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(FILED: NEW YORK COUNTY CLERK 0470872015 11:11 AM INDEX..NO.. 805401/2014
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/08. 2015
SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF NEW YORK
x
PAUL MINDOLOVITCH, as proposed
Administrator of the Estate of MONICA.
MINDOLOVITCH, deceased, and PAUL VERIFIED ANSWER ON BEHALF
MINDOLOVITCH, individually and as parent and OF DEFENDANT MAI K. KAGA,
natural guardian of ROBERT MINDOLOVITCH, a MD.
minor, and SIMONE MINDOLOVITCH, a minor,
Index No. 805401/14
Plaintiff,
- against -
MOUNT SINAI BETH ISRAEL MEDICAL
CENTER of THE MOUNT SINAI HEALTH
SYSTEM; CONTINUUM HEALTH PARTNERS,
INC., ILAN SHAPIRA, MD, MICHAEL FELSEN,
MD, KARLEUNG SIU, MD, MAI K. KAGA, MD,
JAMES F. WINCHESTER, MD, ERIN P.
PATTON, MD, NIKKI D, TANG, MD, NIKOLAS
B. HARBORD, MD, RICHARD AMERLING,
MD, AVANTUS RENAL THERAPY NEW
YORK, LLC, CHRISTINA K. NADAR, MD,
ANKIT R. SHAH, MD, PATRICE SONARA, MD
and PATRICLA DHARAPEK, MD,
Defendants.
SIR/MADAM:
Defendant, MAI K. KAGA, M.D.., by her attorneys, AARONSON RAPPAPORT
FEINSTEIN & DEUTSCH, LLP, as and for his Verified Answer to plaintiff's Verified
Complaint, respectfully shows to this Court and alleges upon information and belief:
1 Denies the knowledge or information sufficient to form a belief as to the truth off
the allegations found in paragraphs “1,” “2,” “3,” “4” and “5.”
2 Denies the allegations contained in paragraphs “6,” “7,” “8,” “10,” “11,” and}
“12,” except admits that BETH ISRAEL MEDICAL CENTER (s/h/a MOUNT SINAT BETH,
ISRAEL MEDICAL CENTER OF THE MOUNT SINAJ HEALTH SYSTEM) is a not for profit
{o1614602,D0CX}
hospital, existing pursuant to the laws of the State of New York, located at, among other}
locations, 16 Street and 1* Avenue, New York, New York; appropriately staffed and equipped
to render care and treatment to those members of the public seeking such care and treatment and}
respectfully refer all questions of law and fact to this Honorable Court.
3 Denies the allegations contained in paragraphs “9,” “13,” “14,” “15,” “16,” “17,”
and “18,” in the form alleged, except admits that CONTINUUM HEALTH PARTNERS, INC,
was a corporation existing pursuant to the laws of the State of New York and that the plaintiff
decedent had been a patient at BETH ISRAEL MEDICAL CENTER and respectfully refers all
questions of law and fact to this Honorable Court and all questions pertaining to the care and!
treatment to the plaintiff decedent to the medical records and/or hospital charts.
4 Denies the allegations contained in paragraphs “19,” “20,” “21,” “22” and “23.”
AS AND FOR A RESPONSE TO THE CAUSE OF ACTION
ON BEHALF OF PAUL
MINDOLOVITCH, THIS ANSWERING DEFENDANT RESPONDS AS FOLLOWS:
5 In response to paragraph “24,” repeats each admission or denial contained in|
paragraphs “1” through “23” herein as though fully set forth hereat.
6. Denies the knowledge or information sufficient to form a belief as to the truth off
the allegations contained in paragraph “25.”
7. Denies the allegations contained in paragraphs “26” and “27.”
AS AND FOR A RESPONSE TO THE CAUSE OF ACTION FOR WRONGFUL DEATH
AGAISNT THE DEFENDANTS, THIS ANSWERING DEFENDANT RESPONSES AS
FOLLOWS:
8 In response to paragraph “28,” repeats each admission or denial contained in]
paragraphs “1” through “27” herein as though fully set forth hereat.
