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FILED: NASSAU COUNTY CLERK 09/28/2018 08:52 AM INDEX NO. 611506/2018
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/28/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
. ....- --x
DINO BONAVITA,
Plaintiff, VERIFIED ANSWER
-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
The defendant, SYED MUJAHID SAYEED, M.D., by his attorneys, LAW OFFICES OF
BENVENUTO & SLATTERY, answering the complaint of the plaintiff, upon information and
belief, respectfully shows to this Court and alleges:
1, Denies any knowledge or information sufficient to form a belief as to the truth of
"24"
the allegations contained in paragraphs "1", "16", "17", "23", and of the plaintiff's
complaint.
2. Denies any knowledge or information sufficient to form a belief as to the truth of
"2"
the allegations in the form alleged contained in paragraph of the plaintiff's coinplaint, except
admits that defendant SYED MUJAHID SAYEED, M.D. was and is a physician duly licensed
to practice medicine in the State of New York.
3. Denies knowledge or information sufficient to form a belief as to the truth of
any
the allegations in the form alleged contained in paragraphs "3", "4", "5", "6", "7", "8", "11",
"12", "13", "18", "19", "20", "21", "25", "26", "27", "28", "34", "35", "36", "37", "38", and
"39"
of the plaintiff's complaint, except begs leave to refer all questions of fact to the trier of fact
and all questions of law to the Court.
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4. Denies any knowledge or information sufficient to form a belief as to the truth of
"9" "10"
the allegations in the form alleged contained in paragraphs and of the plaintiff's
complaint, except admits defendant, PRECISION SURGERY OF NEW YORK, P.C., was and is
a domestic professional corporation duly organized and existing under and by virtue of the laws
of the State of New York with an office located at 139 Plandome Road, Manhasset, New York
11030.
5. Denies each and every allegation in the form alleged contained in paragraplis "14",
"33"
"15", "22", "29", and of the plaintiff's complaint.
6. Denies any knowledge or information sufficient to form a belief as to the truth of
"32"
the allegations in the form alleged contained in paragraphs "30", "31", and of the plaintiff's
complaint, except admits that defendant SYED MUJAHID SAYEED, M.D. was and is
competent to render services in his area of specialty, and otherwise refers all questions of fact to
the trier of fact and all questions of law to the court.
ANSWERING T,HE FIRST CAUSE OF ACTION:
"40"
7. Answering paragraph of the plaintiff's complaint, the answering defendant
repeats, reiterates and realleges each and every denial heretofore made in regard to each and
"1"
every paragraph contained in the plaintiff's complaint, designated as paragraphs through
"39", inclusive, with the same force and effect as if more fully set forth at length herein.
8. Denies any knowledge or information sufficient to form a belief as to the truth of
"45"
the allegations in the form alleged contained in paragraphs "41", "42", "43", "44", and of
the plaintiff's complaint, except begs leave to refer all questions of fact to the trier of fact and all
questions of law to the Court.
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9. Denies each and every allegation contained in paragraphs "46", "47", "48", "50",
"54"
"51", "53", and of the plaintiff's complaint.
"49"
10. Denies each and every allegation in the form alleged contained in paragraphs
"52"
and of the plaintiff's complaint.
ANSWERING THE SECOND CAUSE OF ACTION:
"55"
11. Answering paragraph of the plaintiff's complaint, the answering defendant
repeats, reiterates and realleges each and every denial heretofore made in regard to each and
"1"
every paragraph contained in the plaintiff's complaint, designated as paragraphs through
"54", inclusive, with the same force and effect as if more fully set forth at length herein.
"56"
12. Denies each and every allegation in the form alleged contained in paragraphs
"57"
and of the plaintiff's complaint.
13. Denies each and every allegation contained in paragraphs "58", "59", "60", and
"61"
of the plaintiff's complaint.
AS AND FOR A FIRST DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
14. The alleged cause and/or causes of action set forth in the complaint did not accrue
within the applicable statutory period preceding the commencement of said actions, and said
actions are barred by the statute of limitations.
AS AND FOR A SECOND_DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
15. That this answering defendant reserves the right to claim the limitations of
pursuant to Article 16 of the for herein the plaintiff for non-
liability CPLR, any recovery by
economic loss.
