FILED: KINGS COUNTY CLERK 07/27/2016 04:57 PM INDEX NO. 512984/2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/27/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS KENNETH ROYAL, Index No. Date Purchased Plaintiff(s) Designate(s) Kings County as the place of trial. Plain tiff(s.) against JONATHAN KUO, M.D.; ALEXANDER RANCES, D.O.; HUDSON SPINE AND PAIN MEDICINE, P.C.; YASSER EL-HENNAWY, M.D.; HAROLD MATOS-CASSANO, M.D.; ANDERS COHEN M D JUAN CARLOS FUENTES-ROSALES M.D.; PAUNEL VUKASINOV, M.D.; and WYCKOFF HEIGHTS MEDICAL CENTER; Defendant r) The basis of the venue is Plaintiffs Residence SUMMONS with Notice Plaintiff(s) reside(s) at 153 Marcus Garvey Blvd. County of Kings 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(s) within 20 days after the 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. Gary A. Zucker & Associates, P.C. Attorney(s) for Plaintiff Dated, July 27, 2016 Defendant s address: * Jonathan Kuo, M.D., Alexander Rances, D.O. and Hudson Spine And Pain Medicine, P.C., 281 Broadway New York, NY 10007 Notice: The nature of this action is negligence Office and Post Office Address 186 Joralemon Street, Suite 1010 Brooklyn, New York 11201 718-624-1211 The relief sought is compensatory damages Upon your failure to appear, judgment will be taken against you by default for the sum of $ with interest from and the costs of this action. Yasser El-Hennawy, M.D., Harold Matos-Cassano, M.D., Juan Carlos Fuentes-Rosales, M.D., Paunel Vukasinov, M.D., Wyckoff Heights Medical Center, 374 Stockholm Street, Brooklyn, NY 11237 Anders Cohen, M.D., 240 Willoughby Street, Brooklyn, NY 11201 1 of 11
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS KENNETH ROYAL. Plaintiff, VERIFIED COMPLAINT -against- Index No.: JONATHAN KUO, M.D.: ALEXANDER RANCES, D.O.; HUDSON SPINE AND PAIN MEDICINE, P.C. YASSER EL-HENNA WY. M.D.: HAROLD MATOS-CASSANO. M.D.; ANDERS COHEN, M.D.; JUAN CARLOS FUENTES-ROSALES, M.D.; PAUNEL VUKASINOV, M.D.; and WYCKOFF HEIGHTS MEDICAL CENTER; Defendants. Plaintiff. KENNETH ROYAL. b his attorneys. GARY A. ZUCKER & ASSOCIATES. P.C.. complaining of the defendants herein, respectfully shows to this Honorable Court and alleges, upon information and belief: 1. At all times hereinafter mentioned, plaintiff KENNETH ROYAL (hereinafter plaintiff) was and still is a resident of the County of Kings, City and State of New York. 2. Upon information and belief, at all times hereinafter mentioned. defendant JONATHAN KUO, M.D. (hereinafter KUO) was and still is a physician duly licensed to practice medicine in the State of New York. 3. Upon information and belief, at all times hereinafter mentioned. defendant KUO held himself out to the public. and more particularly to the plaintiff herein. as a specialist in the field of anesthesia and pain management and having the requisite skill and knowledge of physicians practicing in that field. 2 of 11
4, Upon information and belief, at all times hereinafter mentioned, defendant ALEXANDER RANCES, M.D. (hereinafter RANCES) was and still is a physician duly licensed to practice medicine in the State of New York. 5. Upon information and belief, at all times hereinafter mentioned, defendant RANCES held himself out to the public, and more particularly to the plaintiff herein, as a specialist in the field of anesthesiology and pain management and having the requisite skill and knowledge of physicians practicing in that field. 6. Upon information and belief, at all times hereinafter mentioned, defendant HUDSON SPINE AND PAIN MEDICINE, P.C. (hereinafter HSPM) was and still is a professional corporation duly organized and existing under and by virtue of the laws of the State of New York. 7. Upon information and belief, at all times hereinafter mentioned, defendant KUO was an employee of defendant HSPM. 8. Upon information and belief, at all times hereinafter mentioned, defendant KUO rendered medical care and treatment to the plaintiff in the course of his employment for and/or in the furtherance of the business of defendant HSPM. 9. Upon information and belief, at all times hereinafter mentioned, defendant RANCES was an employee of defendant HSPM. 10. Upon information and belief, at all times hereinafter mentioned, defendant RANCES rendered medical care and treatment to the plaintiff in the course of his employment for and/or in the furtherance of the business of defendant HSPM. 3 of 11
