FILED: KINGS COUNTY _ CLERK ;;;;;;;;;; 12/07/2016 -: -.- 01:44 -. PM INDEX NO. 507806/2015 - -- ;;;;;;; ------- _ NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 12/07/2016 Exhibit
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS x PHYLLIS JIMENEZ, - against - Plaintiff, VERIFIED ANSWER Index No. 507806/2015 THOMAS HUDSON, MOUNT SINAI BETH ISRAEL BROOKLYN, MOUNT SINAI HOSPITALS GROUP, INC., MOUNT SINAI HEALTH SYSTEM, INC., Defendants. x Defendant, THOMAS HUDSON, by his attorneys, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, as and for his Answer to plaintiff's Complaint, respectfully shows to this Court and alleges upon information and belief: NATURE OF THE CLAIMS 1. Denies the allegations contained in paragraph(s) "1","2","19","20","21","22","23", "24","25","26","27","28" and "30" and begs leave to refer all questions of law to the court. 2. Denies the knowledge or information to form a belief as to the truth of allegations contained in paragraph(s) "3","4","5","6","7","8","9","10","11","12","13","14","15","16", "17", "18" and "29" except admits that on July 23, 2014 plaintiff sought and received medical care and other professional services at defendant hospital. JURISDICTION AND VENUE 3. Denies the allegations contained in paragraph(s) "31". (01711022.DOCX }
4. Denies the knowledge or information sufficient to foi n a belief as to the truth of allegations contained in paragraph(s) "32". PARTIES 5. Denies the knowledge or information sufficient to form a belief as to the truth of allegations contained in paragraph(s) "33". 6. Denies the allegations contained in paragraph(s) "34" and "64" except admits that on July 23, 2004 plaintiff sought and received medical care and other professional services at defendant hospital and otherwise begs leave to refer all questions of law to the court. 7. Denies the allegations contained in paragraph(s) "35","36" and "52 except admits that said defendant was and still is duly licensed in the State of New York, and was on the staff of defendant hopsital and residing in Brooklyn, New York. 8. Denies the knowledge or information sufficient to form a belief as to the truth of allegations contained in paragraph(s) "38", "39", "40", "41", "42", "43", "44","45", "46","47", "48","49","50","51","53","54","55","56","57","62" and "63". 9. Denies the knowledge or information to form a belief as to the truth of allegations contained in paragraph(s) "37", "58", "59", "60" and "61" except admits defendant BETH ISRAEL MEDICAL CENTER - KINGS HIGHWAY DIVISION is a duly licensed hosital within the meaning of Public Health Law 2801 and otherwise begs leave to refer all questions of law to the court. AS AND FOR THE FIRST CAUSE OF ACTION 10. In response to paragraph "65", repeats each admission or denial contained in paragraphs "1" through "64" herein as though fully set forth hereat. 11. Denies the allegations contained in paragraph(s) "66","67" and "68". (01711022.DOCX ) 2
AS AND FOR THE SECOND CAUSE OF ACTION 12. In response to paragraph "69", repeats each admission or denial contained in paragraphs "1" through "68" herein as though fully set forth hereat. 13. Denies the allegations contained in paragraph(s) "70","71" and "72". AS AND FOR TH N, THIRD CAUSE OF ACTION 14. In response to paragraph "73", repeats each admission or denial contained in paragraphs "1" through "72" herein as though fully set forth hereat. 15. Denies the allegations contained in paragraph(s) "74","75","76" and "77". AS AND FOR THE FOURTH CAUSE OF ACTION 16. In response to paragraph "78", repeats each admission or denial contained in paragraphs "1" through "77" herein as though fully set forth hereat. 17. Denies the allegations contained in paragraph(s) "79","80","81","82","83","84" and "85". AS AND FOR THE FIFTH CAUSE OF ACTION 18. In response to paragraph "86", repeats each admission or denial contained in paragraphs "1" through "85" herein as though fully set forth hereat. 19. Denies the allegations contained in paragraph(s) "87","88","89" and "90". AS AND FOR THE FIRST AFFIRMATIVE DEFENSE 20. At all times herein defendant THOMAS HUDSON provided professional service to plaintiff in good faith, without malice or the intent to harm or injury plaintiff. AS AND FOR THE SECOND AFFIRMATIVE DEFENSE 21. That the injuries by plaintiff in the complaint were caused in whole or in part, by the culpable conduct of the plaintiff who otherwise failed to diminish the damages claimed which (01711022DOCX ) 3
