FILED: QUEENS COUNTY CLERK 02/25/ :11 AM INDEX NO /2016 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/25/2016

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1 FILED: QUEENS COUNTY CLERK 02/25/ :11 AM INDEX NO /2016 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/25/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X ECF File ROBERT A. SHER, as Administrator of the Estate of Index No.: /2016 SALLY SHER, deceased, -against- Plaintiff, VERIFIED ANSWER EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC, PLAINVEEW HOSPITAL, NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM, INC. and NORTHWELL HEALTH, INC., Defendants. X Defendant, EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC, answering the Verified Complaint of the plaintiff, upon information and belief, respectfully shows to this Court and alleges as follows: NATURE OF THE ACTION 1. Defendant denies each and every allegation contained in paragraph numbered " 1" of the plaintiffs Verified Complaint, in the form alleged, and refers all questions of law and fact to this Honorable Court and the triers of fact at the trial of this action. 2. Defendant denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs numbered "2" and "4" of the plaintiffs Verified Complaint, in the form alleged. 3. Defendant denies each and every allegation contained in paragraph numbered "3" of the plaintiffs Verified Complaint, in the form alleged, except admits that plaintiff-decedent was a resident at defendant's facility, and refers all questions of law and fact to this Honorable Court and the triers of fact at the trial of this action.

2 4. Defendant denies each and every allegation contained in paragraph numbered "5" of the plaintiffs Verified Complaint. PARTIES 5. Defendant denies having any knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered "6", "7", "8", "16", "17", "18","19","20" and "21" of the plaintiffs Verified Complaint. 6. Defendant denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph numbered "9" of the plaintiffs Verified Complaint, in the form alleged, and refers all questions of law and fact to this Honorable Court and the triers of fact at the trial of this action. 7. Defendant admits each and every allegation contained in paragraph numbered " 10" of the plaintiffs Verified Complaint. 8. Defendant denies each and every allegation contained in paragraph numbered "11" of the plaintiffs Verified Complaint, in the form alleged, except admits that the defendant, EXCEL AT WOODBURY REHABILITATION AND NURSING, LLC, was and still is a domestic limited liability company, duly organized and existing under and by virtue if the laws of the State of New York, and refers all questions of law and fact to this Honorable Court and the triers of fact at the trial of this action. 9. Defendant denies each and every allegation contained in paragraphs numbered "12","13","14" and "15" of the plaintiffs Verified Complaint, in the form alleged, except admits that defendant provides skilled nursing and rehabilitation services at 8533 Jericho Turnpike, Woodbury, New York, and refers all questions of law and fact to this Honorable Court and the triers of fact at the trial of this action.

3 JURISDICTION AND VENUE 10. Defendant denies each and every allegation contained in paragraph numbered "22" of the plaintiffs Verified Complaint, in the form alleged, and refers all questions of law and fact to this Honorable Court and the triers of fact at the trial of this action. 11. Defendant denies each and every allegation contained in paragraph numbered "23" of the plaintiffs Verified Complaint, in the form alleged, except admits that defendant provides skilled nursing and rehabilitation services at 8533 Jericho Turnpike, Woodbury, New York, and refers all questions of law and fact to this Honorable Court and the triers of fact at the trial of this action. 12. Defendant denies having any knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph numbered "24" of the plaintiffs Verified Complaint. ANSWERING THE FIRST CAUSE OF ACTION 13. Answering paragraph numbered "25" of the plaintiffs Verified Complaint herein, defendant, repeats, reiterates and realleges each and every denial and denial of knowledge or information sufficient to form a belief heretofore made in regard to each and every paragraph of plaintiffs Verified Complaint, designated as paragraphs "1" through "24" inclusive, with the same force and effect as though more fully set forth at length herein. 14. Defendant denies each and every allegation contained in paragraphs numbered "26", "27", "28", "29", "30", "31", "32", "33", "34", "35" and "40" of the plaintiffs Verified Complaint, in the form alleged, except admits that defendant provides skilled nursing and rehabilitation services at 8533 Jericho Turnpike, Woodbury, New York, and refers all questions of law and fact to this Honorable Court and the triers of fact at the trial of this action.

