On May 30, 2018 a
Answer
was filed
involving a dispute between
Karina Landestoy As Parent And Natural Guardian Of A.L. An Infant,
Karina Landestoy Individually,
and
Mount Sinai West,
for Torts - Medical, Dental, or Podiatrist Malpractice
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 06/25/2018 04:36 PM INDEX NO. 805174/2018
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/25/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
KARINA LANDESTOY as Parent and Natural
Guardian of A.L. an Infant and KARINA Index No. 805174/2018
LANDESTOY Individually,
Plaintiff, VERIFIED ANSWER TO
VERIFIED COMPLAINT
-against-
MOUNT SINAI WEST,
Defendants.
LUKE'
Defendant, ST. LUKE'S-ROOSEVELT HOSPITAL CENTER s/h/a MOUNT SINAI
WEST, by and through itsattorneys, WILSON, ELSER, MOSKOWITZ, EDELMAN &
DICKER LLP, as and for its Verified Answer to the Verified Complaint of plaintiff, KARINA
LANDESTOY as Parent and Natural Guardian of A.L. an Infant and KARINA LANDESTOY
Individually, states upon information and belief:
THE PARTIES
FIRST. Denies knowledge or information sufficient to form a belief as to the truth
"1" "2"
of the allegations contained in paragraphs and of plaintiff's Verified Complaint.
SECOND. Denies knowledge or information sufficient to form a belief as to the truth
"3" "4"
of the allegations contained in paragraphs and of plaintiff's Verified Complaint.
AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION
THIRD. Denies knowledge or information sufficient to forma belief as to the truth
"5"
of the allegations contained in paragraph of plaintiff's Verified Complaint.
"6"
FOURTH. Denies each and every allegation contained within paragraph of
plaintiff's Verified Complaint.
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FILED: NEW YORK COUNTY CLERK 06/25/2018 04:36 PM INDEX NO. 805174/2018
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FIFTH. Denies knowledge or information sufficient to form a belief as to the truth
"7"
of the allegations contained in paragraph of plaintiff's Verified Complaint.
"8," "9,"
SIXTH. Denies each and every allegation contained within paragraph and
"10"
of plaintiff's Verified Complaint.
AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION
"11," "12,"
SEVENTH. Denies each and every allegation contained within paragraphs
"13," "14," "15," "16," "17," "18"
and of plaintiff's Verified Complaint.
AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION
"19," "20,"
EIGHTH. Denies each and every allegation contained within paragraphs
"21," "22"
and of plaintiff's Verified Complaint.
STATEMENT REGARDING EXCEPTIONS IN CPLR ARTICLE 1602
"23"
NINTH. Denies each and every allegation contained within paragraph of
plaintiff's Verified Complaint.
AS AND FOR A FIRST SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE
TENTH. Defendant, ST. LUKE'S ROOSEVELT HOSPITAL CENTER s/h/a
MOUNT SINAI WEST, invokes the protection of Public Health Law § 2805(d)(4) with respect
to the alleged cause of action for informed consent, and reserve all rights pursuant thereto.
AS AND FOR A SECOND SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE
ELEVENTH. Defendant, ST. LUKE'S ROOSEVELT HOSPITAL CENTER s/h/a
MOUNT SINAI WEST, reserves the right to claim the protections, benefits and limitations on
liability set forth under Article 16 of the Civil Practice Law and Rules.
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FILED: NEW YORK COUNTY CLERK 06/25/2018 04:36 PM INDEX NO. 805174/2018
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/25/2018
WHEREFORE Defendant, ST. LUKE'S ROOSEVELT HOSPITAL CENTER s/h/a
MOUNT SINAI WEST, demands judgment dismissing the complaint herein, together with the
costs and disbursements of this action, and for such other and further relief as to the Court may
seem just and proper.
Dated: New York, New York
June 25, 2018
WILSON ELSER MOSKOWITZ EDELMAN
& DICKER LLP
fz<,ji'
ji', /
By: V
Irving B. Hirsch
Attorneys for Defendant
ST. LUKE'S ROOSEVELT HOSPITAL
CENTER s/h/a MOUNT SINAI WEST
150 East 42 Street
New York, New York 10017
Ph: (212) 490-3000
File No. 16860.00037
TO: VIA NYSECF
James P. Fitzgerald, Esq.
The Fitzgerald Law Firm, P.C.
