FILED: NEW YORK COUNTY CLERK 08/15/ :18 PM INDEX NO /2017 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 08/15/2017

Transcription

1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No.: /2017 JANE DOE #3, JANE DOE #4, JANE DOE #5, and JANE DOE #6, -against- Plaintiffs, THE NEW YORK AND PRESBYTERIAN HOSPITAL; COLUMBIA-PRESBYTERIAN MEDICAL CENTER; COLUMBIA UNIVERSITY MEDICAL CENTER; COLUMBIA-PRESBYTERIAN MEDICAL CENTER, EAST SIDE ASSOCIATES; EAST SIDE ASSOCIATES; ROBERT HADDEN, M.D.; THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK; COLUMBIA UNIVERSITY COLLEGE OF PHYSICIANS AND SURGEONS; PRESBYTERIAN HOSPITAL PHYSICIAN SERVICES ORGANIZATION, INC.; COLUMBIA-CORNELL CARE, LLC; COLUMBIA CORNELL NETWORK PHYSICIANS, INC.; SLOANE HOSPITAL FOR WOMEN, COMBINED DEMANDS AND NOTICE OF EBT DEMANDS AND NOTICE OF VIDEO DEPOSITION Defendants X S I R S: PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, the defendant is hereby required to produce and allow discovery and inspection to be made by the plaintiff herein, her attorney or others acting on their behalf at the Office of ANTHONY T. DIPIETRO, P.C. at 233 Broadway, 5 th Floor, New York, New York, 10279, thirty days from the date hereof at 10:00 a.m. at which time the plaintiff will examine, duplicate or copy or photostat the following: 1. Pursuant to CPLR 3101(f), the defendant is to produce and permit plaintiff to inspect and copy all policies of insurance and excess insurance and policy 1 of 8

2 limitations which policy or policies were in effect during the period of plaintiff's care and any excess, hospital provided insurance, reinsurance, self-insurance, or indemnity agreements which may in whole or in part become available for the payment of any judgment which may be had upon the allegations set forth in the verified complaint and/or bill of particulars of the plaintiff and to produce a statement of the number of claims and lawsuits as made against any such policy during the policy period and the amount of claims paid against said policy, excess policy and/or reinsurance policy, and with respect to any hospital defendant. Such defendant is additionally to produce any and all policies of insurance and/or agreements relating to insurance, which may provide coverage or excess coverage to any individually named physician defendant or co-defendant in this action. 2. The names and addresses of each person claimed or known, or believed to be a witness to the care and treatment of the plaintiff(s) above named, during the period of plaintiff's care, and/or to any acts or conditions which have been alleged as causing or contributing to the occurrence alleged as causing or contributing to the occurrence alleged in the complaint and bill of particulars, and/or any eye witnesses to any act of culpable conduct by the plaintiff(s), and/or to any discussion had with the plaintiff(s) with respect to the issue of informed consent. If no such witnesses are known to the defendant, so state in the sworn reply to this item of the demand and this shall be a continuing demand. The plaintiff will object upon trial as to any testimony of any witnesses not so identified. 3. That pursuant to CPLR 3120 that the defendant produces for discovery and inspection and copying the following: a) The original hospital record of the plaintiff including all billing 2 of 8

3 records, X-rays, scans, films, MRIs, sonograms, imaging studies, all monitoring strips, pathology slides, gross pathology samples, transfer records, office records, office chart, billing records, phone records/logs, correspondence with others had with respect to the plaintiff prior to, during, and after the plaintiff s care and any prior records, correspondence, and/or medical and laboratory records with respect to the plaintiff. In the event that such records and documents and/or items are not under the defendant's custody or control, state and identify such items and state the person or entity believed by the defendant to be in possession of such items, documents, or records. This is a continuing demand and calls for the production of said items in the event that same shall come into the possession of the defendant or their counsel after reply is made to this initial demand. b) Any photographs, video tapes, films, surveillance and/or slides of the plaintiff or any part of the plaintiff's body in the possession or under the control of the defendant, their agents, servants, employees, attorneys or insurance company. This is a continuing demand. 4. That pursuant to CPLR 3101(d), demand is made that the defendant identify by description all persons defendant expect to call as expert witnesses at the time of trial and a detailed written statement as to: a) the subject matter on which each expert is expected to testify; b) the documents, items, objects, and things examined or reviewed by such expert(s) and if microscopic slides or specimens were reviewed state the identifying codes, numbers, or markings upon such items; c) the qualifications of such witness and d) the grounds and basis for each opinion held by said expert witness. In the event of failure to comply with said demand, or to completely comply therewith, objection will be made at the time of trial to 3 of 8