9 Denies the allegations contained paragraphs “29,” “30,” and “31.”
{01614602,DOCX } -2-
AS AND FOR A RESPONSE TO THE CAUSE OF ACTION AGAINST ILAN SHAPIRA,
M.D., MICHAEL FELSEN, M.D., KARLEUNG SIU, M.D., MAI K, KAGA, M.D., JAMES F.
WINCHESTER, M.D., ERIN P. PATTON, M.D., NIKKI D. TANG, M.D., NIKOLAS B.
HARBORD, M.D., RICHARD AMERLING, M.D., AVANTUS RENAL THERAPY NEW
YORK, LLC, CHRISTINA K. NADAR, M.D., ANKIT R. SHAH, M.D., PATRICE SONARA
M.D. and PATRICIA DHARAPEK, M.D., THIS ANSWERING DEFENDANT RESPONDS
AS FOLLOWS;
10. In response to paragraph “32,” repeats each admission or denial contained in|
paragraphs “1” through “31” herein as though fully set forth hereat.
ll. Denies the knowledge or information sufficient to form a belief as to the truth of
the allegations contained in paragraphs “33,” 34,” “35,” “36,” “37,” “38.” “39,” “40,” “41,”
49 ©4329 44. 4g? 650." 45]7 59 > 653 Sg> 4557 56,7 457." 58, 50." G0," “61,”
62,” 63," “64,” “65,” “66,” “67,” “68,” “69,” #70,” 71," ©72, “73,” 74," “75,” “76,” $77,
787 ©79." “BO.” BL” “BI” “83” “Bd.” 785. “86,” 87.” and “88.”
12. Denies the allegations contained in paragraphs “45,” “46,” “47,” “and “48,” in the
form alleged except admits that MAI K. KAGA, M.D. was a resident employed at BETH!
ISRAEL MEDICAL CENTER in the State of New York and provided care and treatment in her
capacity as a resident, within good and accepted practice, to those members of the public seeking}
such care and treatment, including plaintiff decedent and refers all questions of law and fact to
this Honorable Court and all questions concerning the care and treatment rendered to plaintiff
decedent to the medical records and/or hospital charts.
13. Denies the allegations contained in paragraphs “89,” “90,” “91,” and “92.”
AS AND FOR A RESPONSE TO THE CAUSE OFACTION ON BEHALF OF PAUL
MINDOLOVICH, THIS ANSWERING DEFENDANT RESPONDS AS FOLLOWS:
14. In response to paragraph “94,” repeats each admission or denial contained in
Paragraphs “1” through “93” herein as though fully set forth hereat.
{01614602,.DOCX} 3-
15. Denies the knowledge or information sufficient to form a belief as to the truth of
the allegations contained in paragraph “95.”
16. Denies the allegations contained in paragraphs “96” and “97.”
AS AND FOR A RESPONSE TO THE CAUSE OF ACTION FOR WRONGFUJL DEATH
AGAINST THE DEFENDANTS, THIS ANSWERING DEFENDANT
RESPONDS AS FOLLOWS:
17. In response to paragraph “98,” repeats each admission or denial contained in
paragraphs “1” through “97” herein as though fully set forth hereat.
18. Denies the allegations contained in paragraphs “99,” 100” and “101.”
CPER ARTICLE 16 ALLEGATIONS:
19 Denies the allegations contained in paragraph “102.”
AS AND FOR A FIRST DEFENSE
20, The liability of the answering defendant(s), if any, is limited pursuant to CPLR
Article 16,
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
21 That the plaintiffs fail to state legally sufficient causes of action based upon
plaintiffs’ counsel’s failure to provide a Certificate of Merit.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
22. The cause(s) of action set forth in plaintiff's Complaint are barred inasmuch as
suit was not instituted within the 2% year-time period prescribed by all applicable Statute of
Limitations pursuant to CPLR § 214-a.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
23, That the injuries claimed by plaintiff in the complaint were cause in whole or in
part, by the culpable conduct of the plaintiff which either bars the claims completely or else
{01614602,DOCX } -4.
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 FOURTH AFFIRMATIVE DEFENSE
24, The party plaintiff, PAUL MINDOLOVITCH, as Proposed Administrator, lacks
the legal capacity to sue.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
25, 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.
