FILED: KINGS COUNTY CLERK 08/03/ :55 PM INDEX NO /2016

Transcription

1 FILED: KINGS COUNTY CLERK 08/03/ :55 PM INDEX NO /2016 '''''''''''''''''''''`.; NYSCEF DOC. NO *-fittiv.1417;;ctoMifff RECEIVED NYSCEF: 08/03/2016 (FILED : KINGS COUNTY Cl-/02/ : NYSCEF DOC. NO. 1 INDEX NO /2016 RECEIVED NYSCEF: 06/02/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No. MILUTIN JAKSIC, - aggnst Plaintiff; SUMMONS Plaintiff designates Kings County as the Place of trial JILL K. JACKSON, M.D., ABRAHAM BERGER, MD., SHEFALI KOTHARY, M.D., OL_DAN, JOSEPH NASH, RPA-C, IRA DRESC ISRAEL MEDICAL CENTER. Defendants. TO the above named Defendants:' The basis of the venue is Plaintiff's Home Address th Avenue Brooklyn, New York YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 3.0 days after the service is complete if this summons is not personally delivered to you within the State of New York); and the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated, New York, New York GORDON LAW FIRM OF NEW YORK, LLP May M.441WY(ti)=f ur.tlitna. Defendants' addresses Jill K. Jackson, M.D. St. Luke's Cornwall Hospital 70.Dubois Street Newburgh, NY Abraham Berger, M.D. Beth. Israel Medical Center 1.0 Nathan D. Perlman. Place New York, NY Alvin C. Gordon Post Office Address 45 Broadway, 12th Floor New Yorkt NY Shefali Kothary, M.D Marcus Avenue, Suite 202 Lake. ow New York Sol Dan, IVLD Kings Highway Brooklyn, NY 11234

2 I?4,4. 1;: Joseph Nash, RPA-C MOAto;:therii Care 919'9;:!1%.04:4P.: New York, NY Ira Drescher, M,D, Beth Israel Medical Center 10 Nathan D. Perlman Place New York, NY Beth Israel Medical Center 10 Nathan D. Perlman Place New York, NY of 18

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS MILUTIN JAKSIC, Plaintiff, Index No. / agaihst - VERIFIED...COMPLAINT JILL K. ACKSON,,M.D., ABRAHAM I3ERGER M..D. SHEFAI.I KOTHARY, M.D., SOL DAN, M.D., JOSEPH NASH. RPA-C, IRA DRESCHER; M.D., and BETH ISRAEL MEDICAL CENTER, Defendants. X Plaintiff, by his attorneys GORDON LAW FIRM OF NEW YORK LLP, respectfully alleges; upon information and belief, at all times hereinafter mentioned, as Ibllows:.THy., PARTIES 1. Plaintiff, MILUTIN JAKSIC, resides at 75245th Avenue, County of Kings, State of New York, 2. Defendant JILL K. JACKSON;,M.D.(hereinafter referred to as "JACKSON") is a physician duly licensed to practice medicine and surgery in the State of New York, 3. Defendant JACKSON held herself out as a physician duly licensed to practice Medicine and surgery in the State of New York. 4. Defendant JACKSON held herself out as resident physician specializing in the field of emergency room medicine. 5. At all relevant times herein defendant JACKSON maintained an office for her practice at defendant BETH ISRAEL MEDICAL CENTER, 10 Nathan D. Perlman Place, New York, NY Defendant JACKSON held herself out to the public at large and more particularly tó the plaintiff herein,,milutin JAKSIC, as a licensed physician duly qualified and competent to render requisite medical and