4 any such expert's testimony, which is not in full compliance with this demand. This is a continuing demand. 5. That pursuant to CPLR 3101(e), a copy of each and every statement and other writings or true copy thereof, or transcription of oral statements, taping, photographing, video taping, and/or recording made by or made of the plaintiff(s). 6. A copy of any authorization or consent to deliver to any third person or hospital any pathological specimens, microscopic slides, reports, and/or medical information with respect to the plaintiff. S I R S: PLEASE TAKE NOTICE, that pursuant to Section of the Uniform Civil Rules for the Supreme Court and the County Court, and CPLR 3113 and 3107, plaintiff will conduct a Videotaped Examination Before Trial of the defendant ROBERT HADDEN twenty days from today, at 10:00 A.M. at our offices, or at any alternate date, or alternate location, as may be mutually agreed by the parties. Deponent will be videotaped by either Henry Marte or Nicholas Guzman, who are employed by Pixel Court Reporting, LLC, located at 233 Broadway, Suite 2700, New York, NY S I R S: PLEASE TAKE FURTHER NOTICE that pursuant to the CPLR you are required to serve a verified bill of particulars as the defendant(s): 1 - Affirmative defense of culpable conduct on the part of the plaintiff setting forth each and every alleged act or omission constituting the alleged culpable conduct, the date thereof, the place whereof, and the damage or injury alleged to have resulted therefrom. Such 4 of 8

5 bill of particulars must be served within 20 days of the date hereof and upon your failure to do so, an Order will be sought precluding any such testimony and the striking of any such defense as may be based upon alleged culpable conduct as aforesaid. 2 - Affirmative defense as to the Public Health Law and informed consent set forth each risk, hazard, and alternative which the defendant(s) allege the plaintiff(s) was informed of, the person providing said information, the date(s) and place(s) of each occasion when such information was given to the plaintiff(s), and the persons present on each of said occasion(s). 3 - Affirmative defense as to Article 16. Please specify each exception and the basis for each exception being claimed, including the identity of any other person or entity, whether named herein or not, who will be claimed was negligent, as well as the particulars concerning the negligent acts and/or omissions of said person(s) or entity(ies) that will be allege at trial. 4 - Affirmative Defense of Lack of Jurisdiction, please particularize: (a) whether or not this defense is being alleged, and if not: (b) the good faith basis for asserting lack of jurisdiction; 5 - Affirmative Defense of Statute of Limitation, please particularize: (a) whether or not this defense is being alleged, and if not: (b) the good faith basis for asserting the defense of the Statute of Limitations; (c) the first and last date of medical care, treatment and/or service rendered by your defendant to each plaintiff. 5 of 8

6 (d) whether or not each plaintiff was a private patient, service, or clinic patient of your defendant. S I R S: PLEASE TAKE FURTHER NOTICE, that any authorizations to obtain medical, employment, or other data of or concerning the plaintiff(s) does not authorize the defendant and/or their agents, servants, attorneys, insurance company, or employees to interview the physicians, hospital employees, employers or former employers of the plaintiff without counsel for plaintiff being advised of same in writing and at least twenty days in advance so that plaintiff's counsel can make arrangements to be present for such interview(s). Furthermore, such authorizations are limited to the release of existing medical records only and are valid for no other purpose. Any such medical records may not be released to any third persons or anybody else without a further written authorization of the plaintiff(s). Dated: New York, New York August 15, 2017 Law Office of Anthony T. DiPietro, P.C. By:! By: Anthony T. DiPietro Attorneys for Plaintiff(s) 233 Broadway, 27 TH Floor New York, New York TO: Heidell Pittoni Murphy & Bach Robert Hadden 6 of 8

7 ! AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) I, Anthony T. DiPietro, being duly sworn, say: I am not a party to the action, am over 18 years of age and reside at Richmond County, New York. On, August 15, 2017, served the within: COMBINED DEMANDS AND NOTICE OF EBT [X] Service by Mail by depositing a true copy thereof in a post-paid wrapper, in an official depository under the exclusive care and wrapper, in an official depository under the care and custody of the U.S. Postal Service within the New York State, addressed each of the following persons at the last known address set forth after each name: TO: ROBERT HADDEN 280 Windsor Road Englewood, NJ HEIDELL, PITTONI, MURPHY & BACH, LLP Attorneys for All Institutional Defendants Office & P.O. Address 99 Park Avenue New York, New York ANTHONY T. DIPIETRO 7 of 8

8 Index No Year: 2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ================================================== JANE DOE #3, JANE DOE #4, JANE DOE #5, and JANE DOE #6, - against - Plaintiff, THE NEW YORK AND PRESBYTERIAN HOSPITAL; COLUMBIA-PRESBYTERIAN MEDICAL CENTER; COLUMBIA UNIVERSITY MEDICAL CENTER; COLUMBIA-PRESBYTERIAN MEDICAL CENTER, EAST SIDE ASSOCIATES; EAST SIDE ASSOCIATES; ROBERT HADDEN, M.D.; THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK; COLUMBIA UNIVERSITY COLLEGE OF PHYSICIANS AND SURGEONS; PRESBYTERIAN HOSPITAL PHYSICIAN SERVICES ORGANIZATION, INC.; COLUMBIA-CORNELL CARE, LLC; COLUMBIA CORNELL NETWORK PHYSICIANS, INC.; SLOANE HOSPITAL FOR WOMEN Defendants, ================================================== COMBINED DEMAND AND NOTICE OF VIDEO EBT ================================================== LAW OFFICE OF ANTHONY T. DIPIETRO, P.C. Attorneys for Plaintiff Office and Post Office Address, Telephone WOOLWORTH BUILDING 233 Broadway, 27 TH Floor New York, New York (212) To: All Counsels Attorney(s) for Service of a copy of the within is hereby admitted, Dated, Attorney(s) for 8 of 8