4 15. Defendant denies each and every allegation contained in paragraph numbered "36" of the plaintiffs Verified Complaint, in the form alleged, and refers all questions of law and fact to this Honorable Court and the triers of fact at the trial of this action. 16. Defendant denies each and every allegation contained in paragraphs numbered "37","38","39","41" and "42" of the plaintiffs Verified Complaint, in the form alleged, except admits that plaintiff-decedent was a resident at defendant's facility, and refers all questions of law and fact to this Honorable Court and the triers of fact at the trial of this action. 17. Defendant denies each and every allegation contained in paragraphs numbered "43"^ "44", "45", "46", "47", "48", "49", "50", "51", "52" and "53" of the plaintiffs Verified Complaint. ANSWERING THE SECOND CAUSE OF ACTION 18. Answering paragraph numbered "54" of the plaintiffs Verified Complaint herein, defendant, repeats, reiterates and realleges each and every denial and denial of knowledge or information sufficient to form a belief heretofore made in regard to each and every paragraph of plaintiffs Verified Complaint, designated as paragraphs "1" through "53" inclusive, with the same force and effect as though more fully set forth at length herein. 19. Defendant denies each and every allegation contained in paragraphs numbered "55","56" and "61" of the plaintiffs Verified Complaint, in the form alleged, except admits that plaintiff-decedent was a resident at defendant's facility, and refers all questions of law and fact to this Honorable Court and the triers of fact at the trial of this action. 20. Defendant denies each and every allegation contained in paragraphs numbered "57" and "62" of the plaintiffs Verified Complaint, in the form alleged, and refers all questions of law and fact to this Honorable Court and the triers of fact at the trial of this action.

5 21. Defendant denies each and every allegation contained in paragraphs numbered "58", "59", "60", "63", "64", "65", "66", "67", "69" and "70" of the plaintiffs Verified Complaint. 22. Defendant denies having any knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph numbered "68" of the plaintiffs Verified Complaint. ANSWERING THE THIRD CAUSE OF ACTION 23. Answering paragraph numbered "71" of the plaintiffs Verified Complaint herein, defendant, repeats, reiterates and realleges each and every denial and denial of knowledge or information sufficient to form a belief heretofore made in regard to each and every paragraph of plaintiffs Verified Complaint, designated as paragraphs "1" through "71" inclusive, with the same force and effect as though more fully set forth at length herein. 24. Defendant denies each and every allegation contained in paragraphs numbered "72","73","74","76" and "77" of the plaintiffs Verified Complaint. 25. Defendant denies having any knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph numbered "75" of the plaintiffs Verified Complaint. ANSWERING THE FOURTH CAUSE OF ACTION 26. Answering paragraph numbered "78" of the plaintiffs Verified Complaint herein, defendant, repeats, reiterates and realleges each and every denial and denial of knowledge or information sufficient to form a belief heretofore made in regard to each and every paragraph of plaintiffs Verified Complaint, designated as paragraphs "1" through "77" inclusive, with the same force and effect as though more fully set forth at length herein.

6 27. Defendant denies each and every allegation contained in paragraphs numbered "79","80","81","82","83" and "85" of the plaintiffs Verified Complaint. 28. Defendant denies having any knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph numbered "84" of the plaintiffs Verified Complaint. ANSWERING THE FIFTH CAUSE OF ACTION 26. Answering paragraph numbered "86" of the plaintiffs Verified Complaint herein, defendant, repeats, reiterates and realleges each and every denial and denial of knowledge or information sufficient to form a belief heretofore made in regard to each and every paragraph of plaintiffs Verified Complaint, designated as paragraphs "1" through "85" inclusive, with the same force and effect as though more fully set forth at length herein. 27. Defendant denies each and every allegation contained in paragraphs numbered "87","89","90" and "91" of the plaintiffs Verified Complaint. 28. Defendant denies having any knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph numbered "88" of the plaintiffs Verified Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 29. The answering defendant alleges, upon information and belief, that whatever injuries and/or damages were sustained by the plaintiff-decedent at the time and place alleged in the Verified Complaint were in whole or in part the result of the culpable conduct of the plaintiff/plaintiff-decedent.

7 AS AND FOR A SECOND AFFIRMATIVE DEFENSE 30. The answering defendant herein denies liability; however, if a measure of damage of fifty percent or less is found against this answering defendant, then this answering defendant is entitled to the limitations of liability in CPLR Article 16. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 31. The plaintiffs Verified Complaint fails to state a cause of action as against these answering defendants upon which relief can be granted. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 32. That the rights of action and/or the causes of action and/or each of them set forth in the Verified Complaint as against this answering defendant are barred by the applicable statute of limitations. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 33. This answering defendant pleads as a set-off all settlements, discontinuances or agreements which would reduce any recovery pursuant to General Obligations Law AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 34. Any award to plaintiff for the cost of medical care, custodial care or rehabilitation services, loss of earnings or other economic loss should be reduced by the amount such expense has been or will be replaced or indemnified in whole or in part from any collateral source in accordance with the provisions and limitations set forth in CPLR AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 35. Pursuant to Public Health Law 2801-d (1), the answering defendant pleads that defendant exercised all care reasonably necessary to prevent and limit the deprivation and injury for which liability is asserted.