4 surgical care and treatment to the public at large and more particularly to the plaintiff herein. At.all relevant times herein, defendant JACKSON was an agent, servant and/or employee of defendant BETH ISRAEL MEDICAL CENTER (hereinafter referred to as "13IMC"), 8 3; Defendant ABRAHAM BERGER:, M.D. (hereinafter referred to as "BERGER") is a physician duly licensed to practice medicine and surgery in. the State of New York. 9, Defendant BERGER held himself out as a physician duly licensed to practice medicine and surgery in the State of New York. 10.: Defendant BERGER held himself out as specializing in the field of emergency room medicine. 11. At all relevant times herein, defendant BERGER maintained an office for his practice at defendant BETH ISRAEL MEDICAL CENTER, 10 Nathan D. Perlman Place, New York, NY Defendant BERGER held himself out to the public at large and more, particularly to the plaintiff herein, MILUTIN JAKSIC, as a licensed physician duly qualified and competent to render requisite medical and surgical care and treatment to the public at large and more particularly to the plaintiff herein. 13, At all relevant times herein, defendant BERGER was an agent, servant a.nd/or employee of defendant BETH ISRAEL MEDICAL..: CENTER (hereinafter referred to as "I3IMC"), 14. At all relevant times herein, defendant JACKSON was, and still is, an agent, servant, and/or employee of defendant BERGER. 15. Defendant SHEFA LI KOTHARY M.D. (hereinafter referred to as "KOMARY") is a physician duly licensed to practice medicine and surgery in the State of New York.

5 T'*,111k4ikx, 741-,4 1&. Defendant KOTHARY held herself out as a physician duly licensed tá practice medicine and surgery in the State. of New York. 17, Defendant KOTHARY held herself out as a resident physician specializing in the. field of radiology. 18:; At all relevant times herein, defendant KOTHARY maintained an office for her practice at defendant BETH ISRAEL MEDICAL CENTER, 10 Nathan D. Perlman Place, New York, NY 10003, 19. Defendant KOTHARY held herself out to the public at large and more particularly to the plaintiff herein, MILIJTIN JAKSIC, as a licensed physician duly qualified and competent to render requisite medical and surgical care and treatment to the public at large and more particularly to the plaintiff herein. 211,... At all relevant times herein, defendant KOTHARY was an agent, servant and/or employee of defendant BETH ISRAEL MEDICAL CENTER (hereinafter referred to as "131MC"), 21, Defendant SOL DAN. M.D. (hereinafter referred to as "DAN") is a physician duly licensed to practice medicine and surgery in the State of New York. 22., Defendant DAN held himself out as a physician duly licensed to practice medicine and surgery in the State ofnew York. 23 Defendant DAN held himself out as specializing in the field of radiology. At all relevant times herein, defendant DAN maintained an office for his practice at defendant BETH' ISRAEL MEDICAL CENTER, 10 Nathan D. Perlman Place, New York, NY Defendant. DAN held himself out to the public at large and more particularly- to the plaintiff herein, MIL1JTIN JAKSIC, as a licensed physician duly qualified and competent to render requisite medical and surgical care and treatment to the public at large and more particularly to the plaintiff herein. 3

6 F:Ws'im z7,-,e!lv.s,p,!x;-.9 1,74..)1F,411.1.tAt..1t-A:4-WE 26, At all relevant times herein, defendant DAN was an agent, servant and/or employee of defendant BETH ISRAEL MEDICAL CENTER (hereinafter referred to as "BIMC"). 27. At all relevant times herein, defendant KOTHARY Was, and stillis,-an agent, servant, and/or employee of defendant DAN. 28. Defendant JOSEPH NASH. RPA-C (hereinafter referred to as "NASH") is a physician's assistant duly licensed to practice medicine and surgery in the State of New York. 29: Defendant NASH held himself out as a physician's assistant duly licensed to practice medicine and surgery in the State of New York, 30, Defendant NASH held himself out as specializing in the field of emergency mom medicine. 31. At all relevant times herein, defendant NASH maintained an office for his practice at defendant BETH ISRAEL MEDICAL CENTER, 1.0 Nathan D. Perlman Place, New York., NY Defendant NASH held himself out to the public, at large and More particularly to the plaintiff herein, JAKSIC, as a licensed. physician's assistant duly qualified and competent to render requisite medical and surgical care and treatment to the public at large and more particularly to the plaintiff herein. 33. At all relevant times herein, defendant NASH was an agent, servant and/or employee of defendant BETH ISRAEL MEDICAL CENTER (hereinafter referred to as "BIMC"). 34. Defendant IRA DRESCHER, M.D. (hereinafter referred to as "DRESCHER") is a physician duly licensed to practice medicine and surgery in the State of New York. 35. Defendant DRESCHER held himself out as a physician duly licensed to practice medicine and surgery in the State of New York. 4 5 of 18

