On August 24, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Dino Bonavita,
and
North Shore University Hospital,
Northwell Health,
Precision Surgery Of New York, Pc,
Syed Mujahid Sayeed Md,
for Torts - Medical, Dental, or Podiatrist Malpractice
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 11/05/2021 01:12 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/05/2021
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FILED: NASSAU COUNTY CLERK 11/05/2021 01:12 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/05/2021
DO&ON
DOUF & NELSON llp
The International Corporate Center, 555 Theodore Fremd Avenue, Rye, NY 1 0580
Telephone: 914.381.7600 www.dorflaw.com Facsimile: 914.967.1765
CLARE MCKENNA, ESQ.
ASSOCIATE
DIRECT DIAL: (914) 607-5928
E-MAIL: cmckenna@,dortl aw. com
October 6, 2020
Via E-Mail: arieta@robinandassociates.com and First-Class Mail
Caitlin Robin & Associates, PLLC
30 Broad Street, Suite 702
New York, New York 10004
Attn. : Arjeta Albani, Esq.
Re: Bonavita v. Sayeed, M.D., et. al.
Index#: 0611506/2018
D&NFile#: 017-2118/19
Dear Ms. Albani:
As you know, our firm represents Dr. Syed M. Sayeed and Precision Surgery of New York P.C.
in the above-noted matter. Please allow this correspondence to serve as a formal request for
outstanding discovery.
Specifically, we have not received a response to our June 24, 2019 Demand for Physical
Examination pursuant to 22 NYCRR §§ 202.17 and 208.13 and CPLR §3 121(b). As you are
aware, Hamilton v. Miller. 23 N.Y. 3d 592 (2014) states that section 202.17 (b) obligates the
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the injuries and conditions of the plaintiff, including diagnosis and prognosis. The Court of
Appeals has further stated that the rule requires plaintiff to obtain the information from
examining physicians and treating physicians whether or not the information is contained in
existing reports. If the records of the treating and examining physicians do not include the
information on the injuries and conditions, their diagnosis and prognosis, the plaintiffs must have
the medical providers’ draft reports setting forth that information. As such, kindly provide a
response to this demand at your earliest convenience.
Manhattan | Westchester | Garden City | Los Angeles
(DN OO133426.DOC;! }
FILED: NASSAU COUNTY CLERK 11/05/2021 01:12 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/05/2021
DUON
Thank you for your anticipated cooperation with this matter. Should you have any questions or
concerns, please do not hesitate to contact our office.
Clare McKenna
cc: Via E-Mail: Klein@RPGKLAW.com and First-Class Mail
Rubin Patemiti Gonzalez Kaufman
1225 Franklin Avenue, Suite 200
Garden City, New York 11530
Attn: Nicole Klein, Esq.
Phone: 914.381.7600 www.dorflaw.com Fax: 914.967.1765
2
{DN 00133426.DOC;! }
FILED: NASSAU COUNTY CLERK 11/05/2021 01:12 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/05/2021
DOR.F & NELSON llp
The International Corporate Center, 555 Theodore Fremd Avenue, Rye, NY 1 0580
Telephone: 914.381.7600 www.dorflaw.com • Facsimile: 914.967.1765
DEBORAHA. DYCKMAN, ESQ.
COUNSEL
DIRECT DIAL; (914)607-5935
E-MAIL: ddvckman@dorflaw.com
June 14, 2021
Via E-Mail: arjeta@robinandassociates.com and First-Class Mail
Caitlin Robin & Associates, PLLC
30 Broad Street, Suite 702
New York, New York 10004
Attn.: Arjeta Albani, Esq.
Re: Bonavita v. Sayeed, et. al.
Index#: 611506/2018
D&NFile#: 017-2118/19
Dear Ms. Albani:
I am writing to follow-up with regard to our June 24, 2019 demand for physical examination
discovery. We sent a follow up letter and you responded via letter dated February 8, 2021 that you
had not yet had your client examined. I am writing to inquire as to whether you have had your
client examined up to the present time and ifso Iwould ask that you please provide us with the
reports. We need to determine whether we need to have your client examined or not, so I would
appreciate your prompt response. Copies of our prior demand and correspondence are annexed
hereto.
Thank you for your attention to this matter.
Very truly yours,
Deborah A. Dyckman
Enclosures
cc: Via E-Mail: Klein@rpgrklaw.com and First-Class Mail
Rubin Paterniti Gonzalez Rizzo Kaufman LLP
1225 Franklin Avenue, Suite 200
Garden City, New York 11530
Attn.: Nicole Klein, Esq.