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AS AND FOR A THIRD DEFENSE
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
16. That any injuries and resulting damages sustained by the plaintiff at the time and
place mentioned in the complaint were caused solely and wholly by reason of the carelessness,
negligence, recklessness and acts or omissions on the part of the plaintiff and were not caused or
contributed to by reason of any carelessness, negligence, recklessness or acts or omissions on the
part of this answering defendant.
AS AND FOR A FOURTH DEFENSE.
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
17. That the defendant acted in accordance with the appropriate provisions of section
2805-d of the Public Health Law and relies on the defenses set out therein.
AS AND FOR A FIFTH DEFENSE.
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
18, In the event the plaintiff recovers a verdict or judgment against this answering
defendants, such yerdict or judgment must be reduced pursuant to §4545 of the CPLR by those
amounts which have been, or will, with reasonable certainty replace or indemnify the plaintiff in
whole or in part, for any past or future claimed economic loss, from any collateral source.
AS AND FOR A SIXTH DEFENSE.
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
19. If the plaintiff is entitled to recover damages for loss of earnings or impairment of
earning ability as against this answering defendant, SYED MUJAHID SAYEED, M.D., by
reason of the matters alleged in the Complaint, liability for which is hereby denied, then pursuant
to CPLR §4546 the amount of damages recoverable against said defendant, if any, shall be
reduced the amount of federal, state and local income taxes which the plaintiff would have
by
been obligated by law to pay.
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AS AND FOR A SEVENTH DEFENSE
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
20. This answering defendant asserts the defense of set-off to reduce the plaintiff's
claims under §15-108 of the General Obligations Law,
AS AND FOR AN EIGHTH DEFENSE.
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
21, If the plaintiff was caused to sustain personal injuries and resulting damages at the
time and place set forth in the plaintiff's complaint and in the manner alleged therein through any
carelessness, recklessness, acts, omissions, negligence and/or breaches of duty and/or warranty
and/or contract other than of the plaintiff, then said injuries and damages arose out of the several
and joint carelessness, recklessness, acts, omissions, negligence and breaches of duty and/or
obligation and/or statute, and/or warranty, and/or contract in fact or implied in law, upon the part
of non-parties subject to in-personam jurisdiction, and if this pleading defendant is found
negligent as to the plaintiff for the injuries and damages set forth in the plaintiff's complaint,
then and in that event, the relative responsibilities of said pleading defendant must be
apportioned by the percentage of liab.ility of said non-parties subject to in-personam jurisdiction.
WHEREFORE, the defendant, SYED MUJAHID SAYEED, M.D., demands judgment
plaintiff(s)'
dismissing the complaiñt with the costs and disbursements of this action.
Dated: Roslyn, New York
September 28, 2018
Yours, etc.,
LAW OFFICES OF
BENVENUTO & SLATTERY
Attorneys for Defendant
SYED MUJAHID SAYEED, M.D.
1800 Northern Boulevard
Roslyn, New York 11576
(516) 775-2236
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TO: CAITLIN ROBIN & ASSOCIATES, PLLC
Attorneys for Plaintiff
30 Broad Street, Suite 702
New York, New York 10004
(646) 524-6026
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------------------------- x
DINO BONAVITA,
DEMAND FOR
Plaintiff, AUTHORIZATIONS
-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
C O U N S E L O R S:
PLEASE TAKE NOTICE that, within twenty (20) days from the date hereof, you are
required to serve the undersigned with duly executed authorizations, which include the address of
the party to whom the authorizations apply, permitting the LAW OFFICES OF BENVENUTO &
SLATTERY, or their authorized representatives, to obtain copies of the records of:
1. all collateral sources;
2, employment records;
3. pharmacy records;
4. physical therapy records;
5. all prior and subsequent treating physicians and facilities;
6. Internal Revenue Service Form 4506, 1099's, W-2's for the past 5 years with two
forms of identification;
7. Medicare;
8. Medicaid;
9, Workers Compensation;
10. all health care insurers;
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11. all primary care physicians;
12. North Shore University Hospital;
..
13. Northwell Health;
14. Burt Greenberg, M.D.; -
15. Nick Roselli Occupational Therapy;
16. Zwanger-Pesiri Radiology.
PLEASE TAKE FURTHER NOTICE that, with respect to all authorizations for
medical/ hospitd/healthcare records, the authorizations must comply with Federal HIPAA
regulations.
Dated: Roslyn, New York
September 28, 2018
Yours, etc.,
LAW OFFICES OF
BENVENUTO & SLATTERY
Attorneys for Defendant
SYED MUJAHID SAYEED, M.D.