WHEREFORE, defendant, MAI K. KAGA, M.D., demands judgment dismissing
the Verifieéd Complaint, together with the costs and disbursements of the within action.
Dated: New York, New York
March 30, 2015
In. ila
Yo
BY:’Theresa M. Di Martino
AARONSON RAPPAPORT FEINSTEIN &
DEUTSCH, LLP
Attorneys for Defendant
MAT K. KAGA, M.D.
Office & P.O. Address
600 Third Avenue
New York, NY 10016
212-593-6700
To: SILVER & KELMACHTER, LLP
Attorneys for Plaintiff(s)
11 Park Place, 12th Floor, Suite 1214
New York, New York 10007
(212) 661-8400
{01614602.DOCX } 5.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No . 805401/14
PAUL MINDOLOVITCH, as proposed Administrator of the Estate of
MONICA MINDOLOVITCH, deceased, and PAUL MINDOLOVITCH,
individually and as parent and natural guardian of ROBERT
MINDOLOVITCH, a minor, and SIMONE MINDOLOVITCH, a minor,
Plaintiff,
- against -
MOUNT SINAI BETH ISRAEL MEDICAL CENTER of THE MOUNT
SINAI HEALTH SYSTEM, CONTINUUM HEALTH PARTNERS, INC.,
{LAN SHAPIRA, MD, MICHAEL FELSEN, MD, KARLEUNG SIU, MD,
MALK. KAGA, MD, JAMES F. WINCHESTER, MD, ERIN P. PATTON,
MD, NIKKI D. TANG, MD, NIKOLAS B. HARBORD, MD, RICHARD
AMERLING, MD, AVANTUS RENAL THERAPY NEW YORK, LLC,
CHRISTINA K. NADAR, MD, ANKIT R. SHAH, MD, PATRICE SONARA,
MD and PATRICIA DHARAPEK, MD,
Defendants.
VERIFIED ANSWER ON BEHALF OF DEFENDANT MAI K. KEGA, M.D.
AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP
Defendants
MICHAEL FELSEN, M.D., MAI K. KEGA, M.D., JAMES F. WINCHESTER, W.D.,
CHRISTINA K. NADAR, M.D. and PATRICIA DHARAPEK, M.D.
Office and Post Address
600 Third Avenue
New York, NY 10016
212-593-6700
To: ALL PARTIES
{01614686.DOCX }
Preview
(FILED: NEW YORK COUNTY CLERK 0470872015 11:11 AM INDEX..NO.. 805401/2014 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 04/08. 2015 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF NEW YORK x PAUL MINDOLOVITCH, as proposed Administrator of the Estate of MONICA. MINDOLOVITCH, deceased, and PAUL VERIFIED ANSWER ON BEHALF MINDOLOVITCH, individually and as parent and OF DEFENDANT MAI K. KAGA, natural guardian of ROBERT MINDOLOVITCH, a MD. minor, and SIMONE MINDOLOVITCH, a minor, Index No. 805401/14 Plaintiff, - against - MOUNT SINAI BETH ISRAEL MEDICAL CENTER of THE MOUNT SINAI HEALTH SYSTEM; CONTINUUM HEALTH PARTNERS, INC., ILAN SHAPIRA, MD, MICHAEL FELSEN, MD, KARLEUNG SIU, MD, MAI K. KAGA, MD, JAMES F. WINCHESTER, MD, ERIN P. PATTON, MD, NIKKI D, TANG, MD, NIKOLAS B. HARBORD, MD, RICHARD AMERLING, MD, AVANTUS RENAL THERAPY NEW YORK, LLC, CHRISTINA K. NADAR, MD, ANKIT R. SHAH, MD, PATRICE SONARA, MD and PATRICLA DHARAPEK, MD, Defendants. SIR/MADAM: Defendant, MAI K. KAGA, M.D.., by her attorneys, AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP, as and for his Verified Answer to plaintiff's Verified Complaint, respectfully shows to this Court and alleges upon information and belief: 1 Denies the knowledge or information sufficient to form a belief as to the truth off the allegations found in paragraphs “1,” “2,” “3,” “4” and “5.” 2 Denies the allegations contained in paragraphs “6,” “7,” “8,” “10,” “11,” and} “12,” except admits that BETH ISRAEL MEDICAL CENTER (s/h/a MOUNT SINAT BETH, ISRAEL MEDICAL CENTER OF THE MOUNT SINAJ HEALTH SYSTEM) is a not for profit {o1614602,D0CX} hospital, existing pursuant to the laws of the State of New York, located at, among other} locations, 16 Street and 1* Avenue, New York, New York; appropriately staffed and equipped to render care and treatment to those members of the public seeking such care and treatment and} respectfully refer all questions of law and fact to this Honorable Court. 