Preview
FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------- -----------------------X
DINO BONAVITA,
VERIFIED BILL OF
Plaintiff '
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, SYED MUJAHID SAYEED, M.D., respectfully state upon information and belief as
follows:
1. It will be claimed that the negligent acts and/or omissions commenced 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 SYED MUJAHID SAYEED, M.D.
3. Defendant SYED MUJAHID SAYEED, M.D. itsagents, 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 physicians, nurses,
nurses'
assistants, therapists, personnel, and any additional or other representatives at SYED
1 of 12
FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019
MUJAHID SAYEED, M.D. 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;
negUgently failed to use reasonable 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 finger, right fourth
finger extensor tendon; right fourth finger metacarpophalangeal joint capsule; and right hand;
negligently causing Plaintiff, DINO BONAVITA, to sustain weakness in the 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 of full
function in the ring finger of his right hand; in negligent causing Plaintiff DINO BONAVITA the
2 of 12
FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019
loss of full function in the index finger of his right hand; in negligently failing to supervise the
performance of a surgery in an adequate and professional manñer; in negligently failing to
employees'
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 of Plaintiff's DINO BONAVITA'S medical condition; in
negligently failing to ensure their agents, servants and/or employees timely evaluation of Plaintiff
DINO BONAVITA'S injuries resulting in Plaintiff DINO BONAVITA sustaining a severe
deformity and permanent and serious personally injuries, including but not limited to permanent
mental anguish, conscious pain and suffering, loss of enjoyment of life, economic loss, past and
future earnings and medical expense.
4. See Answer 3.
5 Plaintiff makes no claim as to improper or defective equipment.
6. See Answer 3.
7. Defendants ignored the signs and symptoms of infection and failed to notice foreign
bodies in their treatment. See Answer 3.
8. N/A
9. Plaintiff, DINO BONAVITA, as a result of the negligence of the Defendants,
suffers severe, serious and permanent injuries including but not limited to:
- TRAUNIA TO THE RIGHT HAND
2 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 right finger.
repair, ring
3 of 12
FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019
- Repair of right index finger extensor tendon at the Proxinial interphalangeal joint.
- Skin debridement.
- Placement of splint.
- Removal of foreign bodies with microscope.
- Requirement 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, ligameñts, soft and hard
4 of 12
FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019
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
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 peññanent 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.
9a. All of the above-mentioned injuries are permanent in nature.
10. Plaintiff received treatment at the following hospitals
a. Glen Cove Hospital
b. North Shore University Hospital
11. Plaintiff was confined to his bed and house for 6 months.
12. Plaintiff reserves the right to supplement this response.
13. Plaintiff is not making a claim for lost earnings.
14. Not applicable.
15. Not applicable.
16. Plaintiff will claim any and all collateral source payments to the extent any exist as
a measure of damages.
17. Plaintiff reserves the right to supplement this answer.
5 of 12
FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019
18. 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.
19. Plaintiffs object to this demañd and improper. A demand for Plaintiff DINO
BONAVITA'S social security number is improper in a document that is a matter of public record.
Notwithstanding said objection, Plaintiff DINO BONAVITA has previously provided his social
security on HIPPA authorizations.
