FILED: NEW YORK COUNTY CLERK 03/21/ :36 PM INDEX NO /2013 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/21/2016 EXHIBIT A

Transcription

1 FILED: NEW YORK COUNTY CLERK 03/21/ :36 PM INDEX NO /2013 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 03/21/2016 EXHIBIT A

2 FILED: NEW YORK COUNTY CLERK 05/31/2013] NYSCEF DOC, NO. 1 INDEX NO /2013 RECEIVED NYSCEF: 05/31/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK an Infant, by Her Mother and Natural Guardian, CHRISTINE NEW, Plaintiffs, X Index No.: Date Purchased: Plaintiff designates New York County as the place of trial. -against- KAREN GRONAU, M.D., DAVID SEUBERT, M.D., HEIDI S. ROSENBERG, M.D., CARMIT ARCHIBALD, M.D., JOHN WIRTH, M.D., AUTUMN EDENFIELD, M.D., CITYSCAPE OB/GYN, P.L.L.C., and NYU LANGONE MEDICAL CENTER, SUMMONS The basis of venue is Defendants' Place of Business Defendants. JURY TRIAL DEMANDED To the above-named Defendant(s): 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 Plaintiff's Attorney within twenty (20) days after service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in 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 'Y'ork, New York May 28, 2013 Defendants: KAREN GRONAU, M.D. do Cityscape OB/GYN, P.L.L.C. 150 East 32" Street, 4th Floor ffrey A Guzman RENT EL & G, LLP 1' Ba ry Place, Su 4 New York, New York (212)

3 KAREN GRONAU, M.D. 150 East 32nd Street, Suite 101 DAVID SEUBERT, M.D. 530 First Avenue, Suite 7V HEIDI S. ROSENBERG, M.D. c/o Cityscape OB/GYN, P.L.L.C. 150 East 32nd Street, 4th Floor CARMIT ARCHIBALD, M.D. c/o Cityscape OB/GYN, P.L.L.C East 32nd Street, 4th Floor JOHN WIRTH, M.D. 225 Broadway, Suite 901 New York, NY AUTUMN EDENFIELD, M.D. 550 First Avenue AUTUMN EDENFIELD, M.D. c/o Harris & Smith OB/GYN 5324 McFarland Road, Suite 300 Durham, NC AUTUMN EDENFIELD, M.D Trent Drive Durham, NC CITYSCAPE OB/GYN, P.L.L.C. 150 East 32nd Street, 4th Floor NYU LANGONE MEDICAL CENTER 550 First Avenue

4 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HOE Na, an Infant, by Her Mother and Natural Guardian, CHRISTINE NEW, Plaintiffs, Index No.: VERIFIED COMPLAINT -against- KAREN GRONAU, M.D., DAVID SEUBERT, M.D., HEIDI S. ROSENBERG, M.D., CARMIT ARCHIBALD, M.D., JOHN WIRTH, M.D., AUTUMN EDENFIELD, M.D., CITYSCAPE OB/GYN, P.L.L.C., and NYU LANGONE MEDICAL CENTER, Defendants. X The Plaintiffs, HALEY NEW, an Infant, by Her Mother and Natural Guardian, CHRISTINE NEW, for their Verified Complaint against the Defendants, by their attorneys, KRENTSEL & GUZMAN, LLP, set forth and alleges the following, upon information and belief, as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. Plaintiffs, HIMIli Nor and CHRISTINE NEW, are residents of the County of Richmond, State of New York. 2. That at all times herein mention, the Plaintiff, CHRISTINE NEW, was and still is the Mother and Natural Guardian of the infant Plaintiff, Ear N. 3. Defendant, KAREN GRONAU, M.D. (hereinafter referred to as "GRONAU"), was and is a doctor of medicine duly licensed to practice medicine in the State of New York. 4. Defendant, GRONAU, was, on or about February 13, 2008 and continuing through to and including October 15, 2008, a licensed practicing Obstetrician/Gynecologist

