FILED: QUEENS COUNTY CLERK 11/28/2016 06:53 PM INDEX NO. 712841/2016 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/28/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -----------------------------------------------------------------------X LORI WHITE, and STEPHEN WHITE, Plaintiffs, Index No.: 712841/2016 VERIFIED ANSWER -against- PAOLO BOLOGNESE, M.D., NEUROLOGICAL SURGERY, P.C., NORTH SHORE- LONG ISLAND JEWISH MEDICAL CENTER, NORTHWELL HEALTH, INC., NORTH SHORE UNIVERSITY HOSPITAL, NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM, INC., TOMMASO ADDONA, M.D., LONG ISLAND PLASTIC SURGICAL GROUP, P.C., ROBERT MASCARELLI, P.A., VIKAS VARMA, M.D., and, MANHATTAN ORTHOPEDIC & SPORTS MEDICINE GROUP, P.C., Defendants. -----------------------------------------------------------------------X Defendant NORTH SHORE UNIVERSITY HOSPITAL, by its attorneys, HEIDELL, PITTONI, MURPHY & BACH, LLP, upon information and belief, answers the verified complaint herein as follows: AS AND TO THE FIRST CAUSE OF ACTION FIRST: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraph of the Complaint designated 1 except admits that at certain times not specifically set forth in the Complaint, PAOLO BOLOGNESE, M.D. was and is a physician duly licensed to practice medicine in the State of New York. SECOND: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the Complaint designated 2 through 5, 9, 25 through 28, 30, 32 through 35 and 40 and otherwise begs leave to refer all questions of law to the Court and all questions of fact to the trier thereof. 1 of 7
THIRD: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the Complaint designated 6 through 8 except admits that defendant LONG ISLAND JEWISH MEDICAL CENTER was and is a domestic not-for-profit corporation duly organized and existing under, and by virtue of, the laws of the State of New York, which operates a duly accredited hospital located in New Hyde Park, New York. FOURTH: Denies the allegations contained in the paragraphs of the Complaint designated 10 through 14, 19, 21 through 23, 36 through 39 and 41 through 46. FIFTH: Denies the allegations contained in the paragraphs of the Complaint designated 15 and 16, except admits that defendant NORTH SHORE UNIVERSITY HOSPITAL was and is a corporation duly organized and existing under, and by virtue of, the laws of the State of New York, which owns and operates the NORTH SHORE UNIVERSITY HOSPITAL located at 300 Community Drive, Manhasset, New York. SIXTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs of the Complaint designated 17, 18 and 20 and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. SEVENTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraph of the Complaint designated 24 except admits that at certain times not specifically set forth in the Complaint, TOMMASO ADDONA, M.D. was and is a physician duly licensed to practice medicine in the State of New York. 2 of 7
EIGHTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraph of the Complaint designated 29 except admits that at certain times not specifically set forth in the Complaint, ROBERT MASCARELLI, P.A. was and is a physician s assistant duly licensed in the State of New York. NINTH: Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraph of the Complaint designated 31 except admits that at certain times not specifically set forth in the Complaint, VIKAS VARMA, M.D. was and is a physician duly licensed to practice medicine in the State of New York. TENTH: Denies the allegations contained in the paragraphs of the Complaint designated 47 through 49 at to answering defendant and otherwise denies knowledge or information sufficient to form a belief as to the allegations within these paragraphs and begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. ELEVENTH: Denies the allegations contained in the paragraphs of the Complaint designated 50 and 51. AS AND TO THE SECOND CAUSE OF ACTION TWELFTH: Answering the paragraph of the Complaint designated 52 of the Complaint designated 1 through 51 with the same force and effect as if herein set THIRTEENTH: Denies the allegations contained in the paragraphs of the Complaint designated 53 through 56 as to answering defendant insofar as the allegations pertain to the answering defendant and otherwise denies knowledge or information sufficient to form a belief as to the allegations within these paragraphs and begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. 3 of 7