20. Plaintiff objects to this demand as being improper in that itfails to comply with the
provisions of Rule 3043(a) of the CPLR and/or calls for evidentiary material or information in the
form, or to be gleaned from, expert testimony and therefore such demand is overly broad, improper
and beyond the scope of the bill of particulars. See Felock v. Albany Medical Center Hospital, 258
(3rd
A D.2d 772 (311 Dept., 1999); Liddell v. Crcc, 233 A.D.2d 593 Dept., 1996); Dellagio v. Paul,
(2nd
250 A.D.2d 806 1998) HeyW ard v. Ellenville Gommunity Hospital, 215 A.D.2d 967
(3rd (2nd
Dept., 1995); McKenzie v. St. Elizabeth Hospital, 81 A.D.2d 1003 Dept., 1981);
(3rd (2nd
Rockefeller v. 1-Iwang, 106 A.D.2d 817 Dept., 1984); Wadler v. Stern, 124 A.D.2d 725
Dept., 1986); and Patterson v. Jewish Hospitqal & Medical Center of Brooklyn, 94 Misc. 2d 680,
(2nd
aff'd 65 A D 2d 553 Dept., 1978). Without waiving said objections, Plaintiff responds as
follows:
Specifically, defendant, , SYED MUJAHID SAYEED, M.D., violated Public Health Law
("PHL") §2808 in that violations of any state and/or federal regulations are violated of PHL §
2808; PHL § 2803-c in that they failed to protect the rights of the patient, violated those rights,
PHL in to provide adequate medical care to the PHL 2808-
including § 2808-c(3) failing patient; §
6 of 12
FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019
a in that defendant, , SYED MUJAHID SAYEED, M.D., pursuant to PHL §§ 2808, AND/OR
2808-c, "shall also be liable,jointly and severally, with and to the extent as such residential health
care facility, to such person or class ofpersons for damages or to the state for any civil fine, penalty,
damages;"
assessment or
That at all times, defendant, SYED MUJAHID SAYEED, M.D., held itself out to the
general public and to the Plaintiff, in particular, to be a medical facility in which members of the
general public, including Plaintiff, could receive care and treatment in a competent and safe
maññer, and in accordance with the standards of accepted medical, surgical and nursing care and
practice. Plaintiff was admitted to defendant, , SYED MUJAIHD SAYEED, M.D.'s medical
facility for care, treatment and diagnosis of these ailments, and during his admission to defendant,
, SYED MUJAHID SAYEED, M.D.'s facility, itis asserted that defendant, , SYED MUJAHID
SAYEED, M.D., was responsible to treat Plaintiff, not only for those complaints she had on
admission, but also for unknown ailments and/or ailments which developed while at defendant ,
SYED MUJAHID SAYEED, M.D.'s medical facility. This included but is not limited to:
permanent trauma and loss of function of right hand.
21. 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 y 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
7 of 12
FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019
(3rd
are also patently improper pursuant to Liddell v Cree, 233 A.D. 2d 593, 649 N.Y.S. 2d 101
(2nd
Dept. 1996) and Cirelli v Victory Memorial Hosptial, 45 A.D. 2d 856, 358 N.Y.S. 2d536 Dept.
1974). Without waiving any objections, however, itis claimed that the answering defendant failed
to advise and impart any information to the patient regarding any risks, alternatives or benefits of
any of the 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.
PLEASE TAKE FURTHER NOTICE, that the Plaintiffreserves the right to amend and/or
supplement the aforesaid responses up to and including the time of trial.
Dated New Yofk, New York
January 15, 2019
Yours, Etc.
CAITLIN ROBIN, ESQ
CAITLIN ROBIN & ASSOCIATES PLLC
Attorneys for Plaintiff
30 Broad Street, Suite 702
New York, NY 10004
Phone: (646) 524-6026
TO:
LAW OFFICE OF BENVENUTO & SLATTERY
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
8 of 12
FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019
RUBIN SHEELEY PATERNITI
GQNZALEZ 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
9 of 12
FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018
NYSCEF DOC. NO. 15 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 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 affirmation 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
JÃ nuary 15, 2019
Caitlin Robin, Esq.
10 of 12
FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018
NYSCEF DOC. NO. 15 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
VERIFIED BILL OF PARTICULARS
on January , 2019
by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official
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
RUB1N SHEELEY PATERNITI
GONZALEZ KAUFMAN, LLP
1225 Franklin Avenue, Suite 200
Garden City, New York 1153
Sworn to before me January , 2019
Notary Public
JUL1E ANNE ! A0SEN
NOTARY PUBLIC-STATE OF NEW YORK
No.01LA6352111
Qualified In NewYork Co nty
My Commission Expires Ue w2020
11 of 12
FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019
Index No. 611506/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
D1NO BONAVITA,
Plaintiff,
-against-
SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH
SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH,
Defendants.