5 located at 150 East 32' StFeet, New York, New York. 5. Defendant, GRONAU, did and at all times hereinafter mentioned does maintain her practice at 150 East 32' Street, New York, New York, amongst other locations. 6. Defendant, GRONAU, was and is an attending physician with admitting privileges at Defendant, CITYSCAPE OB/GYN, P.L.L.C., amongst other locations. 7. Defendant, GRONAU, was and is an attending physician with admitting privileges at Defendant, NYU LANGONE MEDICAL CENTER, amongst other locations. 8. Defendant, GRONAU, held herself out to be a physician duly qualified and competent to render requisite medical, surgical care and treatment and/or obstetrical/gynecological care to the public at large and, more particularly, to the Plaintiffs named herein. 9. Defendant, GRONAU, undertook and agreed to render medical, surgical care and treatment and/or obstetrical and gynecological care to the Plaintiffs. 10. Defendant, GRONAU, negligently, recklessly and carelessly rendered medical care and treatment to the Plaintiffs on or about February 13, 2008 and continuing through to and including October 15, At all times herein mentioned, the Plaintiffs were patients under the professional care and treatment of Defendant, GRONAU. 12. Defendant, GRONAU, was negligent, careless and reckless in prescribing medicine, medical, surgical care and treatment and/or obstetrical and gynecological care rendered to the Plaintiffs. 13. Defendant, GRONAU, was negligent, careless and reckless in supervising the prescription of medicine, medical, surgical care and treatment and/or obstetrical and

6 gynecological care rendered to the Plaintiffs. 14. The treatment rendered by defendant, GRONAU, was not in accord with good and acceptable standards of medical, surgical care and treatment and/or obstetrical and gynecological care. 15. As a result of the negligence, recklessness and carelessness of Defendant, GRONAU, and without any want of care on the part of the Plaintiffs herein named, the infant Plaintiff suffered grave bodily injury, complications related thereto, need for additional surgery and treatment, and mental anguish. 16. Defendant, DAVID SEUBERT, M.D. (hereinafter referred to as "SEUBERT"), was and is a doctor of medicine daily licensed to practice medicine in the State of New York. 17. Defendant, SEUBERT, was, on or about February 13, 2008 and continuing through to and including October 15, 2008, a licensed practicing Obstetrician/Gynecologist located at 530 First Avenue, New York, New York. 18. Defendant, SEUBERT, did and at all times hereinafter mentioned does maintain his practice at 530 First Avenue, New York, New York, amongst other locations. 19. Defendant, SEUBERT, was and is an attending physician with admitting privileges at Defendant, CITYSCAPE OB/GYN, P.L.L.C., amongst other locations. 20. Defendant, GRONAU, was and is an attending physician with admitting privileges at Defendant, NYU LANGONE MEDICAL CENTER, amongst other locations. 21. Defendant, SEUBERT, held himself out to be a physician duly qualified and competent to render requisite medical, surgical care and treatment and/or obstetrical/gynecological care to the public at large and, more particularly, to the Plaintiffs named herein.

7 22. Defendant, SEUBERT, undertook and agreed to render medical, surgical care and treatment and/or obstetrical and gynecological care to the Plaintiffs. 23. Defendant, SEUBERT, negligently, recklessly and carelessly rendered medical care and treatment to the Plaintiffs on or about February 13, 2008 and continuing through to and including October 15, At all times herein mentioned, the Plaintiffs were patients under the professional care and treatment of Defendant, SEUBERT. 25. Defendant, SEUBERT, was negligent, careless and reckless in prescribing medicine, medical, surgical care and treatment and/or obstetrical and gynecological care rendered to the Plaintiffs. 26. Defendant, SEUBERT, was negligent, careless and reckless in supervising the prescription of medicine, medical, surgical care and treatment and/or obstetrical and gynecological care rendered to the Plaintiffs. 27. The treatment rendpred by defendant, SEUBERT, was not in accord with good and acceptable standards of medical, surgical care and treatment and/or obstetrical and gynecological care. 28. As a result of the negligence, recklessnes and carelessness of Defendant, SEUBERT, and without any want of care on the part of the Plaintiffs herein named, the infant Plaintiff suffered grave bodily injury, complications related thereto, need for additional surgery and treatment, and mental anguish. 29. Defendant, HEIDI S. ROSENBERG, M.D. (hereinafter referred to as "ROSENBERG"), was and is a doctor of medicine duly licensed to practice medicine in the State of New York.

