpophalangeal joint capsule; and right hand; Plaintiff, DINO BONAVITA, to sustain weakness in the negligently causing ring finger of his right hand, in negligent causing Plaintiff, DINO BONAVITA to sustain weakness in the index fingers of his right hand; in negligently causing Plaintiff, DINO BONAVITA, the loss 2 of 13 FILED: NASSAU COUNTY CLERK 01/17/2019 10:42 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2019 of full function in the ring finger of his right hand; in negligent causing Plaintiff DINO BONAVITA the loss of full function in the index finger ofhis right hand; in negligently failing to supervise the performance of a surgery in an adequate and professional maññer; in negligently employees' failing to supervise their agents, servants and/or interpretation of pre and post operation radiology films; in negligently failing ensure the heed or appreciation of their agents, servants and/or employees the significance ofPlaintiff's DINO BONAVITA'S medical condition; in negligently failing to ensure their agents, servants and/or employees timely evaluation of PlaÏntiff DINO BONAVITA'S injuries resulting in Plaintiff DINO BONAVITA sustaining a severe deformity and permanent and serious personally injuries, including but not limited to peññañeñt mental anguish, conscious pain and suffering, loss of enjoyment of life, economic loss, past and future earnings and medical expense. 4 Not applicable. No such notice of a condition, whether actual or constructive is a prerequisite in this matter. See supra, response number 4 6. Plaintiff, DINO BONAVITA, as a result of the negligence of the Defendant suffers severe, serious and periñañênt injuries including but not linïited to: - TRAUMA TO THE RIGHT HAND - Three surgical repairs under general anesthesia required to reconstruct the tendon of the right hand and the remove foreign glass material - Extensor tendon repair right finger. - Metacarpophalangeal joint capsule nght finger. repair, ring - Repair ofright index finger extensor tendon at the Proximal Interphalangeal joint. - Skin debridement. 3 of 13 FILED: NASSAU COUNTY CLERK 01/17/2019 10:42 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2019 - Placement of splint. - Removal of foreign bodies with microscope. - Requiremeñt to undergo maximal rehabilitation and physical and occupational therapy which may require up to one year, three days per week. - Weakness and loss of function of right hand. - Weakness and loss of function of finger. ring - Weakness and loss of function of index finger. - to with right hand with normal strength. Inability fully grasp - Restrictions in weight with right no more than 15 (fifteen pounds). baring hand, - to utilize the right hand to manipulate fine objects. Inability - of future in order to regain function of right finger. Possibility surgery ring - of future in order to remove scar tissue at joint location of right Possibility surgery ring finger. - PERMANENT TRAUMA TO THE RIGHT HAND - Weakness and loss of function of right hand. - Weakness and loss of function of finger. ring - Weakness and loss of function of index finger. - to with right hand with normal strength. Inability fully grasp - Restrictions in weight with right no more than 15 (fifteen baring hand, pounds) - Possible future hand surgery In addition, further involvement of Plaintiff's muscles, tendons, ligaments, soft and hard tissues, cartilaginous parts, body capsules and joints, blood vessels, nerves and nervous system in and about the surrounding areas of the aforesaid injured parts, all associated with and accompanied 4 of 13 FILED: NASSAU COUNTY CLERK 01/17/2019 10:42 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2019 with pain, tenderness, swelling, stiffness, weakness, disfigurement, deformity, immobility, disability, and restriction and limitation of motion in which may result in an arthritic condition. All of the injuries stated above are permanent in nature. The above injuries were accompanied by severe pain, tenderness, swelling, stiffness, discomfort, distress, weakness, depression, stress, psychological difficulties, restriction of motion, and with related injuries, damages, compromise and degeneration of the underlying soft tissue, blood vessels, bones, nerves, tendons, ligaments and musculature and all of the natural consequences following therefore. Plaintiff experiences anxiety, tension, difficulty sleeping, personality changes, depression, and distress. 7. Plaintiff makes no claim as to improper or defective equipment. 