8 AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 36. That this Court lacks jurisdiction over this answering defendant as it was not properly served pursuant to the directives of the Civil Practice Law and Rules. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 37. Plaintiff-decedent failed to mitigate damages, if any. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 38. That the plaintiff, pursuant to CPLR 3211(a)(3), laeks the legal capacity to sue. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 39. Should it be held that Article 14 of the New York CPLR could apply to any claim being made by the plaintiff herein, defendant requests that the relative culpability of each person who is or may be liable to contribute to any liability for the damages alleged by the plaintiff in this action should be determined in accordance with the decisional and statutory law of the State of New York, in such cases made and provided; and the equitable share of each person liable for contribution should be determined and apportioned in accordance with the relative culpability of each such person, if any, pursuant to Article 14 of the New York CPLR. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 40. That whatever injuries and/or damages were sustained by the plaintiff-decedent at the time and place alleged in the Verified Complaint were the result of the plaintiffsdecedent's assumption of risk, in realizing and knowing the hazards and dangers thereof, and that plaintiff assumed all the risks necessarily incidental to such an undertaking. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE 41. This action should be dismissed sinee all necessary and indispensible parties have not been joined in this action. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE 42. That in the event that the plaintiff-deeedent's alleged injuries and damages, if any, were caused solely by the separate and independent culpable or other tortuous conduct of either

9 the plaintiff and/or other parties, third persons and/or entities over whom and over which this answering defendant exercised no supervision or control, this answering defendant should be entitled to contribution and/or indemnification. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE 34. That the plaintiff herein is without standing to sue in the within action. WHEREFORE, defendant, EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC, demands judgment dismissing the plaintiffs Verified Complaint herein, together with the costs and disbursements of this action. Dated; Islandia, New York February 23, 2016 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC One CA Plaza, Suite 225 Islandia, New York T, /r^ By_ GREG MONDELLI LJAA File No.: TO: MALLILO & GROSSMAN Attorneys for Plaintiff Northern Boulevard Flushing, New York PLAINVIEW HOSPITAL Defendant Pro Se 888 Old Country Road Plainview, New York 11803

10 STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: GREG MONDELLI, an attorney admitted to practice in the Courts of the State of New York, affirms that the following statements are true under penalties of perjury. Affirmant is the attorney of record for the defendant, EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC, in the within action. Affirmant has read the foregoing Verified Answer, knows the contents thereof, and the same is true to affirmant's own knowledge, except as to those matters therein stated to be alleged upon information and belief, and that those matters affirmant believes to be true. This verification is made by affirmant, and not by the defendant, because the defendant is not located in the county wherein your affirmant maintains an office. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are as follows: statements of the defendant; medical records; and affirmant's general investigation into the facts of this ease. Dated: Islandia, New York February 23, 2016 GREG MONDELLI

11 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X ECF File ROBERT A. SHER, as Administrator of the Estate of Index No.: /2016 SALLY SHER, deceased, -against- Plaintiff, DEMAND FOR A VERIFIED BILL OF PARTICULARS EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC, PLAINVIEW HOSPITAL, NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM, INC. and NORTHWELL HEALTH, INC., SIRS: Defendants. X 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, EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC, within thirty (30) days after the service of a copy of this demands, 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(s) herein. 2. The location of the alleged negligent acts and/or omissions charged against the defendant(s) herein. 3a. A statement of each and every act of negligence, commission or omission which you will claim as the basis of the alleged negligence of the defendant(s) herein. 3b. If gross negligence is claimed, a general statement of the acts or omissions constituting the gross negligence claimed against the defendant.

12 3c. If punitive damages are claimed, a general statement of the acts or omissions constituting the punitive damages claimed against the defendant. 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. With respect to each such act and/or omission alleged in response to paragraphs 3a, 3b and 3c, set forth whether or not same was committed by: (a) (b) (c) (d) (e) a nurse; a physicians' assistant; a physician employed by defendant, EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC; CNA; other employees of the defendant, EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC; 5. With respect to each nurse it is claimed committed a negligent act and/or omission, set forth: (a) (b) (c) the name of the nurse or a physical description with sufficient clarity to permit ready identification; the date, time of day, and the shift wherein the alleged negligence and/or omission was committed; a general statement of the alleged negligent act and/or omission alleged. 6. With respect to each and every physicians' assistant who plaintiff claims committed a negligent act and/or omission, set forth: (a) (b) the name of the physicians' assistant, or if unknown, a physical description with sufficient clarity to permit identification; the specialty, if any, of the physicians' assistant;

13 (c) (d) a general statement of the alleged negligent act and/or omission committed; date, time of day, and the shift wherein the alleged negligence and/or omission was committed. 7. With respect to each physician employed by defendant, EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC, who the plaintiff claims committed a negligent act and/or omission, set forth; (a) (b) (c) (d) (e) (f) the name of each physician, or if unknown, a physical description with sufficient clarity to permit ready identification; the date, time of day and place each such negligent act and/or omission was committed; the specialty, if any, of each such physician; whether or not the physician was a consultant, and if so, by whom each such physician was into consultation; the nature of the services performed and/or rendered by each such physician; a general statement of the negligent acts and/or omissions which the plaintiff claims were committed by each such physician. 8. With respect to each CNA it is claimed committed a negligent act and/or omission, set forth: (a) (b) (c) the name of the nurse or a physical description with sufficient clarity to permit ready identification; the date, time of day, and the shift wherein the alleged negligence and/or omission was committed; a general statement of the alleged negligent act and/or omission alleged. 9. If the plaintiff claims that the negligent acts and/or omissions were committed by employees other than those specified above, set forth with respect to each such employee:

14 (a) (b) (c) the name, or if unknown, a physical description with sufficient clarity to permit ready identification job title, position and occupation of each; the nature of the services rendered and/or administered to or for the plaintiff; a general statement of the negligent acts and/or omissions committed by each of the individuals alleged. 10. State whether or not any claim is made to an improper or defective equipment and if so identify the equipment and state the defective conditions. 11. Give a statement of the accepted practices, customs and standards which it is claimed were violated/departed from by the answering defendant. 12. If the plaintiff complains that the defendant(s) 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) (b) (c) (d) (e) (f) (g) the complaints, signs, symptoms that the defendant(s) ignored; in what respect the diagnosis was erroneous and incorrect, what the claimed correct diagnosis, the point in time that the plaintiff claims the defendant(s) should have made the correct diagnosis. the improper treatment that was afforded and in what manner the said treatment was improperly performed; the name of each and every contraindicated drug; the name of each proper drug allegedly administered incorrectly; the name of each and every test the defendant(s) failed to take or administer; the name of each and every test the defendant(s) improperly took or administered and the manner in which each said test was improperly taken or administered.

15 13. If plaintiff claims that defendant(s) improperly performed a physical examination or performed a contraindicated procedure and/or unnecessary procedure, state: (a) (b) (c) in what manner the physical examination was improperly performed; the name of the surgical procedure and the date performed; in what manner the surgical procedures were improperly performed. 14. State the injuries which plaintiff alleges she sustained as a result of the alleged negligence and/or medical malpractice of the defendant(s). 15. State which of the injuries listed above are claimed to be permanent. 16. If it will be claimed that the alleged injuries required hospitalization state the name of each and every hospital with dates of confinement or outpatient treatment. 17. If it will be claimed that the alleged injuries required confinement to bed or home state the period plaintiff was confined to bed, and period plaintiff was confined to her home. 18. State separately the total amounts claimed by the plaintiff as special damages for each of the following: (a) (b) (c) (d) physicians' services (with the names and addresses of treating physicians); nurses' services (including names and addresses of private duty nurse or agency); medicine (with name and address of pharmacy); hospital expenses (with the names and addresses of all hospitals). 19. If loss of earnings will be claimed to have resulted from the alleged malpractice set forth:

16 (a) (b) (e) (d) (e) (f) the amount of lost earnings claimed; the plaintiffs gross eamings for the last calendar year prior to the alleged negligence; the plaintiffs gross earnings for any calendar year during which it will be claimed plaintiff was incapacitated from work; other income the plaintiff was receiving; name and address of employer(s) at the time plaintiff was incapacitated; name of present employer and occupation, if different from 19(e). 20. If it will be claimed that plaintiff lost profits from a business or enterprise as a result of the defendant's negligence, state the following: (a) (b) (c) (d) name of business and address; state plaintiffs ownership capacity and interest in business; state amount of profits and/or revenues plaintiff claims were lost as a result of defendant's negligence; state amount of net profit recorded by business in the two years prior to the alleged negligence. 21. State whether or not plaintiff has been reimbursed for physician and/or hospital expenses. (a) (b) If the answer is in the affirmative, state for which such claims plaintiff has been reimbursed, the amount of reimbursement received for each element of special damages and the name of the person, firm or organization who made such reimbursement. If such reimbursement was made by an insurance company, state the number of the policy under which paid. 22. State the date of birth and present address of plaintiff. 23. Set forth the Social Security number of the plaintiff.

17 24. Set forth by Chapter, Article, Section and Paragraph each and every statute, regulation or ordinance, if any, which it is claimed the defendant violated. 25. Set forth what sections and subdivisions of 2801-d of the Public Health Law it is alleged this defendant violated. 26. If a violation of section 2801-d of the Public Health Law is claimed, specify the specific right or benefit that the patient was allegedly deprived of. 27. State in which way the defendant(s) violated said right. 28. State the injuries suffered as a result of the alleged violation. 29. State how the alleged injuries were caused by a violation of said rights. 30. State how long said alleged violation existed, providing specific dates. 31. If actual notice or constructive notice is claimed: (a) (b) (c) If actual notice, a statement of when given, by whom given, to whom given and where given. If constructive notice is claimed, the length of time the condition complained of existed. the nature of the defect alleged to have contributed to the incident in question; 32. If a derivative claim for loss of service is asserted by plaintiffs spouse, provide the following particulars: (a) (b) (c) (d) the date of the marriage; state whether plaintiff-decedent and plaintiffs spouse were living together as husband and wife as of the date of the accident; the usual business or occupation of the plaintiff-decedent's spouse, including the name and address of each employer, if employed outside the home; the basis for the claim of loss of service, separately specifying each component thereof;