8 30. Defendant, ROSENBERG, was, on or about February 13, 2008 and continuing through to and including October 15, 2008, a licensed Practicing ObstetricianuiGynecologist located at 150 East 32nd Street, New York, New York. 31. Defendant, ROSENBERG, did and at all times hereinafter mentioned does maintain her practice at 150 East 32'd Street, New York, New York, amongst other locations. 32. Defendant, ROSENBERG, was and is an attending physician with admitting privileges at Defendant, CITYSCAPE OB/GYN, P.L.L.C., amongst other locations. 33. Defendant, ROSENBERG, was and is an attending physician with admitting privileges at Defendant, NYU LANGONE MEDICAL CENTER, amongst other locations. 34. Defendant, ROSENBERG, held herself out to be a physician duly qualified and competent to render requisite medical, surgical care and treatment and/or obstetrical/gynecological care to the public at large and, more particularly, to the Plaintiffs named herein. 35. Defendant, ROSENBERG, undertook and agreed to render medical, surgical care and treatment and/or obstetrical and gynecological care to the Plaintiffs. 36. Defendant, ROSENBERG, negligently, recklessly and carelessly rendered medical care and treatment to the Plaintiffs on or about February 13, 2008 and continuing through to and including October 15, At all times herein mentioned, the Plaintiffs were patients under the professional care and treatment of Defendant, ROSENBERG. 38. Defendant, ROSENBERG, was negligent, careless and reckless in prescribing medicine, medical, surgical care and treatment and/or obstetrical and gynecological care rendered to the Plaintiffs.

9 39. Defendant, ROSENBERG, was negligent, careless and reckless in supervising the prescription of medicine, medical,'-surgical care and treatment and/or obstetrical and gynecological care rendered to the Plaintiffs. 40. The treatment rendered by defendant, ROSENBERG, was not in accord with good and acceptable standards of medical, surgical care and treatment and/or obstetrical and gynecological care. 41. As a result of the negligence, recklessness and carelessness of Defendant, ROSENBERG, and without any want of care on the part of the Plaintiffs herein named, the infant Plaintiff suffered grave bodily injury, complications related thereto, need for additions' surgery and treatment, and mental anguish. 42. Defendant, CARMIT ARCHIBALD, M.D. (hereinafter referred to as "ARCHIBALD"), was and is a doctor of medicine duly licensed to practice medicine in the State of New York. 43. Defendant, ARCHIBALD, was, on or about February 13, 2008 and continuing through to and including October 15, 2008, a licensed practicing Obstetrician/Gynecologist located at 150 East 32nd Street, New York, New York. 44. Defendant, ARCHIBALD, did and at all times hereinafter mentioned does maintain her practice at 150 East 32nd Street, New York, New York, amongst other locations. 45. Defendant, ARCHIBALD, was and is an attending physician with admitting privileges at Defendant, CITYSCAPE OB/GYN, P.L.L.C., amongst other locations. 46. Defendant, ARCHIBALD, was and is an attending physician with admitting privileges at Defendant, NYU LANGONE MEDICAL CENTER, amongst other locations. 47. Defendant, ARCHIBALD, held herself out to be a physician duly qualified and

