FILED: SUFFOLK COUNTY CLERK 10/13/ :12 PM INDEX NO /2017 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/13/2017

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK x MONSOUR MARDJANI, as Administrator of the Estate of WILMA MARDJANI and MONSOUR MARDJANI, Individually, Plaintiff, Index No.: /2017 VERIFIED ANSWER -against- SARETH PINNAMANENI, ALL ISLAND MEDICAL ASSOCIATES, ADAM WILNER and MEDICAL ARTS RADIOLOGY, Defendants x Defendant, SARETH PINNAMANENI, M.D. s/h/a SARETH PINNAMANENI, by his attorneys, GABRIELE & MARANO, LLP, answers the plaintiff s Complaint, upon information and belief as follows: 1. Denies any knowledge or information thereof sufficient to form a belief as to the allegations set forth in paragraphs designated FIRST, SECOND, NINTH, TENTH, ELEVENTH, TWELFTH, THIRTEENTH, FIFTEENTH, and NINETEENTH of the Complaint. 2. Denies each and every allegation set forth in paragraphs designated THIRD and FOURTH of the Complaint, and begs leave to refer all issues of law to this Honorable Court and all questions of fact to a trial therein, except admits that defendant, SARETH PINNAMANENI, M.D. s/h/a SARETH PINNAMANENI, was and remains a physician duly licensed to practice medicine 1 of 8

2 in the State of New York and maintains an office at 1500C Ocean Avenue, Bohemia, New York Denies each and every allegation set forth in paragraphs designated FIFTH, SIXTH, SEVENTH, EIGHTH, FOURTEENTH, SIXTEENTH, SEVENTEENTH, EIGHTEENTH, TWENTIETH, TWENTY- FIRST, TWENTY-SECOND, TWENTY-THIRD, TWENTY-FOURTH, TWENTY- FIFTH, TWENTY-SIXTH, TWENTY-SEVENTH, TWENTY-EIGHTH, TWENTY-NINTH and THIRTIETH of the Complaint. AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION 4. Repeats and reiterates each and every admission and denial to the allegations set forth in paragraphs FIRST through THIRTIETH of the Complaint with the same force and effect as if herein set forth at length in answer to the allegations set forth in paragraph designated THIRTY-FIRST of the Complaint. 5. Denies each and every allegation set forth in paragraphs designated THIRTY-SECOND, THIRTY-THIRD, THIRTY-FOURTH, THIRTY-FIFTH and THIRTY-SIXTH of the Complaint. AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION ON BEHALF OF PLAINTIFF, MONSOUR MARDJANI 6. Repeats and reiterates each and every admission and denial to the allegations set forth in paragraphs FIRST through THIRTY-SIXTH of the Complaint with the same force and effect as 2 2 of 8

3 if herein set forth at length in answer to the allegations set forth in paragraph designated THIRTY-SEVENTH of the Complaint. 7. Denies any knowledge or information thereof sufficient to form a belief as to the allegations set forth in paragraph designated THIRTY-EIGHTH of the Complaint. 8. Denies each and every allegation set forth in paragraphs designated THIRTY-NINTH, FOURTIETH, FORTY-FIRST and FORTY- SECOND of the Complaint. AS AND FOR A FIRST, SEPARATE AND 9. That the plaintiff lacks the legal capacity to commence this lawsuit. AS AND FOR A SECOND, SEPARATE AND 10. That the plaintiff has failed to state a cause of action upon which relief can be granted. AS AND FOR A THIRD, SEPARATE AND 11. That any injuries sustained or suffered by the plaintiff, as stated in the Complaint herein, were caused in whole or in part by the comparative negligence, fault and/or want of care of the plaintiff and the amount of damages awarded 3 3 of 8