18 (e) (f) (g) an itemized statement of all monetary sums claimed as part of the loss of services claim; an itemized statement of all future monetary damages claimed as part of the loss of services cause of action; and identify and state each element of the plaintiffs spouse loss of services claim which it is claimed is a permanent condition. following: 33. If it is claimed that answering defendant(s) caused decedent's death, set forth the (a) (b) (c) (d) (e) (f) (g) (h) The date of death. The place of death. The cause of death which plaintiff(s) will claim at the time of trial. Was an autopsy performed? If so, set forth the date and place where autopsy was performed. The name and address of the last treating physician. The name and address of the physician who signed the death certificate. The decedent's address at the time of death. The decedent's date of birth. 34. Set forth: (a) (b) (c) (d) The name, address, age, and the affinity to decedent of each person who it is claimed was dependent upon decedent for support at the time of death. 35. Set forth the names, addresses and dates of birth for plaintiff-decedent's children

19 36. State: (a) (b) (c) The date, place of decedent's birth, and the decedent's name at birth. 37. If any loss of support is claimed, set forth the following: (a) If the decedent was employed immediately prior to death: (1) the decedent's annual salary; (2) the name, and (3) address of the employer. (b) (c) (d) (e) (f) (g) The decedent's occupation. The decedent's gross earnings for the last year worked prior to death. The amount contributed by decedent to the support of each of the above-named dependents in the last full year prior to death. The yearly earnings which, if will be claimed, have been lose as a result of decedent's death. The last date decedent worked prior to death. If the decedent was self-employed in whole or in part: (1) The nature of such self-employment, and (2) The earnings of such self-employment for the last year worked prior to death. 38. Set forth any additional pecuniary loss which will be claimed as a result of the alleged wrongful death. 39. If any special damages are claimed as a result of decedent's death, set forth, including but not limited to, the following:

20 (a) (b) (c) (d) (e) The charges for the above-named hospitals, separately listing each hospital bill. Physicians' charges. Nursing charges. Charges for medicine. Funeral expenses, including: (1) the name, (2) the address of the funeral home, and (3) the place of final interment. 40. With respect to plaintiffs claims for lack of supervision, set forth: (a) (b) (c) Dated: Islandia, New York February 23, 2016 the names of any defendants, residents, physicians assistants, nurse practitioners, nurses and CNAs whom it is claim were not qualified to render care to plaintiff-decedent; the manner in which defendants failed to properly return and/or credential said providers or any other person who provided care to plaintiff-decedent; and the manner in which defendants failed to supervise those health providers involved in the care of plaintiff-decedent. Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant EXCEL AT WOODBURY EOR REHABILITATION AND NURSING, LLC One CA Plaza, Suite 225 Islandia, New York By GREG MONDELLI LJAA File No.:

21 TO: MALLILO & GROSSMAN Attorneys for Plaintiff Northern Boulevard Flushing, New York PLAINVIEW HOSPITAL Defendant Pro Se 888 Old Country Road Plain view, New York 11803

22 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X ROBERT A. SHER, as Administrator of the Estate of SALLY SHER, deceased, -against- Plaintiff, ECF File Index No.: /2016 NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC, PLAINVIEW HOSPITAL, NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM, INC. and NORTHWELL HEALTH, INC., SIRS: Defendants. -X PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, the testimony upon oral examination of the plaintiff and co-defendant and distributees whose address is c/o Mallilo & Grossman, Northern Boulevard, Flushing, New York 11358, as a party to this action will be taken before a Notary Public who is not an attorney, or employee of an attorney, for any party or prospective party herein and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein, at the offices of LEWIS JOHS AVALLONE AVILES, LLP, One CA Plaza, Suite 225, Islandia, New York 11749, on the 23'^'' day of May, 2016, at 10:00 o'clock in the forenoon of that day with respect to evidence material and necessary in the defense of this action. That the said person to be examined is required to produce at such examination the following:

23 All pertinent records, x-rays, correspondence and file materials pertaining to this case. Dated: Islandia, New York February 23, 2016 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC One CA Plaza, Suite 225 Islandia, New York ^1^01 By. / GREG MONDELLI LJAA File No.: TO: MALLILO & GROSSMAN Attorneys for Plaintiff Northern Boulevard Flushing, New York PLAINVIEW HOSPITAL Defendant Pro Se 888 Old Country Road Plainview, New York 11803