10 competent to render requisite medical, surgical care and treatment and/or obstetrical/gynecological care to the public at large and, more particularly, to the Plaintiffs named herein. 48. Defendant, ARCHIBALD, undertook and agreed to render medical, surgical care and treatment and/or obstetrical and gynecological care to the Plaintiffs. 49. Defendant, ARCHIBALD, negligently, recklessly and carelessly rendered medical care and treatment to the Plaintiffs on or about February 13, 2008 and continuing through to and including October 15, At all times herein mentioned, the Plaintiffs were patients under the professional care and treatment of Defendant, ARCHIBALD. 51. Defendant, ARCHIBALD, was negligent, careless and reckless in prescribing medicine, medical, surgical care and treatment and/or obstetrical and gynecological care rendered to the Plaintiffs. 52. Defendant, ARCHIBALD, was negligent, careless and reckless in supervising the prescription of medicine, medical; surgical care and treatment and/or obstetrical and gynecological care rendered to the Plaintiffs. 53. The treatment rendered by defendant, ARCHIBALD, was not in accord with good and acceptable standards of medical, surgical care and treatment and/or obstetrical and gynecological care. 54. As a result of the negligence, recklessness and carelessness of Defendant, ARCHIBALD, and without any want of care on the part of the Plaintiffs herein named, the infant Plaintiff suffered grave bodily injury, complications related thereto, need for additional surgery and treatment, and mental anguish.

11 55. Defendant, JOHN WIRTH, M.D. (hereinafter referred to as "WIRTH"), was and is a doctor of medicine duly licensed to practice medicine in the State of New York. 56. Defendant, WIRTH, was, on or about February 13, 2008 and continuing through to and including October 15, 2008, a licensed practicing Obstetrician/Gynecologist located at 225 Broadway, New York, New York. 57. Defendant, WIRTH, did and at all times hereinafter mentioned does maintain his practice at 225 Broadway, New York, New York, amongst other locations. 58. Defendant, WIRTH, was and is an attending physician with admitting privileges at Defendant, CITYSCAPE OB/GYN, P.L.L.C., amongst other locations. 59. Defendant, WIRTH, was and is an attending physician with admitting privileges at Defendant, NYU LANGONE MEDICAL CENTER, amongst other locations. 60. Defendant, WIRTH, held himself out to be a physician duly qualified and competent to render requisite medical, surgical care and treatment and/or obstetrical/gynecological care to the public at large and, more particularly, to the Plaintiffs named herein. 61. Defendant, WIRTH, undertook and agreed to render medical, surgical care and treatment and/or obstetrical and gynecological care to the Plaintiffs. 62. Defendant, WIRTH, negligently, recklessly and carelessly rendered medical care and treatment to the Plaintiffs on ór about February 13, 2008 and continuing through to and including October 15, At all times herein mentioned, the Plaintiffs were patients under the professional care and treatment of Defendant, WIRTH. 64 Defendant, WIRTH, was negligent, careless and reckless in prescribing medicine,

12 medical, surgical care and treatment and/or obstetrical and gynecological care rendered to the Plaintiffs. 65. Defendant, WIRTH, was negligent, careless and reckless in supervising the prescription of medicine, medical, surgical care and treatment and/or obstetrical and gynecological care rendered to the Plaintiffs. 66. The treatment rendered by defendant, WIRTH, was not in accord with good and acceptable standards of medical, surgical care and treatment and/or obstetrical and gynecological care. 67. As 'a result of the negligence, recklessness and carelessness of Defendant, WIRTH, and without any want of care on the part of the Plaintiffs herein named, the infant Plaintiff suffered grave bodily injury, complications related thereto, need for additional surgery and treatment, and mental anguish. 68. Defendant, AUTUMN EDENFIELD, M.D. (hereinafter referred to as "EDENFIELD"), was and is a doctor of medicine duly licensed to practice medicine in the State of New York. 69. Defendant, EDENFIELD, was, on or abdut February 13, 2008 and continuing through to and including October 15, 2008, a licensed practicing Obstetrician/Gynecologist located at 550 First Avenue, New York, New York. 70_ Defendant, EDENFIELD, did and at all times hereinafter mentioned does maintain her practice at 550 First Avenue, New York, New York, amongst other locations. 71. Defendant, EDENFIELD, was and is an attending physician with admitting privileges at Defendant, CITYSCAPE OB/GYN, P.L.L.C., amongst other locations. 72. Defendant, EDENFIELD, was and is an attending physician with admitting

