I f FILED: NEW YORK COUNTY CLERK 06/10/2016 04:26 PM INDEX NO. 805065/2014 NYSCEF DOC. NO. 63.....'. RECEIVED NYSCEF: 06/10/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK FRANK ROZZI and JOYCE ROZZI, - against - Plaintiff, VERIFIED ANSWER Index No. 805065/2014 GEORGE J. TODD, MD., SEAN ALCANTARA, M.D., ERIC C. MARTIN, M.D., THE ST. LUKE'S- ROOSEVELT HOSPITAL CENTER alk/a THE ROOSEVELT HOSPITAL, MOUNT SINAI HOSPITALS GROUP, INC., MOUNT SINAI HEALTH SYSTEM, INC., and EAST MANHATTAN DIAGNOSTIC IMAGING, P.C., Defendants, x Defendant, EAST MANHATTAN DIAGNOSTIC IMAGING, P.C., by its attorneys, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP as and for its Verified Answer to plaintiffs' Complaint, respectfully shows to this Court and alleges upon information and belief: THE PARTIES 1. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) "1","3","7","8","9","10","11","12","14","15","16", "17","18", "19,"20","22","23","24","25","26", "27» and "28" 2. Denies the allegations contained in paragraph(s) "5" and "6" in the form alleged, except admits that ERIC C. MARTIN, M.D. was and is.a physician duly licensed to practice medicine in the State of New York, 3. Denies the allegations contained in paragraph(s) "13","21","29" and "31" in the form alleged and respectfully refers all questions of law to this Honorable Court, (01453615,DOCX )
THE UNDERLYING FACTS 4. Denies the allegations contained in paragraph(s) "32","33","34","35" and"36" in the form alleged and respectfully refers to the plaintiffs 'medical records for all specifics regarding care and treatment and respectfully refers all questions of law to this Honorable Court, 5. Denies the allegations contained in paragraph(s) "37", AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF FRANK ROZZI AS AGAINST DEFENDANT, GEORGE J. TODD, M,D. 6. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) "38" and "39". 7. Denies the allegations contained in paragraph(s) "40", "41" and "42". AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF LAINTIFF FRANK ROZZI AS AGAINST DEFENDANT, SEAN ALCANTARA, M.D. 8. In response to paragraph(s) "43", repeats each admission or denial contained in paragraph(s) "1" through "42" herein as though fully set forth hereat. 9, Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) "44r and "45", 10, Denies the allegations contained in paragraph(s) "46", "47" and "48". AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF PLAINTIFF FRANK ROZZI AS AGAINST DEFENDANTS ERIC C. MARTIN, M.D. AND EAST MANHATTAN DIAGNOSTIC IMAGING, INC. 11. In response to paragraph(s) "49", repeats each admission or denial contained in paragraph(s) "1" through "48" herein as thong'', fully set forth hereat. 12. Denies the allegations contained in paragraph(s) "sr, "51", "52", "53" and "54". (01453615.DOCX ) -2-
t.... AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF FRANK ROZZI AS AGAINST DEFENDANTS THE ST. LUKE'S-ROOSEVELT HOSPITAL CENTER, A/K/A THE ROOSEVELT HOSPITAL, MOUNT SINAI HOSPITALS GROUP. INC. AND MOUNT SINAI HEALTH SYSTEM, INC. 13. In response to paragraph(s) "55", repeats each admission or denial contained in paragraph(s) "1" through "54" herein as though fully set forth hereat. 14. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) "56" and "57". 15. Denies the allegations contained in paragraph(s) "58", "59" and "60". AS AND FOR A FIFTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF FRANK ROZZI AS AGAINST ALL DEFENDANTS 1 6. In response to paragraph(s) "61", repeats each admission or denial contained in paragraph(s) "1" through "60" herein as though fully set forth hermit. "67". 17. Denies the allegations contained in paragraph(s) "62", "63", "64P, "65", "66" and AS AND FOR A SIXTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF JOYCE ROZZI AGAINST ALL DEFENDANTS 18. In response to paragraph(s) "68", repeats each admission or denial contained in paragraph(s) "1" through "67" herein as though fully set forth hereat. 19. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) "69". 20. Denies the allegations contained in paragraph(s) "70", "71 ", "72", and "73". AS AND FOR A FIRST AFFIRMATIVE DEFENSE. 21. Pursuant to CPLR Article 16, the liability, if any, of the answering defendant, for non-economic loss shall not exceed its equitable share of liability. (01453615,DOCX ) -3-
117 11.-41 11- - - - AS AND FOR A SECOND AFFIRMATIVE DEFENSE. 22. That the injuries claimed by plaintiff in the complaint were caused in whole or in part, by the culpable conduct of the plaintiff, which either bars the claims completely or else diminishes the damages by the proportion that such culpable conduct of the plaintiff bears to the total culpable conduct causing the injuries. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 23, That the plaintiff has been or will be compensated in whole or in part for the damages claimed in the complaint by a collateral source of payment as set forth in CPLR 4545. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 24. The answering defendant asserts those applicable affirmative defenses for which provision is made at Public Health Law Section 2805-d. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 25. The answering defendant acted reasonably at all times and in good faith with no intent to harm. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 26. The answering defendant is entitled to an offset, pursuant to OOL 15-108. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 27. That the injuries or damages claimed were caused in whole or in part by the negligence or other culpable conduct of third parties over which this answering defendant had no control or right to exercise such control, AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 28. The complaint fails to state a claim upon which relief can be based. (01453615,DOCX ) -4-
WHEREFORE, defendant, EAST MANHATTAN DIAGNOSTIC IMAGING, P.C. demands judgment dismissing the Complaint,' together with the costs and disbursements of the within action, Dated: New York, New York May 19, 2014 Yours, etc. BY: Alison R. Shields AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for EAST MANHATTAN DIAGNOSTIC IMAGING, P.C. Office & P,O. Address 600 Third Avenue New York, NY 10016 212-593-6700 (01453615.DOCX) -5-