24 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X ECF File ROBERT A. SHER, as Administrator of the Estate of Index No.: /2016 SALLY SHER, deceased, against Plaintiff, EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC, PLAINVIEW HOSPITAL, NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM, INC. and NORTHWELL HEALTH, INC., DEMAND FOR DISCLOSURE AS TO MEDICARE, SDI/SSI AND/OR MEDICAID INFORMATION SIRS: Defendants. X PLEASE TAKE NOTICE, that pursuant to the requirements of Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (42 U.S.C. 1395y(b)(7) and (b)(8)), defendant, EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC, demands that plaintiff provide the following information within twenty (20) days of the date hereof: a) The plaintiffs date of birth and gender; b) The plaintiffs social security number; c) Whether plaintiff has applied for or is receiving Medicare or Medicaid benefits and the address of the office handling the plaintiffs Medicare or Medicaid file; (1) If plaintiff is receiving Medicare benefits through a Medicare Advantage Plan, state the name of the entity issuing the Plan an and the address of the office handling the plaintiffs Medicare Advantage Plan benefits; d) Whether plaintiff has applied for or is receiving SSI or SSDI benefits in connection with any accident or illness which is the subject of this litigation, and include the address of the office handling the plaintiffs SSI and/or SSDI file;

25 e) Whether plaintiff has been diagnosed with or is being treated for end-stage renal failure attributable or related to any accident or illness which is the subject of this litigation; f) Whether any application for said Medicare, Medicaid, SSI, SSDI and/or Medicare Advantage Plan benefits has been denied; g) Whether plaintiff has appealed or intends to appeal from any denial of said Medicare, Medicaid, SSI, SSDI or Medicare Advantage Plan benefits; h) The identification number or beneficiary number (HICN) issued to the plaintiff for Medicare or other federal governmental benefits; (1) If plaintiff has a Medicare Advantage Plan, state the identification number or beneficiary number issued to the plaintiff for benefits; i) State whether Medicare and/or Medicaid and/or a Medicare Advantage Plan has a lien and if so, state the amount; j) Provide copies of documents, records, memoranda, notes, etc. in plaintiffs possession pertaining to receipt of Medicare, Social Security Disability, Medicaid and/or Medicare Advantage Plan benefits, including copies of all documents provided to or received from Medicare, Social Security Disability, Medicaid and/or Medicare Advantage Plan administrators; k) Provide copies of any claim summary documents from CMS, Medicare, Medicaid and/or a Medicare Advantage Plan; 1) If plaintiff has not received Medieare, Social Security Disability and/or Medicaid benefits in the past or is not receiving Medieare, Social Security Disability and/or Medicaid benefits now, state whether plaintiff is eligible to receive said benefits; m) If plaintiff was receiving Medicare, Social Security Disability Medicaid and/or Medicare Advantage Plan benefits and is now deceased, please provide the following: 1. Relationship of the administrator of the estate to the decedent; 2. Name and address of administrator; 3. Telephone number and address of administrator; 4. Social Security number of Administrator;

26 5. An authorization to examine and copy deceased's Medicare, Social Security Disability, Medicaid and/or Medicare Advantage Plan records. PLEASE TAKE FURTHER NOTICE, that defendant, EXCEL AT WOODBURY FOR REHABILITATIGN AND NURSING, LLC, demands that plaintiff furnish the following within twenty (20) days of the date hereof: 1. HIPAA compliant authorizations bearing the date of birth and Social Security or HICN number permitting the undersigned to obtain copies of all documents contained in the files and records of the United States Department of Health and Human Services, or any attorney or agent acting on behalf of plaintiff relating, to plaintiffs application for and receipt of: Medicare or Medicare benefits, and/or Supplemental Security Income (SSI) or Social Security Disability Income (SSDI) benefits, including documents relating to the denial of any of said benefits and any appeal taken from the denial of any of said benefits. 2. If plaintiff has a Medicare Advantage Plan, HIPAA compliant authorizations bearing the date of birth and Social Security and Identification numbers permitting the undersigned to obtain copies of all documents contained in the files and records of the Medicare Advantage Plan, or any attorney or agent acting on behalf of plaintiff relating, to plaintiffs application for and receipt of Medicare Advantage Plan benefits, including documents relating to the denial of any of said benefits and any appeal taken from the denial of any of said benefits. All authorizations for the release of medical records must be in the proper format, in full compliance with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) and contain the following statement: "this authorization will remain in effect up to the conclusion of my court case."

27 PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing demands. In the event that any of the above items are obtained or received after service of these demands, supplemental responses and/or authorizations should be furnished to the undersigned. PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with the foregoing demands an application will be made to the court for appropriate relief. Dated: Islandia, New York February 23, 2016 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC One CA Plaza, Suite 225 Islandia, New York A- By GREG MONDELLI LJAA File No.: TO: MALLILO & GROSSMAN Attorneys for Plaintiff Northern Boulevard Flushing, New York PLAINVIEW HOSPITAL Defendant Pro Se 888 Old Country Road Plainview, New York 11803