13 privileges at Defendant, NYU LANGONE MEDICAL CEN ER, amongst other locations. 73. Defendant, EDENFIELD, held herself out to be a physician duly qualified and competent to render requisite medical, surgical care and treatment and/or obstetrical/gynecological care to the public at large and, more particularly, to the Plaintiffs named herein. 74. Defendant, EDENFIELD, undertook and agreed to render medical, surgical care and treatment and/or obstetrical and gynecological care to the Plaintiffs. 75. Defendant, EDENFIELD, negligently, recklessly and carelessly rendered medical care and treatment to the Plaintiffs on or about February 13, 2008 and continuing through to and including October 15, At all times herein mentioned, the Plaintiffs were patients under the professional care and treatment of Defendant, EDENFIELD. 77. Defendant, EDENFIELD, was negligent, careless and reckless in prescribing medicine, medical, surgical care and treatment and/or obstetrical and gynecological care rendered to the Plaintiffs. 78. Defendant, EDENFIELD, was negligent, careless and reckless in supervising the prescription of medicine, medicalo.surgical care and treatment and/or obstetrical and gynecological care rendered to the Plaintiffs. 79. The treatment rendered by defendant, EDENFIELD, was not in accord with good and acceptable standards of medical, surgical care and treatment and/or obstetrical and gynecological care. 80. As a result of the negligence, recklessness and carelessness of Defendant, EDENFIELD, and without any want of care on the part of the Plaintiffs herein named, the infant

14 Plaintiff suffered grave bodily injury, complications related thereto, need for additional surgery and treatment, and mental anguish. 81. This action falls within one or more of the exemptions set forth in CPLR As a result of the foregoing, the Plaintiffs have been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION 83. Plaintiffs repeat, reiterate and reallege each and every allegation contained in the FIRST CAUSE OF ACTION with the same force and effect as though more fully set forth herein at length. 84. That on or about February 13, 2008 and continuing through to and including October 15, 2008, Defendant, CITYSCAPE OB/GYN, P.L.L.C., was and still is accredited by the Joint Commission on the Accreditation of Hospitals, and was and still is located at 150 East 32nd Street, New York, New York. 85. Defendant, CITYSCAPE OB/GYN, P.L.L.C., was and is a domestic corporation, duly organized and existing under and by virtue of the laws of the State of New York. 86. Defendant, CITYSCAPE OB/GYN, P.L.L.C., was and is a duly licensed medical facility which is operated in accord with the laws and regulations of the State of New York with standards for hospitals as set forth by the Joint Commission on the Accreditation of Hospitals. 87. Defendant, CITYSCAPE OB/GYN, P.L.L.C., owned, operated, managed, maintained and controlled a medical facility which provided obstetrical and gynecological care, medical, surgical care and treatment as well as provided for the care of sick and ailing persons in New York.

15 88. Defendant, CITYSCAPE OB/GYN, P.L.L.C., had in its employ, and/or under its control doctors, emergency room physicians, obstetrical and gynecological specialists, orthopedic surgeons, nurses, neurologists, lab technicians, radiation technicians, x-ray technicians, surgeons and other staff necessary to provide patients with medical care and attention. 89. Defendant, CITYSCAPE OB/GYN, P.L.L.C., its agents, servants and/or employees held itself out as qualified and competent to render requisite prescription of medicine, medical, surgical care and treatment, and obstetrical and gynecological care and treatment to the public at large and, more particularly to the Plaintiffs named herein. 90. Defendant, CITYSCAPE OB/GYN, P.L.L.C., undertook and agreed to render medical and surgical care and obstetrical and gynecological care and treatment to Plaintiffs named herein on or about February 13, 2008 and continuing through to and including October 15, a 91. The treatment rendered by Defendant, CITYSCAPE OB/GYN, P.L.L.C., their agents, servants and/or employees was not in accord with good and acceptable standards of medical, surgical care and/or obstetrical and gynecological care. 92. Defendant, CITYSCAPE OB/GYN, P.L.L.C., its agents, servants and/or employees were negligent, careless and reckless in supervising the prescription of medicine, medical, surgical care and treatment and/or obstetrical and gynecological care rendered to the Plaintiffs. 93. Defendant, CITYSCAPE OB/GYN, P.L.L.C., its agents, servants and/or employees were negligent, careless and reckless in the prescription of medicine, and the rendering of medical, surgical care and treatment and/or obstetrical and gynecological care

