FILED KINGS COUNTY CLERK 09/11/2017 1143 PM INDEX NO. 512945/2017 NYSCEF DOC. NO. 47 RECEIVED NYSCEF 09/11/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X FRANCES LANZA, Plaintiff, - against - JOSEPH BASILE, M.D., STATEN ISLAND UNIVERSITY HOSPITAL, DENNIS GORMLEY, M.D., OPHTHALMOLOGY ASSOCIATES OF STATEN ISLAND, P.C., BRIAN MCHUGH, M.D., ANTHONY ALASTRA, M.D., ANNA VANTUYL, M.D., EDWIN CHANG, M.D., and ANURAG SINGH, M.D., Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X Index No. 512945/2017 VERIFIED ANSWER Defendant, ANURAG SINGH, M.D., by his attorneys, RUBIN SHEELEY PATERNITI GONZALEZ KAUFMAN LLP, as and for his Verified Answer to plaintiff s Verified Complaint respectfully shows to the Honorable Court and allege upon information and belief AS AND TO THE FIRST CAUSE OF ACTION FIRST Deny the allegations contained in paragraphs 1 and 2 in the form alleged, except states that upon information and belief JOSEPH BASILE, M.D. was a physician authorized to practice his profession in the State of New York and refers all questions of law to the court and all questions of fact to the trier of fact. SECOND Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraphs 3, 4, 5, 6, 7, 8, 9, 10 and 11. THIRD Deny the allegations contained in paragraphs 12 and 13 in the form alleged, except states that upon information and belief ANNA VANTUYL, M.D. was a physician 1 of 8
FILED KINGS COUNTY CLERK 09/11/2017 1143 PM INDEX NO. 512945/2017 NYSCEF DOC. NO. 47 RECEIVED NYSCEF 09/11/2017 authorized to practice her profession in the State of New York and refers all questions of law to the court and all questions of fact to the trier of fact. FOURTH Deny the allegations contained in paragraphs 14 and 15 in the form alleged, except states that upon information and belief EDWIN CHANG, M.D. was a physician authorized to practice his profession in the State of New York and refers all questions of law to the court and all questions of fact to the trier of fact. FIFTH Deny the allegations contained in paragraphs 16 and 17 in the form alleged, except states that ANURAG SINGH, M.D. was a physician authorized to practice his profession in the State of New York and refers all questions of law to the court and all questions of fact to the trier of fact. SIXTH Deny the allegations contained in paragraphs 18 and 19 in the form alleged except states that upon information and belief the STATEN ISLAND UNIVERSITY HOSPITAL was a not-for-profit corporation organized pursuant to New York State Law which operated STATEN ISLAND UNIVERSITY HOSPITAL located in Staten Island, New York, and refer all questions of law to the court. SEVENTH Deny the allegations contained in paragraphs 20 and 21 in the form alleged except state that upon information and belief one FRANCES LANZA received hospital care at STATEN ISLAND UNIVERSITY HOSPITAL and refers all questions of law to the court and all questions of fact to the trier of fact. EIGHTH Deny the allegations contained in paragraphs 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and 32. 2 of 8
FILED KINGS COUNTY CLERK 09/11/2017 1143 PM INDEX NO. 512945/2017 NYSCEF DOC. NO. 47 RECEIVED NYSCEF 09/11/2017 AS AND TO THE SECOND CAUSE OF ACTION NINTH In response to paragraph 33 repeats each admission or denial made herein as though fully set forth hereat. TENTH Deny the allegations contained in paragraphs 34, 35, 36, 37, 38, and 39. AS AND TO THE THIRD CAUSE OF ACTION ELEVENTH In response to paragraph 40 repeats each admission or denial made herein as though fully set forth hereat. TWELFTH Deny the allegations contained in paragraphs 41, 42, 43, and 44. FIRST AFFIRMATIVE DEFENSE THIRTEENTH That any of the injuries sustained by the plaintiff as alleged in the complaint were caused in whole or in part by the culpable conduct of the plaintiff, and were not caused or contributed to by the answering defendant, which either bars the claims completely or else diminishes the damages by the proportion that such culpable conduct of the plaintiff bear to the total culpable conduct causing injuries. SECOND AFFIRMATIVE DEFENSE FOURTEENTH The answering defendant asserts those applicable affirmative defenses for which provision is made at Public Health Law Section 2805(d). THIRD AFFIRMATIVE DEFENSE FIFTEENTH That if any liability is found as against these answering defendant, then said liability will constitute 50% or less of the total liability assigned to all persons liable and, as such, the liability of these answering defendants to plaintiff for non-economic loss shall be limited and shall not exceed the answering defendants equitable share, as provided in Article 16 of the CPLR. 3 of 8