1800 Northern Boulevard
Roslyn, New York 11576
(516) 775-2236
TO: CAITLIN ROBIN & ASSOCIATES, PLLC
Attorneys for Plaintiff
30 Broad Street, Suite 702
New York, New York 10004
(646) 524-6026
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
x
DINO BONAVITA,
Plaintiff, DEMAND FOR TRIAL
AUTHORIZATIONS
-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
C O U N S E L O R S:
PLEASE TAKE NOTICE that, the below named attorneys demand that the plaintiff
furnish the below named defendant(s) with the following, at the time the Note of Issue is filed:
HIPAA COMPLIANT AUTHORIZATIONS FOR ALL PROVIDERS IDENTIFIED
DURING DISCOVERY ENABLING THE DEFENDANTS TO SERVE SUBPOENAS FOR
THE TRIAL OF THIS MATTER.
Said authorizations are to contain full and proper names and addresses, together with any
necessary identifying information, such as Social Security Number, and are to be HIPAA
compliant to obtain the requisite records, films and billing records.
PLEASE TAKE FURTHER NOTICE that, failure to comply with the above demand
will be the basis of a motion seeking appropriate relief, including, but not limited to dismissal of
the complaint.
Dated: Roslyn, New York
September 28, 2018
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Yours, etc.,
LAW OFFICES OF
BENVENUTO & SLATTERY
Attorneys for Defendant
SYED MUJAHID SAYEED, M.D.
1800 Northern Boulevard
Roslyn, New York 11576
(516) 775-2236
TO: CAITLIN ROBIN & ASSOCIATES, PLLC
Attorneys for Plaintiff
30 Broad Street, Suite 702
New York, New York 10004
(646) 524-6026
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----- ------x
DINO BONAVITA,
DEMAND FOR A 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
C O U N S E L O R S:
PLEASE TAKE NOTICE that, pursuant to Rule 3042(a) of the Civil Practice Law and
Rules, you are hereby required to serve upon the undersigned attorneys for the defendant, SYED
MUJAHID SAYEED, M.D., within thirty (30) days after the service of a copy of this demand, a
verified bill of particulars setting forth in detail the following:
1. The dates and times of the day of the alleged negligent acts and/or omissions which
will be alleged against the defendant herein.
2. The location of the alleged negligent acts and/or omissions charged against the
defendant herein.
3. A statement of each and every act of negligence, commission or omission which
you will claim as the basis of the alleged malpractice of the defendant herein.
4. State the names of each and every person who performed such acts or failed to act;
if the names are not known, describe the physical appearance with sufficient clarity for ready
identification and state the occupation of each such person.
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5. State whether or not any claim is made as to improper or defective equipment and
if so identify the equipment and state the defective conditions.
6. Give a statement of the accepted medical practices, customs and medical standards
which it is claimed were violated/departed from by the answering defendant.
7. If it is claimed that the defendant ignored signs, symptoms, made an erroneous
diagnosis, afforded improper treatment, administered improper and/or contraindicated drugs in an
incorrect dosage, failed to take or administer tests or improperly took and administered tests, state:
(a) the complaints, signs, symptoms that the defendant ignored;
(b) in what respect the diagnosis was erroneous and incorrect, what the claimed
correct diagnosis is, the point in time that the plaintiff claims the defendant
should have made the correct diagnosis;
(c) the improper treatment that was afforded and in what manner the said
treatment was improperly performed;
(d) the name of each and every contraindicated drug;
(e) the name of each proper drug allegedly administered incorrectly;
(f) the name of each and every test the defendant failed to take or naminister;
and,
(g) the name of each and every test the defendant improperly took or
administered and the manner in which each said test was improperly taken
or administered.