Attorneys for Plaintiff
538 Riverdale Avenue
Yonkers, New York 10705
Ph: (914) 378-1010
Fax: (914) 378-1092
File No. F17110
9110890v.1
3 of 3
Document Filed Date
June 25, 2018
Case Filing Date
May 30, 2018
Category
Torts - Medical, Dental, or Podiatrist Malpractice
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FILED: NEW YORK COUNTY CLERK 06/25/2018 04:36 PM INDEX NO. 805174/2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/25/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK KARINA LANDESTOY as Parent and Natural Guardian of A.L. an Infant and KARINA Index No. 805174/2018 LANDESTOY Individually, Plaintiff, VERIFIED ANSWER TO VERIFIED COMPLAINT -against- MOUNT SINAI WEST, Defendants. LUKE' Defendant, ST. LUKE'S-ROOSEVELT HOSPITAL CENTER s/h/a MOUNT SINAI WEST, by and through itsattorneys, WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP, as and for its Verified Answer to the Verified Complaint of plaintiff, KARINA LANDESTOY as Parent and Natural Guardian of A.L. an Infant and KARINA LANDESTOY Individually, states upon information and belief: THE PARTIES FIRST. Denies knowledge or information sufficient to form a belief as to the truth "1" "2" of the allegations contained in paragraphs and of plaintiff's Verified Complaint. SECOND. Denies knowledge or information sufficient to form a belief as to the truth "3" "4" of the allegations contained in paragraphs and of plaintiff's Verified Complaint. AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION THIRD. Denies knowledge or information sufficient to forma belief as to the truth "5" of the allegations contained in paragraph of plaintiff's Verified Complaint. "6" FOURTH. Denies each and every allegation contained within paragraph of plaintiff's Verified Complaint. 9110890v.1 1 of 3 FILED: NEW YORK COUNTY CLERK 06/25/2018 04:36 PM INDEX NO. 805174/2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/25/2018 FIFTH. Denies knowledge or information sufficient to form a belief as to the truth "7" of the allegations contained in paragraph of plaintiff's Verified Complaint. "8," "9," SIXTH. Denies each and every allegation contained within paragraph and "10" of plaintiff's Verified Complaint. AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION "11," "12," SEVENTH. Denies each and every allegation contained within paragraphs "13," "14," "15," "16," "17," "18" and of plaintiff's Verified Complaint. AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION "19," "20," EIGHTH. Denies each and every allegation contained within paragraphs "21," "22" and of plaintiff's Verified Complaint. STATEMENT REGARDING EXCEPTIONS IN CPLR ARTICLE 1602 "23" NINTH. Denies each and every allegation contained within paragraph of plaintiff's Verified Complaint. AS AND FOR A FIRST SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE TENTH. Defendant, ST. LUKE'S ROOSEVELT HOSPITAL CENTER s/h/a MOUNT SINAI WEST, invokes the protection of Public Health Law § 2805(d)(4) with respect to the alleged cause of action for informed consent, and reserve all rights pursuant thereto. AS AND FOR A SECOND SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE ELEVENTH. Defendant, ST. LUKE'S ROOSEVELT HOSPITAL CENTER s/h/a MOUNT SINAI WEST, reserves the right to claim the protections, benefits and limitations on liability set forth under Article 16 of the Civil Practice Law and Rules. 9110890v.1 2 of 3 FILED: NEW YORK COUNTY CLERK 06/25/2018 04:36 PM INDEX NO. 805174/2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/25/2018 WHEREFORE Defendant, ST. LUKE'S ROOSEVELT HOSPITAL CENTER s/h/a MOUNT SINAI WEST, demands judgment dismissing the complaint herein, together with the costs and disbursements of this action, and for such other and further relief as to the Court may seem just and proper. Dated: New York, New York June 25, 2018 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP fz<,ji' ji', / By: V Irving B. Hirsch Attorneys for Defendant ST. LUKE'S ROOSEVELT HOSPITAL CENTER s/h/a MOUNT SINAI WEST 150 East 42 Street New York, New York 10017 Ph: (212) 490-3000 File No. 16860.00037 TO: VIA NYSECF James P. Fitzgerald, Esq. The Fitzgerald Law Firm, P.C. Attorneys for Plaintiff 538 Riverdale Avenue Yonkers, New York 10705 Ph: (914) 378-1010 Fax: (914) 378-1092 File No. F17110 9110890v.1 3 of 3