FILED KINGS COUNTY CLERK 09/11/2017 1143 PM INDEX NO. 512945/2017 NYSCEF DOC. NO. 47 RECEIVED NYSCEF 09/11/2017 FOURTH AFFIRMATIVE DEFENSE SIXTEENTH If plaintiff is entitled to recover damages for economic loss as against the answering defendant by reason of the matters alleged in the Verified Complaint, liability for which is hereby denied, then pursuant to CPLR 4545 the amount of damages recoverable against said defendant, if any, shall be reduced by those amounts by which such economic loss was or will be replaced or indemnified in whole or in part from any collateral source of payment. FIFTH AFFIRMATIVE DEFENSE SEVENTEENTH If the plaintiff is entitled to recover damages from loss of earnings or impairment of earning ability as against these answering defendant, by reason of the matters alleged in the complaint, liability for which is hereby denied, then pursuant to CPLR 4546 the amount of damages recoverable against said defendant, if any, shall be reduced by the amount of federal, state and local income taxes by which the plaintiff would have been obligated to pay. SIXTH AFFIRMATIVE DEFENSE EIGHTEENTH In the event of any verdict or judgment in favor of plaintiff, liability for which is hereby denied, the answering defendants are entitled to a set-off or credit with respect to the amounts of any payments made to plaintiff under General Obligations Law 15-108 for any companion action or actions arising out of the same set of events as pleaded herein. The answering defendants reserve the right to claim all benefits and limitations of liability pursuant to GOL 15-108. 4 of 8
FILED KINGS COUNTY CLERK 09/11/2017 1143 PM INDEX NO. 512945/2017 NYSCEF DOC. NO. 47 RECEIVED NYSCEF 09/11/2017 SEVENTH AFFIRMATIVE DEFENSE NINETEENTH The causes of action set forth in plaintiff s complaint are barred inasmuch as suit was not instituted within the applicable Statute(s) of Limitations, and as such, the complaint must be dismissed. EIGHTH AFFIRMATIVE DEFENSE TWENTIETH Pursuant to CPLR 3211(a)(4), this action is duplicative of another pending action(s) and as such, the complaint must be dismissed. NINTH AFFIRMATIVE DEFENSE TWENTY-FIRST The plaintiff has failed to acquire personal jurisdiction over the answering defendant, and as such, the complaint must be dismissed. TENTH AFFIRMATIVE DEFENSE TWENTY-SECOND The complaint fails to assert a cause of action upon which relief can be granted, and as such, the complaint must be dismissed. WHEREFORE, ANURAG SINGH, M.D. demands judgment dismissing the Verified Complaint, with prejudice, together with costs and disbursement of the within action. Dated New York, New York September 11, 2017 RUBIN SHEELEY PATERNITI GONZALEZ KAUFMAN LLP By JOHN D. PATERNITI, ESQ. Attorneys for Defendant ANURAG SINGH, M.D. 420 Lexington Avenue, Ste. 1820 New York, NY 10017 (646) 650-5952 File No. 29.262 5 of 8
FILED KINGS COUNTY CLERK 09/11/2017 1143 PM INDEX NO. 512945/2017 NYSCEF DOC. NO. 47 RECEIVED NYSCEF 09/11/2017 TO MERSON LAW, PLLC 150 East 58 th Street, 34 th Fl New York NY 10155 (212) 603-9100 6 of 8
FILED KINGS COUNTY CLERK 09/11/2017 1143 PM INDEX NO. 512945/2017 NYSCEF DOC. NO. 47 RECEIVED NYSCEF 09/11/2017 ATTORNEY S VERIFICATION STATE OF NEW YORK ) COUNTY OF NEW YORK ) ss John D. Paterniti, Esq., being duly sworn, deposes and states That he is a partner in the firm of Rubin Sheeley Paterniti Gonzalez Kaufman LLP, attorneys representing ANURAG SINGH, M.D. That he has read the attached Verified Answer and that the content contained therein is true to his own belief, except as to matters alleged upon information and belief, and as to those matters he believes them to be true to the best of his knowledge. That the deponent s sources of information include a claims file containing correspondence and other writings, reports and records of investigation, with which this deponent is fully familiar. That this verification is made by this deponent because his client is not located within the county where the deponent maintains his office. JOHN D. PATERNITI Sworn to before me this 11 th Day of September, 2017. NOTARY PUBLIC Keyunna Lawrence Notary Public, State of New York No. 01LA6344357 Qualified in New York County Commission Expires June 27, 2020 7 of 8
FILED KINGS COUNTY CLERK 09/11/2017 1143 PM INDEX NO. 512945/2017 NYSCEF DOC. NO. 47 RECEIVED NYSCEF 09/11/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS FRANCES LANZA, Plaintiff, Index No. 512945/2017 - against - JOSEPH BASILE, M.D., STATEN ISLAND UNIVERSITY HOSPITAL, DENNIS GORMLEY, M.D., OPHTHALMOLOGY ASSOCIATES OF STATEN ISLAND, P.C., BRIAN MCHUGH, M.D., ANTHONY ALASTRA, M.D., ANNA VANTUYL, M.D., EDWIN CHANG, M.D., and ANURAG SINGH, M.D., Defendants. VERIFIED ANSWER RUBIN SHEELEY PATERNITI GONZALEZ KAUFMAN LLP Attorneys for Defendant ANURAG SINGH, M.D. Office and Post Office Address 420 Lexington Avenue, Ste. 1820 New York, New York, 10017 Telephone (646) 650-5952 TO ALL PARTIES 8 of 8