4 herein, if any, should be denied or diminished in proportion to the amount of said culpable conduct and negligence of plaintiff. AS AND FOR A FOURTH, SEPARATE AND 12. That the alleged causes of action of the plaintiff, as stated in the Complaint, are time-barred in that this action was not commenced within the period of the applicable Statute of Limitations. AS AND FOR A FIFTH, SEPARATE AND 13. The answering defendant reserves the right to claim the limitations of liability pursuant to Article 16 of the CPLR, for any recovery herein by the plaintiff for non-economic loss. AS AND FOR A SIXTH, SEPARATE AND 14. That in the event of any award made to the plaintiff, the defendant is entitled to a Set-Off with respect to the amounts of any and all payments made to the plaintiff in settlement of any claims arising out of the claims of damages or injuries alleged in this action pursuant to N.Y. General Obligations Law of 8

5 AS AND FOR A SEVENTH, SEPARATE AND 15. That the answering defendant claims the benefit of each and every provision of CPLR 4545(a), including but not limited to any credit or offset by reason of any replacement or indemnification of costs or expenses from any collateral source. AS AND FOR AN EIGHTH, SEPARATE AND 16. That this Court lacks jurisdiction over the person of the defendant. WHEREFORE, the defendant demands judgment dismissing the Complaint of the plaintiff herein, together with the costs and disbursements of this action. Dated: Garden City, New York October 12, 2017 Yours, etc. GABRIELE & MARANO, LLP By: Jennifer Larkin-Higgins Attorneys for Defendant SARETH PINNAMANENI, M.D. s/h/a SARETH PINNAMANENI Office and P.O. Address 100 Quentin Roosevelt Blvd. P.O. Box 8022 Garden City, New York (516) of 8

6 TO: LAW OFFICE OF JEFFREY GUTTENTAG, P.C. Attorneys for Plaintiff 403 Deer Park Avenue Babylon, New York (631) KOSTER, BRADY & NAGLER, LLP Attorneys for Defendants ADAM WILNER, M.D. and MEDICAL ARTS RADIOLOGICAL GROUP, P.C. s/h/a MEDICAL ARTS RADIOLOGY One Whitehall Street, 10 th Floor New York, New York (212) of 8

7 ATTORNEY S VERIFICATION Jennifer Larkin-Higgins, an attorney duly admitted to practice in the State of New York, states the following under the penalties of perjury: That she is a partner of the law firm of GABRIELE & MARANO, LLP, attorneys for the defendant, SARETH PINNAMANENI, M.D. s/h/a SARETH PINNAMANENI, in this action, that she has read the foregoing Answer and knows the contents thereof, that the same is true to her knowledge except as to the matters therein stated to be alleged upon information and belief, and as to these matters she believes them to be true. Affirmant further states that the reason this verification is made by her, and not by the defendant is that the defendant, SARETH PINNAMANENI, M.D. s/h/a SARETH PINNAMANENI, is not located and/or does not reside within the County of Nassau where GABRIELE & MARANO, LLP have their office. All matters herein stated upon information and belief are based upon affirmant s file, correspondence and conversation with the defendant. Dated: Garden City, New York October 12, 2017 Jennifer Larkin-Higgins 7 7 of 8

8 Index No.: Year: 2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Estate of WILMA MARDJANI and MONSOUR MARDJANI, Individually, -against- Plaintiff, SARETH PINNAMANENI, ALL ISLAND MEDICAL ASSOCIATES, ADAM WILNER and MEDICAL ARTS RADIOLOGY, Defendants. VERIFIED ANSWER LAW OFFICES OF GABRIELE & MARANO, LLP Attorneys for Defendant SARETH PINNAMANENI, M.D. Office and Post Office Address, Telephone 100 QUENTIN ROOSEVELT BLVD. P.O. BOX 8022 GARDEN CITY, NEW YORK (516) To Attorneys for Service of a copy of the within is hereby admitted Dated, Attorney(s) for Sir: - Please take notice [ ] NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on 20 [ ] NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named court, at on 20 at M. Dated, To Attorney(s) for Yours, etc. LAW OFFICES OF GABRIELE & MARANO, LLP Attorneys for Office and Post Office Address, Telephone 100 QUENTIN ROOSEVELT BLVD. P.O. BOX 8022 GARDEN CITY, NEW YORK (516) of 8