16 rendered to the Plaintiff. 94. As a result of the negligence, recklessness and carelessness of Defendant, CITYSCAPE OB/GYN, P.L.L.C., their agents, servants and/or employees, and without any want of care on the part of the Plaintiffs, the infant Plaintiff suffered grave bodily injury, complications related thereto, need for additional surgery and treatment, and mental anguish. 95. This action falls within one or more of the exemptions set forth in CPLR As a result of the foregoing, the Plaintiffs have been damaged in a sum which exceeds the jurisdictional limits jail lower courts which would have jurisdiction. AS AND FOR A THIRD CAUSE OF ACTION 97. Plaintiffs repeat, reiterate and reallege each and every allegation contained in the FIRST and. SECOND CAUSES OF ACTION with the same force and effect as though more fully set forth at length. 98. That on or about February 13, 2008 and continuing through to and including October 15, 2008, Defendant, NYU LANGONE MEDICAL CENTER, was and still is accredited by the Joint Commission on the Accreditation of Hospitals, and was and still is located at 550 First Avenue, New York, New York. 99. Defendant, NYU LANGONE MEDICAL CENTER, was and is a domestic corporation, duly organized and existing under and by virtue of the laws of the State of New York Defendant, NYU LANGONE MEDICAL CENTER, was and is a duly licensed medical facility which is operated in accord with the laws and regulations of the State of New York with standards for hospitals as set forth by the Joint Commission on the Accreditation of Hospitals.

17 101. Defendant, NYU LANGONE MEDICAL CENTER, owned, operated, managed, maintained and controlled a medical facility which provided obstetrical and gynecological care, medical, surgical care and treatment as well as provided for the care of sick and ailing persons in New York Defendant, NYU LANGONE MEDICAL CENTER, had in its employ, and/or under its control doctors, emergency room physicians, obstetrical and gynecological specialists, orthopedic surgeons, nurses, neurologists, lab technicians, radiation technicians, x-ray technicians, surgeons and other staff necessary to provide patients with medical care and attention Defendant, NYU LANGONE MEDICAL CENTER, its agents, servants and/or employees held itself out as qualified and competent to render requisite prescription of medicine, medical, surgical care and treatment, and obstetrical and gynecological care and treatment to the public at large and, more particularly to the Plaintiffs named herein Defendant, NYU LANGONE MEDICAL CENTER, undertook and agreed to render medical and surgical care and obstetrical and gynecological care and treatment to Plaintiffs named herein on or about February 13, 2008 and continuing through to and including October 15, The treatment rendered by Defendant, NYU LANGONE MEDICAL CEN I ER, their agents, servants and/or employees was not in accord with good and acceptable standards of medical, surgical care and/or obstetrical and gynecological care Defendant, NYU LANGONE MEDICAL CENTER, its agents, servants and/or employees were negligent, careless and reckless in supervising the prescription of medicine, medical, surgical care and treatment and/or obstetrical and gynecological care rendered