FOURTEENTH: Denies the allegations contained in the paragraphs of the Complaint designated 57 and 58. AS AND TO THE THIRD CAUSE OF ACTION FIFTEENTH: Answering the paragraph of the Complaint designated 59 of the Complaint designated 1 through 58 with the same force and effect as if herein set SIXTEENTH: Denies the allegations contained in the paragraphs of the Complaint designated 60 and 61. AS AND TO THE FOURTH CAUSE OF ACTION SEVENTEENTH: Answering the paragraph of the Complaint designated 62 of the Complaint designated 1 through 61 with the same force and effect as if herein set EIGHTEENTH: Denies the allegations contained in the paragraphs of the Complaint designated 63 through 67. AS AND TO THE FIFTH CAUSE OF ACTION NINETEENTH: Answering the paragraph of the Complaint designated 68 of the Complaint designated 1 through 67 with the same force and effect as if herein set TWENTIETH: Denies the allegations contained in the paragraphs of the Complaint designated 69 through 73. 4 of 7
AS AND TO THE SIXTH CAUSE OF ACTION TWENTY-FIRST: Answering the paragraph of the Complaint designated 74 of the Complaint designated 1 through 73 with the same force and effect as if herein set TWENTY-SECOND: Denies the allegations contained in the paragraphs of the Complaint designated 75 through 79. AS AND TO THE SEVENTH CAUSE OF ACTION TWENTY-THIRD: Answering the paragraph of the Complaint designated 80 of the Complaint designated 1 through 79 with the same force and effect as if herein set TWENTY-FOURTH: Denies the allegations contained in the paragraphs of the Complaint designated 81 through 85. FOR A FIRST DEFENSE TWENTY-FIFTH: That this action was not commenced against defendant until after the expiration of the time period specified in the applicable statute of limitations and any recovery based on the alleged causes of action herein is barred. FOR A SECOND DEFENSE TWENTY-SIXTH: That whatever damages may have been sustained at the time and place alleged in the complaint by plaintiff were caused, in whole or in part, by the culpable conduct of plaintiff and without any negligence on the part of defendant. Damages, if any, are to be diminished proportionally to the culpable conduct of the plaintiff. 5 of 7
FOR A THIRD DEFENSE TWENTY-SEVENTH: That as to the cause of action set forth in the Complaint based upon alleged failure to obtain an informed consent, defendant pleads the defenses in Public Health Law, 2805-d. FOR A FOURTH DEFENSE TWENTY-EIGHTH: That the equitable share of liability, if any, of defendant NORTH SHORE UNIVERSITY HOSPITAL, shall be determined pursuant to the provisions of Article 16 of the CPLR. FOR A FIFTH DEFENSE TWENTY-NINTH: That one or more of the causes of action in the Complaint fail to state a cause of action upon which relief may be granted. FOR A SIXTH DEFENSE THIRTIETH: That this defendant reserves the right to amend its answers and/or affirmative defenses that may be determined applicable in the future by discovery in this matter. FOR A SEVENTH DEFENSE THIRTY-FIRST: Plaintiff has failed to mitigate their alleged damages claimed herein. FOR A EIGHTH DEFENSE THIRTY-SECOND: The amount of alleged damages claimed by plaintiff should be reduced pursuant to CPLR 4545 to the extent of any collateral source benefits, remuneration or compensation received. 6 of 7
FOR A NINTH DEFENSE THIRTY-THIRD: If the plaintiff sustained the injuries and damages alleged, then said injuries and damages are proximally caused by persons and/or entities not connected with the defendant and currently unknown to defendant. WHEREFORE, defendant NORTH SHORE UNIVERSITY HOSPITAL demands judgment dismissing the complaint herein, together with the costs and disbursements of this action. Dated: Garden City, New York November 28, 2016 Yours, etc., HEIDELL, PITTONI, MURPHY & BACH, LLP By: JOHN P. McNABOE Attorneys for Defendant NORTH SHORE UNIVERSITY HOSPITAL Office & P.O. Address 1050 Franklin Avenue Garden City, New York 10016 (516) 408-1600 TO: Jordan Merson, Esq. Merson Law, PLLC Attorneys for Plaintiff 150 East 58 th Street, 34 th Floor New York, New York 10155 (212) 603-9100 jmerson@mersonlaw.com 7 of 7