28 SUPREME COURT OE THE STATE OE NEW YORK COUNTY OF QUEENS X ECF File ROBERT A. SHER, as Administrator of the Estate of Index No.: /2016 SALLY SHER, deceased, -against- Plaintiff, COMBINED DEMANDS EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC, PLAINVIEW HOSPITAL, NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM, INC. and NORTHWELL HEALTH, INC., SIRS: Defendants. X PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, the defendant, EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC, hereby demands that you furnish the undersigned attorney for the aforesaid defendant within twenty (20) days of service of this Notice: 1. STATEMENTS: Copies of all written or verbal statements, whether signed or otherwise, including but not limited to audio and/or video tape recordings of the defendants, the agents, servants or employees of the defendants, or a notice or letter stating that you have no such statements. 2. REPORTS AND AUTHORIZATIONS: Copies of all existing and future reports of all physicians who have treated or examined the plaintiff in connection with the injuries for which recovery is sought (see Honig v. Westphal 52 N.Y.2d 605 (1981); duly executed and acknowledged authorizations permitting the defendant(s) to obtain and copy all hospital records, x-ray reports, physicians' records, radiological films and all other records referred to in any physicians' report.

29 All authorizations for the release of medical records must be in the proper format, in full compliance with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) and contain the following statement: "this authorization will remain in effect up to the conclusion of my court case." 3. PHOTOGRAPHS. The defendant demands copies of all photographs, videotapes, drawings, of the plaintiffs injuries which plaintiff intends to show to the jury. FAILURE TO PRODUCE THESE EXHIBITS WILL RESULT IN A PRECLUSION MOTION AT THE TIME OF TRIAL. 4. Pursuant to CPLR 4545, the undersigned demands that you forward to this office, copies of all insurance documents including insurance policies, employment benefits books and memoranda in your possession or in the possession of your clients concerning the costs of medical care, custodial care, or rehabilitation services, loss of earnings or other economic loss which was replaced or indemnified, in whole or in part, from any collateral source such as insurance. Social Security (except those benefits provided under Title XVIII of the Social Security Act), Workers Compensation or employee benefit programs, except such collateral sources entitled by law to liens against recovery of the plaintiff. 5. Pursuant to the applicable Rules of the Appellate Division of the Supreme Court concerning the exchange of medical information, copies of all medical records, reports, diagnoses, prognoses, as well as hospital records, x-rays, charts and duly executed authorizations to examine any and all of the aforementioned. 6. Pursuant to Section 3101(e) of the CPLR, a copy of any statement given by or on behalf of any answering defendant serving this demand.

30 7. Pursuant to Rule 3120 of the CPLR, a complete copy of the plaintiff's employment and/or school records for the two years prior and subsequent to the alleged occurrence, and a duly executed authorization allowing the obtaining of the aforementioned. 8. Name and address of any witness known to the plaintiffs or their attorney. 9. Pursuant to Rule 2103(e) of the CPLR, the names and addresses of each party and attorney appearing in this action. 10. True and complete copies of the Federal Tax Returns filed by plaintiffs for the three years prior to this action. UPON YOUR FAILURE TO COMPLY, the defendants shall rely on all sanctions provided by law and/or a Motion shall be made to the above Court for an Order directing compliance plus costs of this Motion. Dated: Islandia, New York February 23, 2016 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC One CA Plaza, Suite 225 Islandia, New York p.0101 Bv GREG MONDELLI LJAA File No.: TO: MALLILO & GROSSMAN Attorneys for Plaintiff Northern Boulevard Flushing, New York

31 PLAINVIEW HOSPITAL Defendant Pro Se 888 Old Country Road Plainview, New York 11803

32 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X ROBERT A. SHER, as Administrator of the Estate of SALLY SHER, deceased, -against- Plaintiff, ECF File Index No.: /2016 NOTICE FOR DISCOVERY AND INSPECTION EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC, PLAINVIEW HOSPITAL, NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM, INC. and NORTHWELL HEALTH, INC., SIRS: Defendants. -X PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the attorneys for the plaintiff are required to provide the following: 1. Death Certificate. 2. Letters Testamentary. 3. Autopsy report. 4. Health Care Proxy. 5. Power of Attorney. 6. Living Will. That such production and discovery will be made at the office of the undersigned, LEWIS JOHS AVALLONE AVILES, LLP, One CA Plaza, Suite 225, Islandia, New York 11749, on the 23'^'' day of March, 2016 at 10 o'clock in the forenoon of that day. This notice may otherwise be complied with by the service of duplicates of the demanded items upon the offices of the undersigned.

33 PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid information, a motion will be made for the appropriate relief to the Court. PLEASE TAKE FURTHER NOTICE, that a written communication enclosing the requested information may be sent prior to the above-mentioned time in lieu of a personal appearance on the above date. Dated; Islandia, New York February 23, 2016 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC One CA Plaza, Suite 225 Islandia, New York By_ GREG MONDELLI LJAA File No.: TO: MALLILO & GROSSMAN Attorneys for Plaintiff Northern Boulevard Flushing, New York PLAINVIEW HOSPITAL Defendant Pro Se 888 Old Country Road Plainview, New York 11803