either bars the claims completely or otherwise diminishes by the proposition that such culpable conduct or failure to reasonably act on the part of the plaintiff bears in proportion to the injuries alleged. WHEREFORE, defendant, THOMAS HUDSON, demands judgment dismissing the Complaint, together with the costs and disbursements of the within action. Dated: New York, New York October 5, 2015 Yours., ate/ Y: Steven C. Mandell AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant THOMAS HUDSON Office & P.O. Address 600 Third Avenue New York, New York 10016 Tel.: (212) 593-6700 (01711022,DOCX 1 4
Jimenez v. Hudson File no. 19.030 ATTORNEY'S VERIFICATION STATE OF NEW YORK COUNTY OF NEW YORK ) ss: STEVEN C. MANDELL, ESQ., affirms pursuant to penalties of perjury and CPLR 2106 as follows: That I am of counsel to the law firm of attorneys representing THOMAS HUDSON defendant herein. That I have read the attached Answer and the same is true to my own belief, except as to matters alleged on information and belief, and as to those matters, I believe them to be true to the best of my knowledge. That my sources of information are a claims file containing statements, reports and records of investigation, investigators, parties and witnesses, with which I am fully familiar. STEVEN C. MANDELL (01711019.DOCX )
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS PHYLLIS JIMENEZ, - against - Plaintiff, VERIFIED ANSWER Index No. 507806/2015 THOMAS HUDSON, MOUNT SINAI BETH ISRAEL BROOKLYN, MOUNT SINAI HOSPITALS GROUP, INC., MOUNT SINAI HEALTH SYSTEM, INC., Defendants. x Defendant, BETH ISRAEL MEDICAL CENTER - KINGS HIGHWAY DIVISION s/h/a MOUNT SINAI BETH ISRAEL BROOKLYN, by its attorneys, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, as and for its Answer to plaintiff's Complaint, respectfully shows to this Court and alleges upon information and belief: NATURE OF THE CLAIMS 1. Denies the allegations contained in paragraph(s) "1","2","19","20","21","22","23", "24","25","26","27","28" and "30" and begs leave to refer all questions of law to the court. 2. Denies the knowledge or information to form a belief as to the truth of allegations contained in paragraph(s) "3","4","5","6","7","8","9","10","11","12","13","14","15","16", "17", "18" and "29" except admits that on July 23, 2014 plaintiff sought and received medical care and other professional services at defendant hospital. JURISDICTION AND VENUE (01711010.DOCX )
3. Denies the allegations contained in paragraph(s) "31". 4. Denies the knowledge or information sufficient to form a belief as to the truth of allegations contained in paragraph(s) "32". PARTIES 5. Denies the knowledge or information sufficient to fora a belief as to the truth of allegations contained in paragraph(s) "33". 6. Denies the allegations contained in paragraph(s) "34" and "64" except admits that on July 23, 2004 plaintiff sought and received medical care and other professional services at defendant hospital and otherwise begs leave to refer all questions of law to the court. 7. Denies the allegations contained in paragraph(s) "35","36" and "52 except admits that said defendant was and still is duly licensed in the State of New York, and was on the staff of defendant hopsital and residing in Brooklyn, New York. 8. Denies the knowledge or information sufficient to form a belief as to the truth of allegations contained in paragraph(s) "38","39", "40", "41", "42", "43","44", "45","46","47", "48","49","50","51","53","54","55","56","57","62" and "63". 9. Denies the knowledge or information to faun a belief as to the truth of allegations contained in paragraph(s) "37", "58", "59", "60" and "61" except admits defendant BETH ISRAEL MEDICAL CEN I ER - KINGS HIGHWAY DIVISION is a duly licensed hosital within the meaning of Public Health Law 2801 and otherwise begs leave to refer all questions of law to the court. {01711010.DOCX } 2