3 Denies the allegations contained in paragraphs “9,” “13,” “14,” “15,” “16,” “17,” and “18,” in the form alleged, except admits that CONTINUUM HEALTH PARTNERS, INC, was a corporation existing pursuant to the laws of the State of New York and that the plaintiff decedent had been a patient at BETH ISRAEL MEDICAL CENTER and respectfully refers all questions of law and fact to this Honorable Court and all questions pertaining to the care and! treatment to the plaintiff decedent to the medical records and/or hospital charts. 4 Denies the allegations contained in paragraphs “19,” “20,” “21,” “22” and “23.” AS AND FOR A RESPONSE TO THE CAUSE OF ACTION ON BEHALF OF PAUL MINDOLOVITCH, THIS ANSWERING DEFENDANT RESPONDS AS FOLLOWS: 5 In response to paragraph “24,” repeats each admission or denial contained in| paragraphs “1” through “23” herein as though fully set forth hereat. 6. Denies the knowledge or information sufficient to form a belief as to the truth off the allegations contained in paragraph “25.” 7. Denies the allegations contained in paragraphs “26” and “27.” AS AND FOR A RESPONSE TO THE CAUSE OF ACTION FOR WRONGFUL DEATH AGAISNT THE DEFENDANTS, THIS ANSWERING DEFENDANT RESPONSES AS FOLLOWS: 8 In response to paragraph “28,” repeats each admission or denial contained in] paragraphs “1” through “27” herein as though fully set forth hereat. 9 Denies the allegations contained paragraphs “29,” “30,” and “31.” {01614602,DOCX } -2- AS AND FOR A RESPONSE TO THE CAUSE OF ACTION AGAINST ILAN SHAPIRA, M.D., MICHAEL FELSEN, M.D., KARLEUNG SIU, M.D., MAI K, KAGA, M.D., JAMES F. WINCHESTER, M.D., ERIN P. PATTON, M.D., NIKKI D. TANG, M.D., NIKOLAS B. HARBORD, M.D., RICHARD AMERLING, M.D., AVANTUS RENAL THERAPY NEW YORK, LLC, CHRISTINA K. NADAR, M.D., ANKIT R. SHAH, M.D., PATRICE SONARA M.D. and PATRICIA DHARAPEK, M.D., THIS ANSWERING DEFENDANT RESPONDS AS FOLLOWS; 10. In response to paragraph “32,” repeats each admission or denial contained in| paragraphs “1” through “31” herein as though fully set forth hereat. ll. Denies the knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs “33,” 34,” “35,” “36,” “37,” “38.” “39,” “40,” “41,” 49 ©4329 44. 4g? 650." 45]7 59 > 653 Sg> 4557 56,7 457." 58, 50." G0," “61,” 62,” 63," “64,” “65,” “66,” “67,” “68,” “69,” #70,” 71," ©72, “73,” 74," “75,” “76,” $77, 787 ©79." “BO.” BL” “BI” “83” “Bd.” 785. “86,” 87.” and “88.” 12. Denies the allegations contained in paragraphs “45,” “46,” “47,” “and “48,” in the form alleged except admits that MAI K. KAGA, M.D. was a resident employed at BETH! ISRAEL MEDICAL CENTER in the State of New York and provided care and treatment in her capacity as a resident, within good and accepted practice, to those members of the public seeking} such care and treatment, including plaintiff decedent and refers all questions of law and fact to this Honorable Court and all questions concerning the care and treatment rendered to plaintiff decedent to the medical records and/or hospital charts. 13. Denies the allegations contained in paragraphs “89,” “90,” “91,” and “92.” AS AND FOR A RESPONSE TO THE CAUSE OFACTION ON BEHALF OF PAUL MINDOLOVICH, THIS ANSWERING DEFENDANT RESPONDS AS FOLLOWS: 14. In response to paragraph “94,” repeats each admission or denial contained in Paragraphs “1” through “93” herein as though fully set forth hereat. {01614602,.DOCX} 3- 15. Denies the knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “95.” 