8. If it is claimed that the defendant improperly performed a physical examination or
performed a contraindicated procedure and/or unñëcessary procedure, state:
(a) in what manner the physical examination was improperly performed;
(b) the name of the surgical procedure and the date performed; and,
(c) in what
Preview
FILED: NASSAU COUNTY CLERK 09/28/2018 08:52 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/28/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU . ....- --x DINO BONAVITA, Plaintiff, VERIFIED ANSWER -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 The defendant, SYED MUJAHID SAYEED, M.D., by his attorneys, LAW OFFICES OF BENVENUTO & SLATTERY, answering the complaint of the plaintiff, upon information and belief, respectfully shows to this Court and alleges: 1, Denies any knowledge or information sufficient to form a belief as to the truth of "24" the allegations contained in paragraphs "1", "16", "17", "23", and of the plaintiff's complaint. 2. Denies any knowledge or information sufficient to form a belief as to the truth of "2" the allegations in the form alleged contained in paragraph of the plaintiff's coinplaint, except admits that defendant SYED MUJAHID SAYEED, M.D. was and is a physician duly licensed to practice medicine in the State of New York. 3. Denies knowledge or information sufficient to form a belief as to the truth of any the allegations in the form alleged contained in paragraphs "3", "4", "5", "6", "7", "8", "11", "12", "13", "18", "19", "20", "21", "25", "26", "27", "28", "34", "35", "36", "37", "38", and "39" of the plaintiff's complaint, except begs leave to refer all questions of fact to the trier of fact and all questions of law to the Court. 1 of 36 FILED: NASSAU COUNTY CLERK 09/28/2018 08:52 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/28/2018 4. Denies any knowledge or information sufficient to form a belief as to the truth of "9" "10" the allegations in the form alleged contained in paragraphs and of the plaintiff's complaint, except admits defendant, PRECISION SURGERY OF NEW YORK, P.C., was and is a domestic professional corporation duly organized and existing under and by virtue of the laws of the State of New York with an office located at 139 Plandome Road, Manhasset, New York 11030. 5. Denies each and every allegation in the form alleged contained in paragraplis "14", "33" "15", "22", "29", and of the plaintiff's complaint. 6. Denies any knowledge or information sufficient to form a belief as to the truth of "32" the allegations in the form alleged contained in paragraphs "30", "31", and of the plaintiff's complaint, except admits that defendant SYED MUJAHID SAYEED, M.D. was and is competent to render services in his area of specialty, and otherwise refers all questions of fact to the trier of fact and all questions of law to the court. ANSWERING T,HE FIRST CAUSE OF ACTION: "40" 7. Answering paragraph of the plaintiff's complaint, the answering defendant repeats, reiterates and realleges each and every denial heretofore made in regard to each and "1" every paragraph contained in the plaintiff's complaint, designated as paragraphs through "39", inclusive, with the same force and effect as if more fully set forth at length herein. 8. Denies any knowledge or information sufficient to form a belief as to the truth of "45" the allegations in the form alleged contained in paragraphs "41", "42", "43", "44", and of the plaintiff's complaint, except begs leave to refer all questions of fact to the trier of fact and all questions of law to the Court. 2 of 36 FILED: NASSAU COUNTY CLERK 09/28/2018 08:52 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/28/2018 9. Denies each and every allegation contained in paragraphs "46", "47", "48", "50", "54" "51", "53", and of the plaintiff's complaint. "49" 10. Denies each and every allegation in the form alleged contained in paragraphs "52" and of the plaintiff's complaint. ANSWERING THE SECOND CAUSE OF ACTION: "55" 11. Answering paragraph of the plaintiff's complaint, the answering defendant repeats, reiterates and realleges each and every denial heretofore made in regard to each and "1" every paragraph contained in the plaintiff's complaint, designated as paragraphs through "54", inclusive, with the same force and effect as if more fully set forth at length herein. "56" 12. Denies each and every allegation in the form alleged contained in paragraphs "57" and of the plaintiff's complaint. 