AS AND FOR THE FIRST CAUSE OF ACTION 10. In response to paragraph "65", repeats each admission or denial contained in paragraphs "1" through "64" herein as though fully set forth hereat. 11. Denies the allegations contained in paragraph(s) "66","67" and "68". AS AND FOR THE SECOND CAUSE OF ACTION 12. In response to paragraph "69", repeats each admission or denial contained in paragraphs "1" through "68" herein as though fully set forth hereat. 13. Denies the allegations contained in paragraph(s) "70","71" and "72". AS AND FOR THE THIRD CAUSE OF ACTION 14. In response to paragraph "73", repeats each admission or denial contained in paragraphs "1" through "72" herein as though fully set forth hereat. 15. Denies the allegations contained in paragraph(s) "74","75","76" and "77". AS AND FOR THE FOURTH CAUSE OF ACTION 16. In response to paragraph "78", repeats each admission or denial contained in paragraphs "1" through "77" herein as though fully set forth hereat. 17. Denies the allegations contained in paragraph(s) "79","80","81","82","83","84" and "85". AS AND FOR THE FIFTH CAUSE OF ACTION 18. In response to paragraph "86", repeats each admission or denial contained in paragraphs "1" through "85" herein as though fully set forth hereat. 19. Denies the allegations contained in paragiaph(s) "87","88","89" and "90". {01711010.DOCX } 3
AS AND FOR THE FIRST AFFIRMATIVE DEI41 NSE 20. At all dines herein defendant THOMAS HUDSON provided professional service to plaintiff in good faith, without malice or the intent to harm or injury plaintiff. AS AND FOR THE SECOND AFFIRMATIVE DEFENSE 21. That the injuries by plaintiff in the complaint were caused in whole or in part, by the culpable conduct of the plaintiff who otherwise failed to diminish the damages claimed which either bars the claims completely or otherwise diminishes by the proposition that such culpable conduct or failure to reasonably act on the part of the plaintiff bears in proportion to the injuries alleged. WHEREFORE, defendant, BETH ISRAEL MEDICAL CENTER - KINGS HIGHWAY DIVISION s/h/a MOUNT SINAI BETH ISRAEL BROOKLYN, demands judgment dismissing the Complaint, together with the costs and disbursements of the within action. Dated: New York, New York October 5, 2015 Yours etc., a/el BY: Steven C. Mandell AARONSON RAPPAPORT FEINS!LIN & DEUTSCH, LLP Attorneys for Defendant BETH ISRAEL MEDICAL CENTER - KINGS HIGHWAY DIVISION s/h/a MOUNT SINAI BETH ISRAEL BROOKLYN Office & P.O. Address 600 Third Avenue New York, New York 10016 Tel.: (212) 593-6700 (01711010DOCX } 4
Jimenez v. Hudson File no. 19.030 ATTORNEY'S VERIFICATION STATE OF NEW YORK COUNTY OF NEW YORK ss: STEVEN C. MANDELL, ESQ., affirms pursuant to penalties of perjury and CPLR 2106 as follows: That I am of counsel to the law firm of attorneys representing BETH ISRAEL MEDICAL CENTER - KINGS HIGHWAY DIVISION s/h/a MOUNT SINAI BETH ISRAEL BROOKLYN defendant herein. That I have read the attached Answer and the same is true to my own belief, except as to matters alleged on information and belief, and as to those matters, I believe them to be true to the best of my knowledge. That my sources of information are a claims file containing statements, reports and records of investigation, investigators, parties and witnesses, with which I am fully familiar. STEVEN C. MANDELL {01711017.DOCX
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS x PHYLLIS JIMENEZ, - against - Plaintiff, VERIFIED ANSWER Index No. 507806/2015 THOMAS HUDSON, MOUNT SINAI BETH ISRAEL BROOKLYN, MOUNT SINAI HOSPITALS GROUP, INC., MOUNT SINAI HEALTH SYSTEM, INC., Defendants. x Defendant, MOUNT SINAI HOSPITALS GROUP, INC., by its attorneys, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, as and for its Answer to plaintiff's Complaint, respectfully shows to this Court and alleges upon information and belief: NATURE OF THE CLAIMS 1. Denies the allegations contained in paragraph(s) "1", "2", PRELIMINARY STATEMENT 2. Denies the knowledge or information to form a belief as to the truth of allegations contained in paragraph(s) 3", "4","5","6","7","8","9"," 10 "," 11 ","12","13","15","16","17", "27""28" and "29" 3. Denies the allegations contained in paragraph(s) "14", "18", "19", "20", "21", "22", "23","24","25","26" and "30". JURISDICTION AND VENUE 4. Denies the allegations contained in paragraph(s) "31". 5. Denies the knowledge or information sufficient to form a belief as to the truth of allegations contained in paragraph(s) "32". (01711044.DOCX }