7 PqN*FiLaWag=41 ',531a-LF:74f a. (4 34, Defendant DRESCHER held himself out as specializing in the field of emergency room medicine. 37. At all relevant times herein, defendant DRESCHER maintained an office for his practice at defendant BETH ISRAEL MEDICAL CENTER, 10 Nathan D. Perlman Place, New York, NY , Defendant DRESCHER held himself out to the public at large and more particularly to the plaintiff herein, MILUTIN JAKSIC, as a licensed physician duly qualified and competent to render requisite medical and surgical care and treatment to the public at large and more particularly to the plaintiff herein. 39. At all relevant dines herein, defendant DRESCHER was an agent, servant and/or employee of defendant BETH ISRAEL MEDICAL CENTER (hereinafter referred to as "BIMC"). 40, At all relevant times herein, defendant NASH was, and still is', an agent, servant, and or employee of defendant DRESCHER. 41.; Defendant BETH ISRAEL MEDICAL CENTER is a domestic professional corporation duly organized duly organized and existing underand by virtue of the laws of the State of New York. 42, Defendant BIMC through its agents, servants and/or employees, held itself out as duly licensed to practice medicine and surgery in the State of New York. 43,, Defendant BIMC owns and/or operates a hospital/medical center located at 10 Nathan D. Perlman Place, New York, County of New York. 44: Defendant 131-Me, its agents, servants and/or employees operated, managed, maintained, controlled and supervised the aforesaid premises, which held itself out to the public at large and, more particularly,to the plaintiff herein, as a hospital duly.qualified and capable of rendering adequate medical and surgical care and treatment to the public at large and for such purposes hired

8 ywal.kaw:#not-gywr physicians, physician's assistants. surgeons, nurses, attendants and other personnel. 45. Defendant JACKSON is an agent, servant, and/or employee of defendant BIMC. 46. Defendant BERGER is an agent, servant, and/or employee of defendant BIMC. 47. Defendant K.OTHAV.Y is an agent, servant, and/or etnployee of defendant BIMC, 48. Defendant DAN is an agent, servant, and/or employee of defendant BIMC. 49. Defendant NASH is an agent, servant, and/or employee of defendant BIMC. 50. Defendant DRESCHER is an agent, servant, and/or employee of defendant BIMC. THE UNDERLYING FACTS, Commencing on or about April 22, 2012, and prior and subsequent thereto, plaintiff, MILIJT1N JAKSIC came under the continuous care and treatment of defendant JACKSON, and of her agents, servants and/or employees at defendant BIMC. 52, On or about April 22;201Z plaintiff MILUT1N JAKSIC sought treatment from defendant JACKSON at defendant BIMC, 10 Nathan D, Perlman Place, County of New York, State of New York. 53., It was the duty ofdefendant JACKSON and his agents, servants and/or employees, to reasonably care for, treat and supervise. her patients and, more particularly, the plaintiff herein. 54. Commencing on or about April 22, 20.12, and prior and subsequent,thereto plaintiff, MILUTIN JAKSIC came under the continuous care and treatment of defendant BERGER, and of his agents, servants and/or employees at defendant BIMC.