18 to the Plaintiffs Defendant, NYU LANGONE MEDICAL CENTER, its agents, servants and/or employees were negligent, careless and reckless in the prescription of medicine, and the rendering of medical, surgical care and treatment and/or obstetrical and gynecological care rendered to the Plaintiff As a result of the negligence, recklessness and carelessness of Defendant, NYU LANGONE MEDICAL CENTER, their agents, servants and/or employees, and without any want of care on the part of the Plaintiffs, the infant Plaintiff suffered grave bodily injury, complications related thereto, need for additional surgety and treatment, and mental anguish This action falls within one or more of the exemptions set forth in CPLR As a result of the foregoing, the Plaintiffs have been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would have jurisdiction. AS AND FOR A FOURTH CAUSE OF ACTION 111. Plaintiffs repeat, reiterate and reallege each and every allegation contained in the FIRST, SECOND and THIRD CAUSES OF ACTION with the same force and effect as though more fully set forth at length Defendant, CITYSCAPE OB/GYN, P.L.L.C. and NYU LANGONE MEDICAL CENTER, prior to the granting and renewing of employment and association privileges of physicians, residents, nurses and others involved in the Plaintiffs' case, failed to investigate the qualifications, competence, capacity, abilities and capabilities of said staff including but not limited to, obtaining the following information; patient grievances, negative health care outcomes, incidents injurious to patients, medical malpractice actions commenced against said persons, including the outcome thereof, any history of investigations corrunenced against said

19 persons, including the outcome thereof, any history of associations, privileges and/or practice at other institutions, any discontinuation of said associations, employment, privileges and/or practice at other institutions, and any pending professional misconduct proceedings in the State or another State, the substance of the allegations in such proceedings and any additional information concerning such proceedings and the findings of the proceedings and, CITYSCAPE OB/GYN, P.L.L.C. and NYU LANGONE MEDICAL CENTER, failed to make sufficient inquiry of Defendants, and other institutions which would and did have information relevant to the capacity, capability, ability and competence of said persons rendering treatment Had Defendants, CITYSCAPE OB/GYN, P.L.L.C. and NYU LANGONE MEDICAL CENTER, made the above-stated inquiry or, in the alternative, had Defendants, CITYSCAPE OB/GYN, P.L.L.C. and NYU LANGONE MEDICAL CENTER, reviewed and analyzed the information obtained in a proper manner, qmployment would not have been granted and/or renewed By reason of the failure of Defendants, CITYSCAPE OB/GYN, P.L.L.C. and NYU LANGONE MEDICAL CENTER, to meet the aforementioned obligation, Plaintiffs were treated by doctors, nurses, technicians, and others who were lacking the requisite skills, abilities, competence and capacity, as a result of which the Plaintiffs sustained severe injuries and complications As a result of the negligence, recklessness and carelessness of Defendants, CITYSCAPE OB/GYN, P.L.L.C. and NYU LANGONE MEDICAL CENTER, and without any want of care on the part of the Plaintiffs herein named, the infant Plaintiff suffered grave bodily injury, complications related thereto, need for additional surgery and treatment, and mental anguish.

20 116. This action falls within one or more of the exemptions set forth in CPLR As a result of the foregoing, Plaintiffs have been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A FIFTH CAUSE OF ACTION 118. Plaintiffs repeat, reiterate and reallege each and every allegation contained in the FIRST, SECOND, THIRD and FOURTH CAUSES OF ACTION with the same force and effect as though more fully set forth herein at length Defendants failed to properly instruct the Plaintiff, CHRISTINE NEW, of all risks, benefits and alternatives to the treatment rendered, and administered and failed to obtain an Informed Consent for treatment rendered Had Defendants properly instructed the Plaintiff, CHRISTINE NEW, the Plaintiff would not have undergone the treatment as recommended and provided by the Defendants As a result of the negligence, recklessness and carelessness of Defendants, in failing to obtain an informed consent and without any want of care on the part of the Plaintiffs herein named, the it-want Plaintiff suffered grave bodily injury, complications related thereto, need for additional surgery and treatment, and mental anguish This action falls within one or more of the exemptions set forth in CPLR As a result of the foregoing, the Plaintiffs have been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would have jurisdiction. WHEREFORE, the Plaintiffs demand judgment against the defendants on the FIRST, SECOND, THIRD, FOURTH and FIFTH CAUSES OF ACTION with interests together with the