11. Upon information and belief, at all times hereinafter mentioned, defendant HSPM maintained offices for the practice of medicine at 281 Broadway, New York, New York. 12. Upon information and belief, at all times hereinafter mentioned, defendant YASSER EL-HENNAWY, M.D. (hereinafter EL-HENNAWY) was and still is a physician duly licensed to practice medicine in the State of New York. 13. Upon information and belief, at all times hereinafter mentioned. defendant EL-HENNAWY held himself out to the public, and more particularly to the plaintiff herein, as a specialist in the field of internal medicine and having the requisite skill and knowledge of physicians practicing in that field. 14. Upon information and belief, at all times hereinafter mentioned, defendant HAROLD MATOS-CASSANO. M.D. (hereinafter MATOS-CASSANO) was and still is a physician duly licensed to practice medicine in the State of New York. 15. Upon information and belief, at all times hereinafter mentioned. defendant MATOS-CASSANO held himself out to the public, and more particularly to the plaintiff herein, as a specialist in the field of neurosurgery and having the requisite skill and knowledge of physicians practicing in that field. 16. Upon information and belief, at all times hereinafter mentioned, defendant ANDERS COHEN, M.D. (hereinafter COHEN) was and still is a physician duly licensed to practice medicine in the State of New York. 17, Upon information and belief, at all times hereinafter mentioned, defendant COHEN held himself out to the public, and more particularly to the plaintiff herein, as a 4 of 11
specialist in the field of neurosurgery and having the requisite skill and knowledge of physicians practicing in that field. 18. Upon information and belief, at all times hereinafter mentioned, defendant JUAN CARLOS FUENTES-ROSALES, M.D. (hereinafter FUENTES-ROSALES) was and still is a physician duly licensed to practice medicine in the State of New York. 19. Upon information and belief, at all times hereinafter mentioned, defendant FUENTES-ROSALES held himself out to the public, and more particularly to the plaintiff herein, as a specialist in the field of internal medicine and having the requisite skill and knowledge of physicians practicing in that field. 20. Upon information and belief, at all times hereinafter mentioned, defendant PAUNEL VUKASINOV, M.D. (hereinafter VUKASINOV) was and still is a physician duly licensed to practice medicine in the State of New York. 21. Upon information and belief, at all times hereinafter mentioned, defendant VUKASINOV held himself out to the public, and more particularly to the plaintiff herein, as a specialist in the field of internal medicine and having the requisite skill and knowledge of physicians practicing in that field. 22. Upon information and belief, at all times hereinafter mentioned, defendant WYCKOFF HEIGHTS MEDICAL CENTER (hereinafter WHMC) was and still is a corporation duly organized and existing under and by virtue of the laws of the State of New York. 23. Upon information and belief, at all times hereinafter mentioned, defendant WHMC owned a hospital facility located at 374 Stockholm Street, Brooklyn, New York. 5 of 11
24. Upon information and belief, at all times hereinafter mentioned, defendant WHMC operated a hospital facility located at 374 Stockholm Street. Brooklyn, New York. 25. Upon information and belief, at all times hereinafter mentioned. defendant WHMC hired various physicians. nurses. technicians. and other individuals for the purpose of rendering medical care and treatment to the public, including the plaintiff herein. 26. Upon information and belief, at all times hereinafter mentioned, defendant WHMC held itself out to the public, and more particularly to the plaintiff herein, as rendering and being capable of rendering medical care and treatment in accordance with standards of good and accepted medical practice. 27. Upon information and belief, at all times hereinafter mentioned. defendant EL-HENNA WY was an employee of defendant WHMC. 28. Upon information and belief, at all times hereinafter mentioned, defendant EL-HENNA WY rendered medical care and treatment to plaintiff in the course of his employment for and/or in the furtherance of the business of defendant WHMC. 29. Upon information and belief, at all times hereinafter mentioned. defendant MATOS-CASSANO was an employee of defendant WHMC. 30. Upon information and belief, at all times hereinafter mentioned, defendant MATOS-CASSANO rendered medical care and treatment to the plaintiff in the course of his employment for and/or in the furtherance of the business of defendant WHMC. 31. Upon information and belief, at all times hereinafter mentioned, defendant COHEN was an employee of defendant WHMC. 6 of 11
