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FILED: NEW YORK COUNTY CLERK 04/30/2014 INDEX NO. 805071/2014
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/30/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x
Index No.: 80507 1/2014
MAXIMINA TORRES and JAHMAL SAUVE
Plaintiffs,
VERIFIED ANSWER
-against
JIAN JENNY TANG, M.D., OBSTETRICS/
GYNECOLOGY FACULTY PRACTICE ASSOCIATES,
and MT. SINAI SCHOOL OF MEDICINE s/h/a MT. SINAI
MEDICAL CENTER,
Defendants.
x
Defendants, JIAN JENNY TANG, M.D., (hereinafter referred to as “defendant”),
by her attorneys, McALOON & FRIEDMAN, P.C., answering the plaintiffs complaint,
respectfully allege, upon information and belief, as follows:
ANSWERING THE FIRST CAUSE OF ACTION
1. Denies any knowledge or information sufficient to form a belief as to each and
every allegation set forth in paragraphs “1”, “3”, “7”, “8”, “9”, “10”, “1 1”, and “12” of the
complaint.
2. Denies each and every allegation set forth in paragraph “2” of the complaint.
3. Denies each and every allegation set forth in paragraphs “5” and “6” of the
complaint in the form alleged, but admit that defendant Jian Jenny Tang, M.D. is Board Certified
in Obstetrics and Gynecology.
4. Denies each and every allegation set forth in paragraphs “13”, “14”, and “1 5”of
the complaint in the form alleged and refers all questions of law and fact to the triers of law and
fact.
5. Denies each and every allegation set forth in paragraphs “16”, “17”, “18”, “19”,
and “20” of the complaint.
ANSWERING THE SECOND CAUSE OF ACTION
6. The defendant repeats and reiterates each and every denial or denial of knowledge
or information sufficient to form a belief as to each of the allegations of the complaint repeated
and realleged by plaintiff in paragraph “21” of the complaint.
7. Denies each and every allegation set forth in paragraphs “22”, “23”, and “24” of
the complaint
ANSWERING THE THIRD CAUSE OF ACTION
8. The defendant repeats and reiterates each and every denial or denial of knowledge
or information sufficient to form a belief as to each of the allegations of the complaint
repeated and realleged by plaintiff in paragraph “25” of the complaint.
9. Denies any knowledge or information sufficient to form a belief as to each and
every allegation set forth in paragraphs “26 and “27” of the complaint.
10. Denies each and every allegation set forth in paragraphs “28” and “29” of the
complaint.
AS AND FOR A FIRST, SEPARATE
AND DISTINCT AFFIRMATIVE DEFENSE:
11. The injuries and damages of the plaintiffs, for which these causes of action have
been instituted, were caused wholly or in part through the culpable conduct and contributory
negligence on the part of plaintiffs and therefore the amount of damages, if any, shall be
2
diminished in the proportion which said conduct attributable to plaintiff bears to the
defendant’ conduct, if any, which caused the damages.
AS AND FOR A SECOND, SEPARATE
AND DISTINCT AFFIRMATIVE DEFENSE:
12. Any verdict or judgment should be reduced by the amounts of past or future
collateral source reimbursements of alleged special damage pursuant to CPLR 4545(c).
AS AND FOR A THIRD, SEPARATE
AND DISTINCT AFFIRMATIVE DEFENSE:
13. The defendant’ liability, if any, islimited pursuant to CPLR 1600, et seq.
AS AND FOR A FOURTH, SEPARATE
AND DISTINCT AFFIRMATIVE DEFENSE:
14. Plaintiff’s second cause of action, if any, is barred pursuant to §2805-d of the
Public Health Law.
WHEREFORE, the defendant demands judgment dismissing plaintiffs complaint
together with the costs and disbursements of this action.
By:~K
DAVID G. KELTON,
(~t~ ESQ.
Attorneys for Defendant
JIAN JENNY TANG, M.D.
Office and P.O. Address
123 William St., 25th Floor
New York, NY 10038-3804
(212) 732-8700
Index No.: 805071 14
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
MAXIMINA TORRES and JAHMAL SAUVE,
Plaintiff,
-against -
JIAN JENNY TANG, M.D., OBSTETRICS
GYNECOLOGY FACULTY PRACTICE ASSOCIATES,
and MT. SINAI SCHOOL OF MEDICINE s/h/a MT. SINAI MEDICAL CENTER
Defendants.
VERIFIED ANSWER
McAloon & Friedman, P.C.
Attorneys for: JIAN JENNY TANG, M.D.