9 -1S,.e.r,7;:iTn:::i-k!,:;;; 1. 55, On or about April 22, 2012, plaintiff MILUTIN TAKSIC sought treatment from defendant BERGER at defendant BIMC, 10 Nathan D. Perlman Place County of New York, State of New York It was the duty of defendant BERGER and his agents, servants and/or employees, to reasonably care for, treat and supervise his patients and, more particularly, the plaintiff herein. 57k Commencing on or about April 22, 2012, and prior and subsequent thereto plaintiff, MILLITIN JAKSIC came under the continuous care and treatment of defendant KOTHARY, and of her agents, servants and/or employees at defendant BIMC. 58. On or about April 22, 2012, plaintiff MILUTIN JAKSIC sought treatment from defendant KOTHARY at defendant BIMC, 10 Nathan D. Perlman Place, County of New York, State of New York. 59,, It was the duty of defendant KOTHARY and her agents, servants and/or employees, to reasonably care for, treat and supervise her patients and, more particularly, the plaintiff herein. 60,, Commencing on or about April 22, 2012, and prior and subsequent thereto plaintiff, maxim JAKSIC carne under the continuous care arid treatment of defendant DAN, and of his agents, servants and/or employees at defendant BlIVIC. On or about April 22, 2012, plaintiff mg,vrin JAKSIC sought treatment from defendant DAN at defendant BIMC, 10 Nathan D. Perlman Place, County of New York, State of New York. 62, It was the duty of defendant DAN and her: agents, servants and/or employees, to reasonably care for, treat and supervise her patients and, more particularly, the plaintiff herein. 634 Commencing on or about May 22, 2012, and prior and subsequent thereto plaintiff. MILUTIN JAKSIC came under the continuous care and treatment of defendant NASH, and of his agents, servants and/or employees at defendant BIMC.

10 T.F!Wi: %y405kg.;11.4grig4t1 64, On'or about April 22, 20 l 2, plaintiffmillitin JAKSIC sought treatment from defendant NASH. at defendant BIMC, 10 Nathan_ D. Perlman Place, County of New York, State of New York. 65, It was the duty of defendant NASH and his agents, servants and/or employees, to reasonably care for, treat and supervise his patients and, more particularly, the plaintiff herein, 66 Commencing on or about May 22, 2012, and prior and subsequent thereto plaintiff MILUT1N JAKSIC came under the continuous care and treatment of defendant DRESCHER, and of his agents, servants and/or. employees at defendant BIMC.. 67: On or about April 22, 2012, plaintiffmilutinjaksic sought treatment from defendant DRESCH.ER at defendant BIMC, 10 Nathan D. Perlman Place, County of'new York, State of New York. 68, It was the duty of defendant DRESCHER and his agents, servants and/or employees, to reasonably care for,.treat and supervisehis patients and, more particularly, the plaintiff. herein. 69, On or about April 22, 2012, plaintiff MILUTIN JAKSIC; came under the care and treatment of defendant BIMC. 70. On or about Aprit.22, 2012, milutin JAKSIC presented to the premises of defendant BIMC complaining of lacerations to his right elbow, caused by glass thrown at his place of employment. 71,,. On or about April 22, 2012, at defendant BIMC, x-rays were performed of plaintiffs right elbow which were reported by defendant KOTHARY as showing "Radiopaque density lateral to the distal humerus, which may represent a.foreign body". On or about April 22, 2012, further x-rays were performed of plaintiffs right elbow, which were reported by defendant KOTHARY and confirmed by defendant DAN' as no longer showing a radiopaque density adjacent to the distal humerus. 10 of 18

11 At `SA:40-7AT 73, On or about April 22, 2012, defendant JACKSON, supervised by defendant BERGER, sutured the laceration and discharged plaintiff from the emergency room at defendant BIMC. 74. On or about May , plaintiff again presented to defendant BIMC complaining of right elbow pain and was seen by defendant NASH, supervised by defendant DRSCHER. The diagnosis, at that time, was right elbow pain, "likely due to strain or heavy liftingt 75, On or about May 22, 2012 Plaintiff was discharged from defendant B1MC, by defendant NASH. Without x-ray or treatment On or about February 23, 2016,. plaintiff was seen by a physician in Serbia who referred him for surgery for a painful right elbow. 77. On or about February 25, 2016, a foreign body (glass) was removed from plaintiffs right elbow near the right epicondyle. 78. This action is timely commenced purstiantio New York Civil Practice Law and Rules (MLR) 214-a, within one year of discovery of the foreign body (glass) and within one year of discovery of facts which would reasonably lead to such discovery. :Afi4N1)..TOlt:A.IPRS!rIPfnl:WVCACTIONI..., 79. The medical care and treatment rendered by the defendants to plaintiff MILUTIN JAKSIC was rendered in a careless and negligent manner, not in accordance and conformity with proper and accepted medical practice and procedure. 80,. Among other things, the defendants were careless reckless and negligent in their care and treatment of plaintiltmilutin JAKSIC,; in causing and permitting incompetent, unskillful and improper treatment of the plaintift in failing and neglecting to provide skillful, diligent and careful: treatment of the plaintiff in accordance with accepted standards of medical and surgical practices, procedures and techniques prevailing at the aforesaid time and place; in failing to exercise knowledge, skill and diligence which 11 0 f is