13. Denies each and every allegation contained in paragraphs "58", "59", "60", and "61" of the plaintiff's complaint. AS AND FOR A FIRST DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 14. The alleged cause and/or causes of action set forth in the complaint did not accrue within the applicable statutory period preceding the commencement of said actions, and said actions are barred by the statute of limitations. AS AND FOR A SECOND_DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 15. That this answering defendant reserves the right to claim the limitations of pursuant to Article 16 of the for herein the plaintiff for non- liability CPLR, any recovery by economic loss. 3 of 36 FILED: NASSAU COUNTY CLERK 09/28/2018 08:52 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/28/2018 AS AND FOR A THIRD DEFENSE THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 16. That any injuries and resulting damages sustained by the plaintiff at the time and place mentioned in the complaint were caused solely and wholly by reason of the carelessness, negligence, recklessness and acts or omissions on the part of the plaintiff and were not caused or contributed to by reason of any carelessness, negligence, recklessness or acts or omissions on the part of this answering defendant. AS AND FOR A FOURTH DEFENSE. THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 17. That the defendant acted in accordance with the appropriate provisions of section 2805-d of the Public Health Law and relies on the defenses set out therein. AS AND FOR A FIFTH DEFENSE. THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 18, In the event the plaintiff recovers a verdict or judgment against this answering defendants, such yerdict or judgment must be reduced pursuant to §4545 of the CPLR by those amounts which have been, or will, with reasonable certainty replace or indemnify the plaintiff in whole or in part, for any past or future claimed economic loss, from any collateral source. AS AND FOR A SIXTH DEFENSE. THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 19. If the plaintiff is entitled to recover damages for loss of earnings or impairment of earning ability as against this answering defendant, SYED MUJAHID SAYEED, M.D., by reason of the matters alleged in the Complaint, liability for which is hereby denied, then pursuant to CPLR §4546 the amount of damages recoverable against said defendant, if any, shall be reduced the amount of federal, state and local income taxes which the plaintiff would have by been obligated by law to pay. 4 of 36 FILED: NASSAU COUNTY CLERK 09/28/2018 08:52 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/28/2018 AS AND FOR A SEVENTH DEFENSE THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 20. This answering defendant asserts the defense of set-off to reduce the plaintiff's claims under §15-108 of the General Obligations Law, AS AND FOR AN EIGHTH DEFENSE. THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 21, If the plaintiff was caused to sustain personal injuries and resulting damages at the time and place set forth in the plaintiff's complaint and in the manner alleged therein through any carelessness, recklessness, acts, omissions, negligence and/or breaches of duty and/or warranty and/or contract other than of the plaintiff, then said injuries and damages arose out of the several and joint carelessness, recklessness, acts, omissions, negligence and breaches of duty and/or obligation and/or statute, and/or warranty, and/or contract in fact or implied in law, upon the part of non-parties subject to in-personam jurisdiction, and if this pleading defendant is found negligent as to the plaintiff for the injuries and damages set forth in the plaintiff's complaint, then and in that event, the relative responsibilities of said pleading defendant must be apportioned by the percentage of liab.ility of said non-parties subject to in-personam jurisdiction. WHEREFORE, the defendant, SYED MUJAHID SAYEED, M.D., demands judgment plaintiff(s)' dismissing the complaiñt with the costs and disbursements of this action. Dated: Roslyn, New York September 28, 2018 Yours, etc., LAW OFFICES OF BENVENUTO & SLATTERY Attorneys for Defendant SYED MUJAHID SAYEED, M.D. 1800 Northern Boulevard Roslyn, New York 11576 (516) 775-2236 5 of 36 FILED: NASSAU COUNTY CLERK 09/28/2018 08:52 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/28/2018 TO: CAITLIN ROBIN & ASSOCIATES, PLLC Attorneys for Plaintiff 30 Broad Street, Suite 702 New York, New York 10004 (646) 524-6026 6 of 36 FILED: NASSAU COUNTY CLERK 09/28/2018 08:52 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/28/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------------- x DINO BONAVITA, DEMAND FOR Plaintiff, AUTHORIZATIONS -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 C O U N S E L O R S: PLEASE TAKE NOTICE that, within twenty (20) days from the date hereof, you are required to serve the undersigned with duly executed authorizations, which include the address of the party to whom the authorizations apply, permitting the LAW OFFICES OF BENVENUTO & SLATTERY, or their authorized representatives, to obtain copies of the records of: 1. all collateral sources; 2, employment records; 3. pharmacy records; 4. physical therapy records; 5. all prior and subsequent treating physicians and facilities; 6. Internal Revenue Service Form 4506, 1099's, W-2's for the past 5 years with two forms of identification; 7. Medicare; 8. Medicaid; 9, Workers Compensation; 10. all health care insurers; 7 of 36 FILED: NASSAU COUNTY CLERK 09/28/2018 08:52 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/28/2018 11. all primary care physicians; 12. North Shore University Hospital; .. 