PARTIES 6. Denies the knowledge or information sufficient to form a belief as to the truth of allegations contained in paragraph(s) "33", "34", "36", "37", "38", "39", "41", "45", "46", "47", "48","50","52","56","57","58","59","60","61","63" arid "64". 7. Denies the allegations contained in paragraph(s) "43", "44", "49", "51", "53", "54", "55" and "62". AS AND FOR THE FIRST CAUSE OF ACTION 8. In response to paragraph "65", repeats each admission or denial contained in paragraphs "1" through "64" herein as though fully set forth hereat. 9. Denies the allegations contained in paragraph(s) "66","67" and "68". AS AND FOR THE SECOND CAUSE OF ACTION 10. In.response to paragraph "69", repeats each admission or denial contained in paragraphs "1" through "68" herein as though fully set forth hereat. 11. Denies the allegations contained in paragraph(s) "70","71" and "72". AS AND FOR THE THIRD CAUSE OF ACTION 12. In response to paragraph "73", repeats each admission or denial contained in paragraphs "1" through "72" herein as though fully set forth hereat. 13. Denies the allegations contained in paragraph(s) "74","75","76" and "77". AS AND FOR THE FOURTH CAUSE OF ACTION 14. In response to paragraph "78", repeats each admission or denial contained in paragraphs "1" through "77" herein as though fully set forth hereat. 15. Denies the allegations contained in paragraph(s) "79","80","81","82","83","84" and 118511. {01711044.DOCX } 2
AS AND FOR THE FIFTH CAUSE OF ACTION 16. In response to paragraph "86", repeats each admission or denial contained in paragraphs "1" through "85" herein as though fully set forth hereat. 17. Denies the allegations contained in paragraph(s) "87","88","89" and "90". AS AND FOR THE FIRST AFFIRMATIVE DEFENSE 18. At all times herein defendant THOMAS HUDSON provided professional service to plaintiff in good faith, without malice or the intent to harm or injury plaintiff. AS AND FOR THE SECOND AFFIRMATIVE DEFENSE 19. That the injuries by plaintiff in the complaint were caused in whole or in part, by the culpable conduct of the plaintiff who otherwise failed to diminish the damages claimed which either bars the claims completely or otherwise diminishes by the proposition that such culpable conduct or failure to reasonably act on the part of the plaintiff bears in proportion to the injuries alleged. WHEREFORE, defendant, MOUNT SINAI HOSPITALS GROUP, INC., demands judgment dismissing the Complaint, together with the costs and disbursements of the within action. Dated: New York, New York October 5, 2015 Yours etc., eeril BY: Steven C. Mandell AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant MOUNT SINAI HOSPITALS GROUP, INC. 600 Third Avenue New York, New York 10016 Tel.: (212) 593-6700 {01711044.DOCX } 3
JIMENEZ v. HUDSON, et al. Our File No: 19.030 CORPORATE VERIFICATION STATE OF NEW YORK COUNTY OF NEW YORK SS BETH ESSIG, being duly sworn, deposes and says that deponent is the Executive Vice President and General Counsel of MOUNT SINAI HEALTH SYSTEM, INC., sued herein as MOUNT SINAI HOSPITALS GROUP, INC., a corporation organized and existing under the laws of the State of New York, which is a Defendant in the above-entitled action, and I have been authorized to make this verification on its behalf. I have read the foregoing Verified Answer on file herein and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein stated on information and belief, and, as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of the State of New York that the foregoing is true and correct. Sworn to before me this day of, 2015 BETH ESSIG Notary Public {01711027.DOCX }