Manhattan | Westchester | Garden City | Los Angeles
{DN 00 1 59634. DOCX; 1 }
Document Filed Date
November 05, 2021
Case Filing Date
August 24, 2018
Category
Torts - Medical, Dental, or Podiatrist Malpractice
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NASSAU COUNTY CLERK 11/05/2021 01:12 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/05/2021 MHBMBKB Hn FILED: NASSAU COUNTY CLERK 11/05/2021 01:12 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/05/2021 DO&ON DOUF & NELSON llp The International Corporate Center, 555 Theodore Fremd Avenue, Rye, NY 1 0580 Telephone: 914.381.7600 www.dorflaw.com Facsimile: 914.967.1765 CLARE MCKENNA, ESQ. ASSOCIATE DIRECT DIAL: (914) 607-5928 E-MAIL: cmckenna@,dortl aw. com October 6, 2020 Via E-Mail: arieta@robinandassociates.com and First-Class Mail Caitlin Robin & Associates, PLLC 30 Broad Street, Suite 702 New York, New York 10004 Attn. : Arjeta Albani, Esq. Re: Bonavita v. Sayeed, M.D., et. al. Index#: 0611506/2018 D&NFile#: 017-2118/19 Dear Ms. Albani: As you know, our firm represents Dr. Syed M. Sayeed and Precision Surgery of New York P.C. in the above-noted matter. Please allow this correspondence to serve as a formal request for outstanding discovery. Specifically, we have not received a response to our June 24, 2019 Demand for Physical Examination pursuant to 22 NYCRR §§ 202.17 and 208.13 and CPLR §3 121(b). As you are aware, Hamilton v. Miller. 23 N.Y. 3d 592 (2014) states that section 202.17 (b) obligates the r\1 ai-nffFF I.Vvuluill ivpvitd that VXX14L p f/ao-ifal IIIVIU-U-V a IVVllUl rvF AJX vnKai VVXXM’l tacft-mArw LXXCU. IVD IXXXXMXXj' VXXV ^/XUXXXLIXX VVXXXuiivi ac ad W the injuries and conditions of the plaintiff, including diagnosis and prognosis. The Court of Appeals has further stated that the rule requires plaintiff to obtain the information from examining physicians and treating physicians whether or not the information is contained in existing reports. If the records of the treating and examining physicians do not include the information on the injuries and conditions, their diagnosis and prognosis, the plaintiffs must have the medical providers’ draft reports setting forth that information. As such, kindly provide a response to this demand at your earliest convenience. Manhattan | Westchester | Garden City | Los Angeles (DN OO133426.DOC;! } FILED: NASSAU COUNTY CLERK 11/05/2021 01:12 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/05/2021 DUON Thank you for your anticipated cooperation with this matter. Should you have any questions or concerns, please do not hesitate to contact our office. Clare McKenna cc: Via E-Mail: Klein@RPGKLAW.com and First-Class Mail Rubin Patemiti Gonzalez Kaufman 1225 Franklin Avenue, Suite 200 Garden City, New York 11530 Attn: Nicole Klein, Esq. Phone: 914.381.7600 www.dorflaw.com Fax: 914.967.1765 2 {DN 00133426.DOC;! } FILED: NASSAU COUNTY CLERK 11/05/2021 01:12 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/05/2021 DOR.F & NELSON llp The International Corporate Center, 555 Theodore Fremd Avenue, Rye, NY 1 0580 Telephone: 914.381.7600 www.dorflaw.com • Facsimile: 914.967.1765 DEBORAHA. DYCKMAN, ESQ. COUNSEL DIRECT DIAL; (914)607-5935 E-MAIL: ddvckman@dorflaw.com June 14, 2021 Via E-Mail: arjeta@robinandassociates.com and First-Class Mail Caitlin Robin & Associates, PLLC 30 Broad Street, Suite 702 New York, New York 10004 Attn.: Arjeta Albani, Esq. Re: Bonavita v. Sayeed, et. al. Index#: 611506/2018 D&NFile#: 017-2118/19 Dear Ms. Albani: I am writing to follow-up with regard to our June 24, 2019 demand for physical examination discovery. We sent a follow up letter and you responded via letter dated February 8, 2021 that you had not yet had your client examined. I am writing to inquire as to whether you have had your client examined up to the present time and ifso Iwould ask that you please provide us with the reports. We need to determine whether we need to have your client examined or not, so I would appreciate your prompt response. Copies of our prior demand and correspondence are annexed hereto. Thank you for your attention to this matter. Very truly yours, Deborah A. Dyckman Enclosures cc: Via E-Mail: Klein@rpgrklaw.com and First-Class Mail Rubin Paterniti Gonzalez Rizzo Kaufman LLP 1225 Franklin Avenue, Suite 200 Garden City, New York 11530 Attn.: Nicole Klein, Esq. Manhattan | Westchester | Garden City | Los Angeles {DN 00 1 59634. DOCX; 1 }