12 they should have exercised on plaintiffs behalf thereby inflicting serious injury to plaintiff; in failing to properly and timely remove a glass foreign fromplaintiffs right elbow; in negligently and carelessly leaving a foreign object in the plaintiff's body on or about April 22, 2012 and May 22, 201.2, as well as any and all other visits to defendant BIMC between April 22, 2012 and May 22, 201.2; in failing to remove the foreign object from the plaintiffs body, on or about April 22,2012 and May 22, 2012 as well as any and all other visits to defendant BIMC between.. April 22, 2012 and May ; in failing to recognize the presence of the tbreignobject; in failing to consider the presence of a foreign object as a cause of plaintiffs severe and persistent symptoms and signs; in failing to perform appropriate and indicated diagnostic studies; in misdiagnosing and improperly treating the plaintiff for his symptoms and signs resulting from the presence of a foreign object; and defendants have been otherwise careless and negligent. 81. As a result of the carelessness and negligence of the defendants, plaintiff MILLITIN JAKSIC was caused to sustain severe and permanent personal injuries, including, among other things: retention of a foreign object; severe pain to right elbow; requirement for surgery to remove the foreign object; was caused to be rendered sick, sore, lame and disabled; was caused to be confined to hospital, home and bed for a lengthy period of time and may. in the future, be so caused;, was caused 'to seek extensive medical care and treatment and may, in the future, be so caused; was caused to sustain severe pain, swelling and suffering of the afflicted areas; was caused to incur significant expenses for medical and other damages, all of which are permanent in nature and continuing into the future. 82, By reason of the foregoing, the defendants are jointly and severally liable. pursuant to the exceptions set forth in Article 16 of the CPI. R y reason of the foregoing, plaintiff is entitled to recover all his damages from the defendants pursuant to CPLR 3017(o), the amount of which exceeds the jurisdictional limits of all lower Courts. 12 of 18

13 .,AS. AND. FORA SECOND CAUSE OF ACTION. 84. Plaintiff repeats, reiterates and realleges each and every allegation set forth in the paragraphs of this Complaint numbered "1" through "83", inclusive, with the same force and effect as if more fully set forth at length herein, The defendants failed to obtain plaintiffs informed consent or the consent of an individual authorized to act upon his behalf, to the treatment., orlack of treatment rendered to the plaintiff. 85. Proper medical practice and procedure required the defendants to obtain plaintiff's consent and procedure required the defendants to obtain plaintiffs consent or the consent of an individual authorized to act on his behalf, to the treatment or lack of treatment rendered to the plaintiff. 86. A reasonably prudent person in the plaintiffs position or the position of an individual authorized to act on his behalf, would not have undergone the treatment or lack of treatment provided by the defendants had he been properly informed of the risks and hazards of such treatment, or lack of treatment. 87. Plaintiff or an individual authorized to act on his behalf, would not have agreed to the treatment, or lack of treatment provided by the defendants had he or the individual authorized to act on his behalf, been properly informed of the risks and hazards of such, treatment, or. Jack of treatment. 88. Defendants' failure to obtain plaintiffs informed consent or the consent of an individual authorized to act on his behalf is xt contributing cause of the injuries sustained by the plaintiff,.as set forth above. 89. By reason of the foregoing, the defendants are jointly and severally liable pursuant to the exceptions set forth in.article 16 of the CPLR. 90. By reason of the foregoing, plaintiff is entitled to recover all his damages from the defendants pursuant to CNA 3017(c), the amount of which, exceeds the jurisdictional limits of all lower Courts. 13 of 18