21 costs and disbursements of this action. Dated: New York, New York May 27, 2013 L & GU, LLP 17 B. Ty Place, Suite 604 New York, New York (212) Defendants: KAREN GRONAU, M.D. c/o Cityscape OB/GYN, P.L.L.C. 150 East 32nd Street, 4th Floor KAREN GRONAU, M.D. 150 East 32nd Street, Suite 101 DAVID SEUBERT, M.D. 530 First Avenue, Suite 7V HEIDI S. ROSENBERG, M.D. c/o Cityscape OB/GYN, P.L.L.C. 150 East 32nd Street, 4th Floor CARMIT ARCHIBALD, M.D. c/o Cityscape OB/GYN, P.L.L.C. 150 East 32nd Street, 4th Floor JOHN WIRTH, M.D. 225 Broadway, Suite 901 New York, NY AUTUMN EDENFIELD, M.D. 550 First Avenue

22 AUTUMN EDENFIELD, M.D. e/o Harris & Smith OB/GYN 5324 McFarland Road, Suite 300 Durham, NC AUTUMN EDENFIELD, M.D Trent Drive Durham, NC CITYSCAPE OB/GYN, P.L.L.C. 150 East 32nd Street, 4th Floor NYU LANGONE MEDICAL CENTER 550 First Avenue

23 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HALEY NEW, an Infant, by Her Mother and Natural Guardian, CHRISTINE NEW, Plaihtiffs, Index No.: CERTIFICATE OF MERIT -against- KAREN GRONAU, M.D., DAVID SEUBERT, M.D., HEIDI S. ROSENBERG, M.D., CARMIT ARCHIBALD, M.D., JOHN WIRTH, M.D., AUTUMN EDENFIELD, M.D., CITYSCAPE OB/GYN, P.L.L.C., and NYU LANGONE MEDICAL CENTER, Defendants. X Jeffrey A. Guzman, being duly sworn deposes and states the following to be true under the penalties of perjury: I am an attorney duly admitted to practice law in the State of New York. I am counsel for the Plaintiff in this matter. a I have reviewed the facts of the case and have consulted with at least on physician who is licensed to practice in this state or any other state and who I reasonably believe is knowledgeable in the relevant issues involved in this action, and I have concluded on the basis of this review and consultation that there is a reasonable basis for the commencement of this action. Dated: New York, New York May 27, 2013 Jeffr Guzm., Esq KRE EL & G t Z N, LLP 17 Battery Place, Suite 604 New York, New York (212)

24 ATTORNEY VERIFICATION JEFFREY A. GUZMAN, an attorney at law, duly admitted to practice in the Courts of the State of New York, affirms under penalties of perjury that: He is the attorney for the plaintiff(s) in the above entitled action. That he has read the foregoing VERIFIED COMPLAINT and knows the contents thereof, and upon information and belief, deponent believes the matters alleged herein to be true. The reason this Verification is made by deponent and not by the plaintiff(s) is that the plaintiff(s) reside(s) in a county other than the one in which the plaintiff=s attorneys maintain their office. The source of deponent's information and the grounds of his belief are communication, papers, reports and investigation contained in the file. Dated: New York, New York May 27, INIft JEFF' GUZMAN," kg

25 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HMV NM, an Infant, by Her Mother and Natural Guardian, CHRISTINE NEW, -against- KAREN GRONAU, M.D., et al., To Attorney(s) for SUMMONS & COMPLAINT KRENTSEL & GUZMAN, LLP 17 Battery Place, Suite 604 New York, New York (212) Plaintiff(s), Defendant(s). Service of a copy of the within Dated, is hereby admitted. copy judges of the Attorneys) for PLEASE TAKE NOTICE: G NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within name court on 19 G NOTICE OF SETTLEMENT that an order of which the within is a true Dated, will be presented for settlement to the HON. within named Court, at on * 19 at M. Yours, etc. KRENTSEL & GUZMAN, LLP one of the