34 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X ECF File ROBERT A. SHER, as Administrator of the Estate of Index No.: /2016 SALLY SHER, deceased, -against- Plaintiff, EXPERT WITNESS DEMAND EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC, PLAINVIEW HOSPITAL, NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM, INC. and NORTHWELL HEALTH, INC., SIRS: Defendants. X PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR and Jasopersaud v. Rho. 572 N.Y.S.2d 700 (2nd Dept. 1991), defendant demands that you furnish to the undersigned within twenty (20) days the following disclosure: For each and every person the plaintiff(s) expect to call as an expert at trial, please disclose in reasonable detail the qualifications of each such expert, including the following: la. lb. Where did the expert attend medical school and when did he/she graduate? Did the expert attend internship, residency and/or fellowship programs? If so, where and when? Ic. Id. le. Does the expert specialize in any areas of medicine? If so, please specify. Is the expert Board Certified in any areas of medicine? If so, please specify, Is the expert licensed to practice medicine in the United States? If so. where and when was he/she licensed? to testify. 2. Disclose in reasonable detail the subject matter on which each expert is expected

35 3. Disclose in reasonable detail the substance of the facts and opinions on which each expert is expected to testify. 4. Disclose in reasonable detail a summary of the grounds for each expert's opinion. PLEASE TAKE NOTICE, that your failure to provide this information will result in a motion at trial to preclude any expert witness testify. This is a continuing demand and pursuant to an earlier, pre-certification demand. The certification of this action does not waive defendant's right to obtain this information. Dated: Islandia, New York February 23, 2016 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC One CA Plaza, Suite 225 Islandia, New York ByA GREG MONDELLI LJAA File No.: TO: MALLILO & GROSSMAN Attorneys for Plaintiff Northern Boulevard Flushing, New York PLAINVIEW HOSPITAL Defendant Pro Se 888 Old Country Road Plainview, New York 11803

36 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X ROBERT A. SHER, as Administrator of the Estate of SALLY SHER, deceased. -against- Plaintiff, ECF File Index No.: /2016 NOTICE TO PRODUCE COLLATERAL SOURCE PURSUANT TO CPLR 4545(a) EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC, PLAINVIEW HOSPITAL, NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM, INC. and NORTHWELL HEALTH, INC., Defendants. SIRS: -X PLEASE TAKE NOTICE, that if any claim is made by plaintiff to recover for the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss, defendants demand that plaintiff produce the following within twenty days from receipt of this notice: (1) Identify any collateral source that reimbursed, replaced or indemnified or will reimburse, replace or indemnify in whole or in part the cost of the items set forth above; (2) Furnish copies of any contracts, agreements or policies or other documents which provide for reimbursement, replacement or indemnification in whole or in part for the costs of the items set forth above by a collateral source; and (3) Furnish authorizations directing the release of all records pertaining to the reimbursement, replacement or indemnification of the costs of the items set forth above by collateral sources.

37 PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the event any of the above items is obtained after service hereof, it is to be immediately furnished to this office. PLEASE TAKE FURTHER NOTICE, that upon your failure to produce, identify, state and/or provide the aforesaid items at the time and place required in this request, a motion will be made for the appropriate relief to this Court. Dated: Islandia, New York February 23, 2016 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC One CA Plaza, Suite 225 Islandia, New York By GREG MONDELLI LJAA File No.: TO: MALLILO & GROSSMAN Attorneys for Plaintiff Northern Boulevard Flushing, New York PLAINVIEW HOSPITAL Defendant Pro Se 888 Old Country Road Plainview, New York 11803

38 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X ECF File ROBERT A. SHER, as Administrator of the Estate of Index No.: /2016 SALLY SHER, deceased, -against- Plaintiff, ECONOMIC EXPERT WITNESS DEMAND EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC, PLAINVIEW HOSPITAL, NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM, INC. and NORTHWELL HEALTH, INC., S IRS: Defendants. X PLEASE TAKE NOTICE, that pursuant to CPLR Section 3101(d), the undersigned hereby demands the following: 1. State the names, addresses and qualifications of each economic expert witness expected to testify, including: 2. As to each economic expert, state the subject matter on which the economic expert is expected to testify, including: (a) (b) (c) (d) (e) Specific description of the losses for which calculation will be made by the witness (i.e.) present value of the loss of future earnings, present value of loss of second job earnings, present value of future medical expenses, etc.) The undiscounted amount of such loss. The present value of the dollar amount of such loss. The discount rate applied by such person to determine present value and the basis for such rate. The substance of the facts and opinions to which each economic expert is expected to testify other

39 than as may be set forth in the paragraphs above including the opinions and facts upon which an estimated growth rate of future income is based. Dated; Islandia, New York February 23, 2016 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant EXCEL AT WOODBURY FOR REHABILITATION AND NURSING, LLC One CA Plaza, Suite 225 Islandia, New York L. By J GREG MONDELLI LJAA File No.: TO: MALLILO & GROSSMAN Attorneys for Plaintiff Northern Boulevard Flushing, New York PLAINVIEW HOSPITAL Defendant Pro Se 888 Old Country Road Plainview, New York 11803