SUPREME COURT OF THE STAFF, OF NEW YORK COUNTY OF KINGS x PHYLLIS JIMENEZ, - against - Plaintiff, VERIFIED ANSWER Index No. 507806/2015 THOMAS HUDSON, MOUNT SINAI BETH ISRAEL BROOKLYN, MOUNT SINAI HOSPITALS GROUP, INC., MOUNT SINAI HEALTH SYSTEM, INC., Defendants. x Defendant, MOUNT SINAI HEALTH SYSTEM, INC., by its attorneys, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, as and for its Answer to plaintiff's Complaint, respectfully shows to this Court and alleges upon information and belief: NATURE OF THE CLAIMS I. Denies the allegations contained in paragraph(s) "1","2". PRELIMINARY STATEMENT 2. Denies the knowledge or information to form a belief as to the truth of allegations contained in paragraph(s) 3", "4","5","6","7","8","9","10","11","12","13","15","16","17", "27""28" and "29" 3. Denies the allegations contained in paragraph(s) "14", "18", "19", "20", "21", "22", "23","24","25","26" and "30". JURISDICTION AND VENUE 4. Denies the allegations contained in paragraph(s) "31". 5. Denies the knowledge or information sufficient to form a belief as to the truth of allegations contained in paragraph(s) "32". (01711056.DOCX )
PARTIES 6. Denies the knowledge or information sufficient to form a belief as to the truth of allegations contained in paragraph(s) "33", "34", "36","37", "38", "39","40", "44","47","48", "49","52","53","54","55","58","59","60","61" and "64". 7. Denies the allegations contained in paragraph(s) "35", "41", "43", "45", "46", "50", "51","57" and "63". AS AND FOR THE FIRST CAUSE OF ACTION 8. In response to paragraph "65", repeats each admission or denial contained in paragraphs "1" through "64" herein as though fully set forth hereat. 9. Denies the allegations contained in paragraph(s) "66","67" and "68". AS AND FOR THE SECOND CAUSE OF ACTION 10. In response to paragraph "69", repeats each admission or denial contained in paragraphs "1" through "68" herein as though fully set forth hereat. 11. Denies the allegations contained in paragraph(s) "70","71" and "72". AS AND FOR THE THIRD CAUSE OF ACTION 12. In response to paragraph "73", repeats each admission or denial contained in paragraphs "1" through "72" herein as though fully set forth hereat. 13. Denies the allegations contained in paragraph(s) "74","75","76" and "77". AS AND FOR THE FOURTH CAUSE OF ACTION 14. In response to paragraph "78", repeats each admission or denial contained in paragraphs "1" through "77" herein as though fully set forth hereat. 15. Denies the allegations contained in paragraph(s) "79","80","81","82","83","84" and "85". (01711056.DOCX } 2
AS AND FOR THE FIFTH CAUSE OF ACTION 16. In response to paragraph "86", repeats each admission or denial contained in paragraphs "1" through "85" herein as though fully set forth hereat. 17. Denies the allegations contained in paragraph(s) "87","88","89" and "90". AS AND FOR THE FIRST AFFIRMATIVE DEFENSE 18. At all times herein defendant THOMAS HUDSON provided professional service to plaintiff in good faith, without malice or the intent to harm or injury plaintiff. AS AND FOR THE SECOND AFFIRMATIVE DEFENSE 19. That the injuries by plaintiff in the complaint were caused in whole or in part, by the culpable conduct of the plaintiff who otherwise failed to diminish the damages claimed which either bars the claims completely or otherwise diminishes by the proposition that such culpable conduct or failure to reasonably act on the part of the plaintiff bears in proportion to the injuries alleged. WHEREFORE, defendant, MOUNT SINAI HEALTH SYSTEM, INC., demands judgment dismissing the Complaint, together with the costs and disbursements of the within action. Dated: New York, New York October 5, 2015 Yours, etc., 100-61 BY: Steven C. Mandell AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant MOUNT SINAI HEALTH SYSTEM, INC. 600 Third Avenue New York, New York 10016 Tel.: (212) 593-6700 {01:711056.DOCX } 3
JIMENEZ v. HUDSON, et al. Our File No: 19.030 CORPORATE VERIFICATION STATE OF NEW YORK COUNTY OF NEW YORK SS BETH ESSIG, being duly sworn, deposes and says that deponent is the Executive Vice President and General counsel of MOUNT SINAI HEALTH SYSTEM, INC., a corporation organized and existing under the laws of the State of New York, which is a Defendant in the above-entitled action, andl have been authorized to make this verification on its behalf I have read the foregoing Verified Answer on file herein and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein stated on information and belief, and, as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of the State of New York that the foregoing is true and correct. Sworn to before me this day of, 2015 BETH ESSIG Notary Public (01711046.DOCX