16. Denies the allegations contained in paragraphs “96” and “97.” AS AND FOR A RESPONSE TO THE CAUSE OF ACTION FOR WRONGFUJL DEATH AGAINST THE DEFENDANTS, THIS ANSWERING DEFENDANT RESPONDS AS FOLLOWS: 17. In response to paragraph “98,” repeats each admission or denial contained in paragraphs “1” through “97” herein as though fully set forth hereat. 18. Denies the allegations contained in paragraphs “99,” 100” and “101.” CPER ARTICLE 16 ALLEGATIONS: 19 Denies the allegations contained in paragraph “102.” AS AND FOR A FIRST DEFENSE 20, The liability of the answering defendant(s), if any, is limited pursuant to CPLR Article 16, AS AND FOR A FIRST AFFIRMATIVE DEFENSE 21 That the plaintiffs fail to state legally sufficient causes of action based upon plaintiffs’ counsel’s failure to provide a Certificate of Merit. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 22. The cause(s) of action set forth in plaintiff's Complaint are barred inasmuch as suit was not instituted within the 2% year-time period prescribed by all applicable Statute of Limitations pursuant to CPLR § 214-a. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 23, That the injuries claimed by plaintiff in the complaint were cause in whole or in part, by the culpable conduct of the plaintiff which either bars the claims completely or else {01614602,DOCX } -4. 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 FOURTH AFFIRMATIVE DEFENSE 24, The party plaintiff, PAUL MINDOLOVITCH, as Proposed Administrator, lacks the legal capacity to sue. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 25, 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. WHEREFORE, defendant, MAI K. KAGA, M.D., demands judgment dismissing the Verifieéd Complaint, together with the costs and disbursements of the within action. Dated: New York, New York March 30, 2015 In. ila Yo BY:’Theresa M. Di Martino AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant MAT K. KAGA, M.D. Office & P.O. Address 600 Third Avenue New York, NY 10016 212-593-6700 To: SILVER & KELMACHTER, LLP Attorneys for Plaintiff(s) 11 Park Place, 12th Floor, Suite 1214 New York, New York 10007 (212) 661-8400 {01614602.DOCX } 5. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No . 805401/14 PAUL MINDOLOVITCH, as proposed Administrator of the Estate of MONICA MINDOLOVITCH, deceased, and PAUL MINDOLOVITCH, individually and as parent and natural guardian of ROBERT MINDOLOVITCH, a minor, and SIMONE MINDOLOVITCH, a minor, Plaintiff, - against - MOUNT SINAI BETH ISRAEL MEDICAL CENTER of THE MOUNT SINAI HEALTH SYSTEM, CONTINUUM HEALTH PARTNERS, INC., {LAN SHAPIRA, MD, MICHAEL FELSEN, MD, KARLEUNG SIU, MD, MALK. KAGA, MD, JAMES F. WINCHESTER, MD, ERIN P. PATTON, MD, NIKKI D. TANG, MD, NIKOLAS B. HARBORD, MD, RICHARD AMERLING, MD, AVANTUS RENAL THERAPY NEW YORK, LLC, CHRISTINA K. NADAR, MD, ANKIT R. SHAH, MD, PATRICE SONARA, MD and PATRICIA DHARAPEK, MD, Defendants. VERIFIED ANSWER ON BEHALF OF DEFENDANT MAI K. KEGA, M.D. AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Defendants MICHAEL FELSEN, M.D., MAI K. KEGA, M.D., JAMES F. WINCHESTER, W.D., CHRISTINA K. NADAR, M.D. and PATRICIA DHARAPEK, M.D. Office and Post Address 600 Third Avenue New York, NY 10016 212-593-6700 To: ALL PARTIES {01614686.DOCX }