32. Upon information and belief, at all times hereinafter mentioned, defendant COHEN rendered medical care and treatment to the plaintiff in the course of his employment for and/or in the furtherance of the business of defendant WHMC. 33. Upon information and belief, at all times hereinafter mentioned, defendant FUENTES-RO SALES was an employee of defendant WHMC. 34. Upon information and belief, at all times hereinafter mentioned, defendant FUENTES-ROSALES rendered medical care and treatment to the plaintiff in the course of his employment for and/or in furtherance of the business of defendant WHMC. 35. Upon information and belief, at all times hereinafter mentioned, defendant VUKASINOV was an employee of defendant WHMC. 36, Upon information and belief, at all times hereinafter mentioned, defendant VUKASINOV rendered medical care and treatment to the plaintiff in the course of his employment for and/or in furtherance of the business of defendant WHMC. 37. On or about the 10 th day of April, 2014, plaintiff presented at the aforesaid offices of defendant HSPM with certain physical symptoms and complaints. 38. On and between the 10 th day of ApriL 2014 and the 2 day of October, 2015. plaintiff received regular and continuous medical care and treatment from defendants KUO and RANCES at defendant HSPM with respect to his aforesaid physical symptoms and complaints. 39. On or about the 6thi day of October, 2015, plaintiff presented at defendant WHMC with certain physical symptoms and complaints. 7 of 11
40. On and between the 6th day of October, 2015 and the 10 th day of October, 2015. plaintiff was continuously confined to defendant WHMC for treatment of his aforesaid physical symptoms and complaints. 41. During plaintiff s aforesaid confinement at defendant WHMC, plaintiff received medical care and treatment from defendants EL-HENNA WY, MATOS-CASSANO, COHEN, FUENTES-ROSALES, VUKASINOV, and from various other individuals employed and/or acting in furtherance of the business of defendant WHMC. 42. The medical care and treatment rendered to the plaintiff by the defendants, their agents. servants, and/or employees, was rendered in a negligent and improper manner and failed to conform with standards of good and accepted medical practice. 43. As a result of the negligence, malpractice. and wrongdoing of the defendants as aforesaid, plaintiff was caused to sustain serious, severe, and permanent personal injuries, and has suffered and will continue to suffer physical pain and mental anguish. 44. The limitation of liability provisions of Article 16 of the CPLR do not apply herein by virtue of the fact that the defendants acted knowingly or intentionally, and in concert, to cause the acts or failures upon which liability herein is based and pursuant to the doctrine of respondent superior. 45. By virtue of the foregoing, plaintiff has been caused to suffer damages in an amount that exceeds the jurisdictional limist of all other courts which would otherwise have jurisdiction herein. WHEREFORE, plaintiff demands judgment against the defendants in an amount that exceeds the jurisdictional limits of all other courts that would otherwise have jurisdiction 8 of 11
herein together with the costs, interest, and disbursements of this action. GARY A. ZUCKER & ASSOCIATES, RC. Attorneys for Plaintiff Office and P0 Address 186 Joralemon Street. Suite 1010 Brooklyn, NY 11201 (718) 624-1211 9 of 11
STATE OF NEW YORK) SS.: COU1STY OF KINGS) I, the undersigned, am an attorney admitted to practice in the Courts of New York State and say that: I am the attorney of record or of counsel with the attorney(s) of record, for the plaintiff. I have read the annexed SUMMONS & COMPLAINT, know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief as to those matters therein not stated upon knowledge, is based upon the following: Reports, records, memoranda. and other pertinent data necessary for the prosecution of the within action. The reason I make this affirmation instead of plaintiff is that deponents office file contains the information upon which the allegations herein are based. I affirm the foregoing statements are true under the penalties of perjury. Dated: Brooklyn, New York uy2,2 1 10 of 11
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS KENNETH ROYAL. -against- Plaintiff, CERTIFICATE OF MERIT NOTICE OF COMPLIANCE PURSUANT TO CPLR 3012-a(1) JONATHAN KUO, M.D.; ALEXANDER RANCES, D.O.; HUDSON SPINE AND PAIN MEDICINE, P.C.; YASER EL-HENNAWY, M.D.; HAROLD MATOS-CASSANO, M.D.; ANDERS COHEN. M.D.; JUAN CARLOS FUENTES-ROSALES, M.D.; PAUNEL VUKASINOV. M.D.; and WYCKOFF HEIGHTS MEDICAL CENTER: Defendants. GARY A. ZUCKER, an attorney admitted to practice in the State of New York. does hereby certify, pursuant to CPLR 3012-a (1): I am a member of the firm of GARY A. ZUCKER & ASSOCIATES. P.C., attorneys for the plaintiff in the above-entitled action and hereby certify that I have reviewed the facts of this case and have consulted with a physician licensed to practice in this State who, I reasonably believe, is knowledgeable in the relevant issues involved in this action, and have concluded on the basis of such review and consultation that there is a reasonable basis for commencement of this action. Dated: Brooklyn, New York July27.2016 11 of 11