14 AS AND FOR A TRIAD CAUSE OF ACTION 91., Plaintiff repeats, reiterates and realleges each and every allegation set forth in the paragraphs of this Complaint numbered ''1" through "90", inclusive, with the same force and effect as if more fully set forth at length herein. 92, The instrumentality which caused the injuries to plaintiff MILUTIN JAKSIC was solely within the control of defendants, and each of them. 93.fl But for the negligence of the defendants, and each of Mein, the incident would not have occurred. 94. But.for the negligence of the defendants, JILL K. JACKSON, M.D., ABRAHAM BERGER, M.D., SHEFALI KOTHARY, M.D., SOL. PAN, M.D., JOSEPH NASH, RPA-C, IRA DRESCHER, M.D. and BETH ISRAEL MEDICAL CENTER, and each of them, the injuries to plaintiff MILUTIN JAKSIC would not have occurred. 95., Plaintiff MILUTINIAKSIC is entitled to recover from defendants JILL K. JACKSON, M.D. ABRAHAM BE;RGER, M.D., SHEFALI KOTHARY, M.D., SOL DAN.: M.D., JOSEPH NASH,,RPA-C, IRA DRESCHER, M.D. and BETH ISRAEL MEDICAL, CENTER. under the Doctrine of Res Ipso. Loquitur. 96,4 By reason of the foregoing, the defendants are jointly and severally liable pursuant to the exceptions set forth in Article 16 of the CPLR. 97. By reason of the foregoing, plaintiff is entitled to recover all his damages from the defendants pursuant to CPLR 3017(c), the amount of which exceeds the jurisdictional limits of all lower Courts. WHEREFORE, plaintiff MILOTIN JAKSIC demands judgment against the defendants on the First, Second and Third Causes of Acti ori pursuant to CPLR. 3017(c), and demands that he be awarded all damages and relief to which he is entitled. Dated: New York, New York May 27, of 18

15 A. - rp-!-y.:114;14?-1-'6cil Alvin C. Gordon GORDON LAW FIRM OF NEW YORK, ILP Attorneys for the Plaintiffs' 45-Broadway, 1261 Floor New York, New York (718) of 18

16 - ATTORNEY'S VERIFICATION Al VIN C. GORDON, an attorney and Member of the law firm of GORDON law FIRM OF NEW YORK, u.,p, attorneys for the plainti ff(s) in the within action, duly admitted to practice law in the Courts of the.state of New York, affirms the following statements to be true under the penalties of perjury, pursuant to Rule 26 of the CPLR: That affirmant has read the foregoing COMPLAINT and knows the contents thereof; that the same is true to affirmant's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters affinnant believes them to be true. Affirmant further states that the source of affinnant's information and grounds of affirmant's belief are derived from the file maintained in the normal course of business of the a ul 1 plaintiff(s). Affiimant further states that the reason this verification is not made by the plaintiff is that the plaintiff does not reside within the County of New York, which is the County where the. attorneys for the plaintiff(s) herein maintain their offices., Dated: New York. New York May 27,2016 A.LVIN C. GORDON 16 of 16

17 14W4V4AP74.11W:::-FW1.1 s g...,.-nrzatwam st rnro-a.,,am,-f 4...4:ad mist1+1,1... r-t,x- mato...,.aticirneys CERTIFICATION, ALVIN C, GORDON, an attorney duly admitted to practice before the Courts of this State, certifies the following: I. I am an attorney and associate of the law firm of GORDON LAW FIRM OF NEW YORK, UP, attorneys fat* the plaintiff in the within action. 2. I have reviewed the facts of the case and have consulted with a physician duly licensed to practice medicine in the State of New York and reasonably believe that said physician is knowledgeable with respect to the relevant issues involved in this action. 3. Based upon the discussions had with the aforesaid physician, I have concluded, on the basis of my review and consultation, that there is a reasonable basisfor the commencement of, this action, Dated: New York, New York Ivlay z7, 2U 16 ALVIN C: GORDON 17 of 1.8