13. Northwell Health; 14. Burt Greenberg, M.D.; - 15. Nick Roselli Occupational Therapy; 16. Zwanger-Pesiri Radiology. PLEASE TAKE FURTHER NOTICE that, with respect to all authorizations for medical/ hospitd/healthcare records, the authorizations must comply with Federal HIPAA regulations. Dated: Roslyn, New York September 28, 2018 Yours, etc., LAW OFFICES OF BENVENUTO & SLATTERY Attorneys for Defendant SYED MUJAHID SAYEED, M.D. 1800 Northern Boulevard Roslyn, New York 11576 (516) 775-2236 TO: CAITLIN ROBIN & ASSOCIATES, PLLC Attorneys for Plaintiff 30 Broad Street, Suite 702 New York, New York 10004 (646) 524-6026 8 of 36 FILED: NASSAU COUNTY CLERK 09/28/2018 08:52 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/28/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU x DINO BONAVITA, Plaintiff, DEMAND FOR TRIAL AUTHORIZATIONS -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 C O U N S E L O R S: PLEASE TAKE NOTICE that, the below named attorneys demand that the plaintiff furnish the below named defendant(s) with the following, at the time the Note of Issue is filed: HIPAA COMPLIANT AUTHORIZATIONS FOR ALL PROVIDERS IDENTIFIED DURING DISCOVERY ENABLING THE DEFENDANTS TO SERVE SUBPOENAS FOR THE TRIAL OF THIS MATTER. Said authorizations are to contain full and proper names and addresses, together with any necessary identifying information, such as Social Security Number, and are to be HIPAA compliant to obtain the requisite records, films and billing records. PLEASE TAKE FURTHER NOTICE that, failure to comply with the above demand will be the basis of a motion seeking appropriate relief, including, but not limited to dismissal of the complaint. Dated: Roslyn, New York September 28, 2018 9 of 36 FILED: NASSAU COUNTY CLERK 09/28/2018 08:52 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/28/2018 Yours, etc., LAW OFFICES OF BENVENUTO & SLATTERY Attorneys for Defendant SYED MUJAHID SAYEED, M.D. 1800 Northern Boulevard Roslyn, New York 11576 (516) 775-2236 TO: CAITLIN ROBIN & ASSOCIATES, PLLC Attorneys for Plaintiff 30 Broad Street, Suite 702 New York, New York 10004 (646) 524-6026 10 of 36 FILED: NASSAU COUNTY CLERK 09/28/2018 08:52 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/28/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----- ------x DINO BONAVITA, DEMAND FOR A 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 C O U N S E L O R S: PLEASE TAKE NOTICE that, pursuant to Rule 3042(a) of the Civil Practice Law and Rules, you are hereby required to serve upon the undersigned attorneys for the defendant, SYED MUJAHID SAYEED, M.D., within thirty (30) days after the service of a copy of this demand, a verified bill of particulars setting forth in detail the following: 1. The dates and times of the day of the alleged negligent acts and/or omissions which will be alleged against the defendant herein. 2. The location of the alleged negligent acts and/or omissions charged against the defendant herein. 3. A statement of each and every act of negligence, commission or omission which you will claim as the basis of the alleged malpractice of the defendant herein. 4. State the names of each and every person who performed such acts or failed to act; if the names are not known, describe the physical appearance with sufficient clarity for ready identification and state the occupation of each such person. 11 of 36 FILED: NASSAU COUNTY CLERK 09/28/2018 08:52 AM INDEX NO. 611506/2018 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/28/2018 5. State whether or not any claim is made as to improper or defective equipment and if so identify the equipment and state the defective conditions. 6. Give a statement of the accepted medical practices, customs and medical standards which it is claimed were violated/departed from by the answering defendant. 7. If it is claimed that the defendant ignored signs, symptoms, made an erroneous diagnosis, afforded improper treatment, administered improper and/or contraindicated drugs in an incorrect dosage, failed to take or administer tests or improperly took and administered tests, state: (a) the complaints, signs, symptoms that the defendant ignored; (b) in what respect the diagnosis was erroneous and incorrect, what the claimed correct diagnosis is, the point in time that the plaintiff claims the defendant should have made the correct diagnosis; (c) the improper treatment that was afforded and in what manner the said treatment was improperly performed; (d) the name of each and every contraindicated drug; (e) the name of each proper drug allegedly administered incorrectly; (f) the name of each and every test the defendant failed to take or naminister; and, (g) the name of each and every test the defendant improperly took or administered and the manner in which each said test was improperly taken or administered. 8. If it is claimed that the defendant improperly performed a physical examination or performed a contraindicated procedure and/or unñëcessary procedure, state: (a) in what manner the physical examination was improperly performed; (b) the name of the surgical procedure and the date performed; and, (c) in what