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
12 of 12
Preview
FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------- -----------------------X DINO BONAVITA, VERIFIED BILL OF Plaintiff ' 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, SYED MUJAHID SAYEED, M.D., respectfully state upon information and belief as follows: 1. It will be claimed that the negligent acts and/or omissions commenced 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 SYED MUJAHID SAYEED, M.D. 3. Defendant SYED MUJAHID SAYEED, M.D. itsagents, 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 physicians, nurses, nurses' assistants, therapists, personnel, and any additional or other representatives at SYED 1 of 12 FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019 MUJAHID SAYEED, M.D. 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; negUgently failed to use reasonable 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 finger, right fourth finger extensor tendon; right fourth finger metacarpophalangeal joint capsule; and right hand; negligently causing Plaintiff, DINO BONAVITA, to sustain weakness in the 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 of full function in the ring finger of his right hand; in negligent causing Plaintiff DINO BONAVITA the 2 of 12 FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019 loss of full function in the index finger of his right hand; in negligently failing to supervise the performance of a surgery in an adequate and professional manñer; in negligently failing to employees' 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 of Plaintiff's DINO BONAVITA'S medical condition; in negligently failing to ensure their agents, servants and/or employees timely evaluation of Plaintiff DINO BONAVITA'S injuries resulting in Plaintiff DINO BONAVITA sustaining a severe deformity and permanent and serious personally injuries, including but not limited to permanent mental anguish, conscious pain and suffering, loss of enjoyment of life, economic loss, past and future earnings and medical expense. 4. See Answer 3. 5 Plaintiff makes no claim as to improper or defective equipment. 6. See Answer 3. 7. Defendants ignored the signs and symptoms of infection and failed to notice foreign bodies in their treatment. See Answer 3. 8. N/A 9. Plaintiff, DINO BONAVITA, as a result of the negligence of the Defendants, suffers severe, serious and permanent injuries including but not limited to: - TRAUNIA TO THE RIGHT HAND 2 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 right finger. repair, ring 3 of 12 FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019 - Repair of right index finger extensor tendon at the Proxinial interphalangeal joint. - Skin debridement. - Placement of splint. - Removal of foreign bodies with microscope. - Requirement 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, ligameñts, soft and hard 4 of 12 FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019 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 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 peññanent 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. 9a. All of the above-mentioned injuries are permanent in nature. 10. Plaintiff received treatment at the following hospitals a. Glen Cove Hospital b. North Shore University Hospital 11. Plaintiff was confined to his bed and house for 6 months. 12. Plaintiff reserves the right to supplement this response. 13. Plaintiff is not making a claim for lost earnings. 14. Not applicable. 15. Not applicable. 16. Plaintiff will claim any and all collateral source payments to the extent any exist as a measure of damages. 17. Plaintiff reserves the right to supplement this answer. 5 of 12 FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019 18. 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. 19. Plaintiffs object to this demañd and improper. A demand for Plaintiff DINO BONAVITA'S social security number is improper in a document that is a matter of public record. Notwithstanding said objection, Plaintiff DINO BONAVITA has previously provided his social security on HIPPA authorizations. 