18 i, erme.,'"evr? 31.#.16.AllrAtt's...ftemrS, It....n4b...W.w."0.00,10,1?»..FAnrItyktmArregm4s1Wroi Index No. Year 2016 SUPREME COURT OP THE STATE OF NEW YORK COUNTY OF KINGS MILL/11N jaksic, Plaintiff, - against - JILL K. JACKSON, M.D., ABRAHAM BERGER, M.D. SHEFALI KOTFIARY, M.D., SOL DAN, M.D., JOSEPH NASH, RPA-C, IRA DRESCHER, M.D., and BETH ISRAEL MEDICAL CENTER, Defendants. SUMMONS AND VERIFIED COMPLAINT GORDON. LAW FIRM OF NEW YORIC,,LLP Attorneys for Plaintiff(s) Office and Post Office Address, Telephone 45 Broadway, 12th Floor New York, New York (718) , if.""57,,,... CE,RT1FIED PURSUANT TO 22 NYCRR 130-1,1; GORDON LAW FIRM OF NEW YORK, LLP 45 Broadway, 1211' Floor New York, New York of 18

19 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS MILUTIN JAKSIC -against- JILL K JACKSON MD et al Plaintiff/Petitioner, Defendant/Respondent, NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above has been commenced as an electronically filed case in the New York State CourtS Electronic Filing System ("NYSCEF") as required by CPLR 2'111 and Uniform Rule bb (mandatory electronic filing). This notice is being served as required by that rule. NYSCEF is designed for the electronic filing of documents with the County Clerk and the `OW+ CIhd 'for the:: ret:aronit; those ocurt - (10t1.0.r,4efits,,4.4c1 eifi iit)0 cguroil a I `4.6.f:041 have aces d to t ti riir Nina Electronic filing offers significant ben0 :1 gents, permitting papers to be filed with the County Clerk and the court and served on other parties simply, conveniently, and quickly, NYSCEF case documents are filed with the County Clerk and the court by filing on the NYSCEF Website, which can be done at any time of the day or night on any day of the week. The documents are served autonfatically on all congiepting e-fijers as 'c); Oument is uploaded to ;(ate webslut which soti'd.4'oilit; an immediate entail notification of titl `r14. G The NYSCEF System charges no fees for filing, serving, or viewing the electronic case refold, nor does it charge any fees to print any filed documents. N t'nt l., i #t # e paid, but th:(0::oen be done on-jine, Parties represented by an attorney; An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF site; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner andfor internet connection or that they lack (along with all employees subject to their direction) the operational knowledge to comply with e-filing requirements. [Section bb(e)] Parties not represented by an attorney: Unrepresented litigants are exempt from efiling. They can serve and file documents in paper form and must be served with documents in paper form. However, an unrepresented litigant may participate in e-filing.

20 vl... For information on how to participate in e-filing, unrepresented litigants should contact the appropriate clerk in the court where the action was filed or visit NiVsinoo:61c!,goyisittoagmaa tad. Unrepresented litigants also are encouraged to visit,livww,nyetiortheip;gov. or contact the Help Center in the court where the action was filed. An unrepresented litigarit who consents to e-filing may cease participation at any time. However, the other parties may continue to e-file their court documents in the case. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at or contact the NYSCEF Resource Center (phone; ; die Iwo 40!). Dated: 06/02/ wgnature MAN.UEL B MOSES Narne Firm Name 236 West 26th Street Suite 303 Address irt mice. New York, NY City, Statrgild Zip œ jibars. 2nyc,r.r.com To: limmt. ft! m m:mr:... :,..:0,...!P. 9/3/15 Index ft Papp.2 Of 1.:! EFM-1