8. Length of time confined to: a. Bed: 6 months. b. House: 6 months. c. Hospital: 1 day. 9 (a) At this tinie, Plaintiff DINO BONAVITA makes no claim for past special damages as to phynician's expenses. Please be advised that Plaintiff DINO BONAVITA has not physicians' been reimbursed by any insurance cornpany but the expenses associated with DINO BONAVITA's care and treatment have been covered by policies of. Plaintiff DINO BONAVITA will claim past damages to the full extent of any amounts claimed by statutory lien holders to be due and owing and/or to the full extent of any amounts attached by statutory lien holders claimed to be due and owing. Additionally, Plaintiff DINO BONAVITA claims that any attached statutory liens are the full responsibility of the defenAnts. nurses' (b). At tbis time, Plaintiff DINO BONAVITA makes no past special damages as to 5 of 13 FILED: NASSAU COUNTY CLERK 01/17/2019 10:42 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2019 services. Please be advised that Plaintiff DINO BONAVITA has not been reimbursed by any nurses' insurance company, but the expenses associated with DINO BONAVITA's care and treatment have been covered by policies of insurance. Plaintiff DINO BONAVITA will claim past damages to the full extent of any amounts claimed by statutory lien holders to be due and owing and/or to the fullextent of any amounts attached by statutory lien holders claimed to be due and owing. Additionally, Plaintiff DINO BONAVITA claims that any attached statutory liens are the full responsibility of the defendants. (c).At this time, Plaintiff DINO BONAVITA makes no claims for past special damages supplies' as to medical expenses. Please be advised that Plaintiff DINO BONAVITA has not been reimbursed by any insurance company, but the medical supplies expenses associated with Plaintiff DINO BONAVITA's care and treatments have been covered by policies of insurance. Plaintiff DINO BONAVITA will claim past damages to the full extent of any amounts claimed by statutory lien holders to be due and owing and/or to the full extent of any amounts attached by statutory lien holders claimed to be due and owing. Additionally, Plaintiff DINO BONAVITA claims that any attached statutory liens are the fullresponsibility of the defendants. (d). At this time, Plaintiff DINO BONAVITA makes no claims for past special damages hospitals' as to expenses. Please be advised that Plaintiff DINO BONAVITA has not been reimbursed by any insurance company, but the medical supplies expenses associated with Plaintiff DINO BONAVITA's care and treatments have been covered by policies of insurance. Plaintiff DINO BONAVITA will claim past damages to the full extent of any amounts claimed by statutory lien holders to be due and owing and/or to the full extent of any amounts attached by statutory lien holders claimed to be due and owing. Additionally, Plaintiff DINO BONAVITA claims that any attached statutory liens are the full responsibility of the defendants. 6 of 13 FILED: NASSAU COUNTY CLERK 01/17/2019 10:42 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2019 (e) Plaintiff DINO BONAVITA will make a claim for lost earnings; however to date are unquantifiable as Plaintiff continues to undergo treatment for the injuries sustained by the negligence of the defendants. Additionally, Plaintiff DINO BONAVITA claims that any loss earnings are the full responsibility of the defendants. (g) Plaintiff DINO BONAVITA will make a claim for other expenses; however to date are unquantifiable as Plaintiff continues to undergo treatment for the injuries sustained by the negligence of defendants.. Additionally, Plaintiff DINO BONAVITA claims that any other expenses are the full responsibility of the defendants. 10. Plaintiff reserves the right to supplement this response 11. Plaintiff is not making a claim for lost earnmgs. 12. To maintain and secure the confidentiality of Plaintiff, DINO BONAVITA date of birth, and in compliance with the Uniform Civil Rules of the Supreme Court and County Courts, 202.5(e), same has been previously provided on allHIPAA authorizations. 13. To maintain and secure the confidentiality of Plaintiff, DINO BONAVITA date of birth, and in compliance with the Uniform Civil Rules of the Supreme Court and County Courts 202.5(e), same has been previously provided on all HIPAA authorizations. Plaintiff resides in Roslyn, New York. 14. Plaintiffs object to this demand and improper. A demand for Plaintiff DINO BONAVITA'S social security number is improper in a document that is a matter of public record. Plaintiff DINO BONAVITA'S Verified Bill of Particulars will be part of any Defendant Motions, including discovery motions, and Motions for Summary Judgment, and Plaintiff's Marked Pleadings. See General Business Law 399-dd. Notwithstanding said objection, Plaintiff DINO BONAVITA has previously provided his social security on HIPPA authorizations. 7 of 13 FILED: NASSAU COUNTY CLERK 01/17/2019 10:42 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2019 15. Vicarious Liability. a.) As stated in Plaintiff DINO BONAVITA's Summons and Verified Complaint, answering Defendant NORTHWELL HEALTH, is vicariously liable for the actions and/or admissions of the Defendant SYED MUJAHID SAYEED, M.D. b.) As stated in Plaintiff DINO BONAVITA's Summons and Verified Complaint, answering Defendant NORTH SHORE UNIVERSITY HOSPITAL, is vicariously liable for the actions and/or admissions of the Defendant SYED MUJAHID SAYEED, M.D because at all relevant times, Defendant NORTH SHORE UNIVERSITY HOSPITAL, owned, operated, maintained, supervised, managed, and controlled certain medical facilities known as NORTH SHORE UNIVERSITY HOSPITAL, where itemployed such agents, servants, and/or employees for the purpose of rending diagnosis, care, treatment, surgical services, and advice to members of the general public, including Plaintiff DINO BONAVITA. 