20. Plaintiff objects to this demand as being improper in that itfails to comply with the provisions of Rule 3043(a) of the CPLR and/or calls for evidentiary material or information in the form, or to be gleaned from, expert testimony and therefore such demand is overly broad, improper and beyond the scope of the bill of particulars. See Felock v. Albany Medical Center Hospital, 258 (3rd A D.2d 772 (311 Dept., 1999); Liddell v. Crcc, 233 A.D.2d 593 Dept., 1996); Dellagio v. Paul, (2nd 250 A.D.2d 806 1998) HeyW ard v. Ellenville Gommunity Hospital, 215 A.D.2d 967 (3rd (2nd Dept., 1995); McKenzie v. St. Elizabeth Hospital, 81 A.D.2d 1003 Dept., 1981); (3rd (2nd Rockefeller v. 1-Iwang, 106 A.D.2d 817 Dept., 1984); Wadler v. Stern, 124 A.D.2d 725 Dept., 1986); and Patterson v. Jewish Hospitqal & Medical Center of Brooklyn, 94 Misc. 2d 680, (2nd aff'd 65 A D 2d 553 Dept., 1978). Without waiving said objections, Plaintiff responds as follows: Specifically, defendant, , SYED MUJAHID SAYEED, M.D., violated Public Health Law ("PHL") §2808 in that violations of any state and/or federal regulations are violated of PHL § 2808; PHL § 2803-c in that they failed to protect the rights of the patient, violated those rights, PHL in to provide adequate medical care to the PHL 2808- including § 2808-c(3) failing patient; § 6 of 12 FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019 a in that defendant, , SYED MUJAHID SAYEED, M.D., pursuant to PHL §§ 2808, AND/OR 2808-c, "shall also be liable,jointly and severally, with and to the extent as such residential health care facility, to such person or class ofpersons for damages or to the state for any civil fine, penalty, damages;" assessment or That at all times, defendant, SYED MUJAHID SAYEED, M.D., held itself out to the general public and to the Plaintiff, in particular, to be a medical facility in which members of the general public, including Plaintiff, could receive care and treatment in a competent and safe maññer, and in accordance with the standards of accepted medical, surgical and nursing care and practice. Plaintiff was admitted to defendant, , SYED MUJAIHD SAYEED, M.D.'s medical facility for care, treatment and diagnosis of these ailments, and during his admission to defendant, , SYED MUJAHID SAYEED, M.D.'s facility, itis asserted that defendant, , SYED MUJAHID SAYEED, M.D., was responsible to treat Plaintiff, not only for those complaints she had on admission, but also for unknown ailments and/or ailments which developed while at defendant , SYED MUJAHID SAYEED, M.D.'s medical facility. This included but is not limited to: permanent trauma and loss of function of right hand. 21. 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 y 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 7 of 12 FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019 (3rd are also patently improper pursuant to Liddell v Cree, 233 A.D. 2d 593, 649 N.Y.S. 2d 101 (2nd Dept. 1996) and Cirelli v Victory Memorial Hosptial, 45 A.D. 2d 856, 358 N.Y.S. 2d536 Dept. 1974). Without waiving any objections, however, itis claimed that the answering defendant failed to advise and impart any information to the patient regarding any risks, alternatives or benefits of any of the 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. PLEASE TAKE FURTHER NOTICE, that the Plaintiffreserves the right to amend and/or supplement the aforesaid responses up to and including the time of trial. Dated New Yofk, New York January 15, 2019 Yours, Etc. CAITLIN ROBIN, ESQ CAITLIN ROBIN & ASSOCIATES PLLC Attorneys for Plaintiff 30 Broad Street, Suite 702 New York, NY 10004 Phone: (646) 524-6026 TO: LAW OFFICE OF BENVENUTO & SLATTERY 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 8 of 12 FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019 RUBIN SHEELEY PATERNITI GQNZALEZ 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 9 of 12 FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 15 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 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 affirmation 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 Jà nuary 15, 2019 Caitlin Robin, Esq. 10 of 12 FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 15 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 VERIFIED BILL OF PARTICULARS on January , 2019 by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official 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 RUB1N SHEELEY PATERNITI GONZALEZ KAUFMAN, LLP 1225 Franklin Avenue, Suite 200 Garden City, New York 1153 Sworn to before me January , 2019 Notary Public JUL1E ANNE ! A0SEN NOTARY PUBLIC-STATE OF NEW YORK No.01LA6352111 Qualified In NewYork Co nty My Commission Expires Ue w2020 11 of 12 FILED: NASSAU COUNTY CLERK 01/17/2019 11:07 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/17/2019 Index No. 611506/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU D1NO BONAVITA, Plaintiff, -against- SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, Defendants. 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 12 of 12