16. Plaintiff objects to this demand as improper. Plaintiff DINO BONAVITA objects to the demands for the details of the informed consent claim as being improper in that they fail to comply with the provisions of CPLR 3043(a) and/or call for evidentiary material or information in the form of, or to be gleaned from, expert testimony and therefore, such demand is overly broad, improper and beyond the scope of a bill of particulars. Dellagio v Paul, 250 A.D. 2d 806, 673 N.Y.S2d 212 (2d Dept't 1998); McKenzie v St. Elizabeth Hospital, 81 A.D. 2d 1003, 440 N.Y.S 2d 109 (2d Dep't 1981); Patterson v Jewish Hosp. & Med Center of Brooklyn, 94 Misc 2d. 680,405 N.Y.S 2d 194 aff'd 65 A.D. 2d 553, 409 N.Y.S.2d 124 (2d Dep't 1978). These demands (3rd are also patently improper pursuant to Liddell v Cree, 233 A.D. 2d 593, 649 N.Y.S. 2d 101 (211d Dept. 1996) and Cirelliv Victory MemorialHosptial, 45 A.D. 2d 856, 358 N.Y.S. 2d536 1974). Without waiving any objections, however, itis claimed that the answering defendant failed 8 of 13 FILED: NASSAU COUNTY CLERK 01/17/2019 10:42 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2019 any ofthe procedures and/or treatment the plaintiff received during the subject care and treatment and the alternative modalities of treatment associated therewith. No information as to the risks, hazards or alternatives to the care and treatment were given and thus, no informed consent was obtained. Had the risks of same been explained to the patient, a reasonable person would have chosen a course of treatment which would have spare the injuries suffered. 17. The limitation on liability set forth in CPLR Article 16 does not apply to this action in that they are inapplicable to any portion of a jury award for economic damages, are inapplicable to any jury award wherein the within defendant may be found to be more than 50% liable and they are inapplicable because the doctrine of respondeat superior applies in this case. 18. Not applicable. 19. Not applicable 20. Plaintiff has siot filed, nor been a part of any other lawsuit. 21. Plaintiff was born in Nassau County, New York PLEASE TAKE FURTHER NOTICE, that the Plaintiff reserves the right to amend and/or supplement the aforesaid responses up to and including the time of trial. Dated: New York, New York January 15, 2019 Yours, Etc. CAITLIN ROBIN, ESQ CAITLIN ROB1N & ASSOCIATES PLLC Attorneys for Plaintiff 30 Broad Street, Suite 702 New York, NY 10004 Phone: (646) 524-6026 TO: LAW OFFICE OF BENVENUTO & SLATTERY 9 of 13 FILED: NASSAU COUNTY CLERK 01/17/2019 10:42 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2019 Attorneys for Defendants SYED MUJAHID SAYEED, M.D., and PRECISION SURGERY OF NEW YORK, P.C. 1800 Northern Boulevard Roslyn, New York, 11576 (516) 775-2236 RUBIN SHEELEY PATERNITI GONZALEZ KAUFMAN, LLP Attorneys for Defendant NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH 1225 Franklin Avenue, Suite 200 Garden City, New York 1153 (516) 344-6376 10 of 13 FILED: NASSAU COUNTY CLERK 01/17/2019 10:42 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2019 ATTORNEY'S VERIFICATION BY AFFIRMATION Caitlin Robin, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am an attorney at CAITLIN ROBIN & ASSOCIATES PLLC, attorneys of record for Plaintiff, DINO BONAVITA have read the annexed AMENDED VERIFIED BILL OF PARTICULARS and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. The reason I make the foregoing affumation instead of the Plaintiff is because Plaintiff is not presently in the county wherein the attorneys for the Plaintiff maintain their offices. Dated New York, New York January 15, 2019 Caitlin Robin, Esq. 11 of 13 FILED: NASSAU COUNTY CLERK 01/17/2019 10:42 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2019 AFFIDAVIT OF SERVICE STATE OF NEW YORK, COUNTY OF NEW YORK ss.: Sandy Sun being duly sworn, deposes and says: I am over 18 years of age, I am not a party to the action, and I reside in Essex County in the State of New Jersey. I served a true copy of the annexed AMENDED VERIFIED BILL OF PARTICULARS on January1, 2019 mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official by depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee as indicated below: LAW OFFICE OF BENVENUTO & SLATTERY 1800 Northern Boulevard Roslyn, New York, 11576 RUBIN SHEELEY PATERNITI GONZALEZ KAUFMAN, LLP 1225 Franklin Avenue, Suite 200 Garden City, New York 1153 . . dy Sun Sworn to before me January1, 2019 Notary Public JULIE ANNE LARSEN NOTARY POBLIC-STATE OF NEW YORK No. 01LA6362111 Qualified InNew YorkCounty My Commission Expires 12-19-2020 12 of 13 FILED: NASSAU COUNTY CLERK 01/17/2019 10:42 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2019 Index No. 611506/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU DINO BONAVITA, Plaintiff, -against- SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, Defendants. AMENDED VERIFIED BILL OF PARTICULARS CAITLIN ROBIN & ASSOCIATES PLLC Attorneys for Plaintiff DINO BONAVITA 30 Broad Street, Suite 702 New York, NY 10004 (646) 524-6026 13 of 13