Office and Post Office Address, Telephone
123 William Street
New York, New York 10038-3804
(212) 732-8700 (212) 227-2903
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State,
certifies that, upon
4,
information and belief and reasonable inquiry, the contentions contained in the annexed
document are not frivolous. /
Dated: April 10, 2014 Signature: ‘~ C
Print Signer’s Name: DAVID C KELTON, ESQ.
To
Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated,
Attorney(s) for
Sir:-Please take notice
Notice of Entry that the withinis a (cert(fled) true copy of a duly entered in
the office of the clerk of the within named court on _________________20_
Notice of Settlement that an order of which the within is a true copy will be presented
for settlement to the HON. _____________________ on of the judges of the
within named court, at ________________________ on _______________20_
at
Dated, Yours, etc.
McAloon & Friedman, P.C.
Attorneys for
Office and Post Office Address, Telephone
123 William Street
New York, New York 10038-3804
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FILED: NEW YORK COUNTY CLERK 04/30/2014 INDEX NO. 805071/2014 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/30/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x Index No.: 80507 1/2014 MAXIMINA TORRES and JAHMAL SAUVE Plaintiffs, VERIFIED ANSWER -against JIAN JENNY TANG, M.D., OBSTETRICS/ GYNECOLOGY FACULTY PRACTICE ASSOCIATES, and MT. SINAI SCHOOL OF MEDICINE s/h/a MT. SINAI MEDICAL CENTER, Defendants. x Defendants, JIAN JENNY TANG, M.D., (hereinafter referred to as “defendant”), by her attorneys, McALOON & FRIEDMAN, P.C., answering the plaintiffs complaint, respectfully allege, upon information and belief, as follows: ANSWERING THE FIRST CAUSE OF ACTION 1. Denies any knowledge or information sufficient to form a belief as to each and every allegation set forth in paragraphs “1”, “3”, “7”, “8”, “9”, “10”, “1 1”, and “12” of the complaint. 2. Denies each and every allegation set forth in paragraph “2” of the complaint. 3. Denies each and every allegation set forth in paragraphs “5” and “6” of the complaint in the form alleged, but admit that defendant Jian Jenny Tang, M.D. is Board Certified in Obstetrics and Gynecology. 4. Denies each and every allegation set forth in paragraphs “13”, “14”, and “1 5”of the complaint in the form alleged and refers all questions of law and fact to the triers of law and fact. 5. Denies each and every allegation set forth in paragraphs “16”, “17”, “18”, “19”, and “20” of the complaint. ANSWERING THE SECOND CAUSE OF ACTION 6. The defendant repeats and reiterates each and every denial or denial of knowledge or information sufficient to form a belief as to each of the allegations of the complaint repeated and realleged by plaintiff in paragraph “21” of the complaint. 7. Denies each and every allegation set forth in paragraphs “22”, “23”, and “24” of the complaint ANSWERING THE THIRD CAUSE OF ACTION 8. The defendant repeats and reiterates each and every denial or denial of knowledge or information sufficient to form a belief as to each of the allegations of the complaint repeated and realleged by plaintiff in paragraph “25” of the complaint. 9. Denies any knowledge or information sufficient to form a belief as to each and every allegation set forth in paragraphs “26 and “27” of the complaint. 10. Denies each and every allegation set forth in paragraphs “28” and “29” of the complaint. AS AND FOR A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE: 11. The injuries and damages of the plaintiffs, for which these causes of action have been instituted, were caused wholly or in part through the culpable conduct and contributory negligence on the part of plaintiffs and therefore the amount of damages, if any, shall be 2 diminished in the proportion which said conduct attributable to plaintiff bears to the defendant’ conduct, if any, which caused the damages. AS AND FOR A SECOND, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE: 12. Any verdict or judgment should be reduced by the amounts of past or future collateral source reimbursements of alleged special damage pursuant to CPLR 4545(c). AS AND FOR A THIRD, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE: 13. The defendant’ liability, if any, islimited pursuant to CPLR 1600, et seq. AS AND FOR A FOURTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE: 14. Plaintiff’s second cause of action, if any, is barred pursuant to §2805-d of the Public Health Law. WHEREFORE, the defendant demands judgment dismissing plaintiffs complaint together with the costs and disbursements of this action. By:~K DAVID G. KELTON, (~t~ ESQ. Attorneys for Defendant JIAN JENNY TANG, M.D. Office and P.O. Address 123 William St., 25th Floor New York, NY 10038-3804 (212) 732-8700 Index No.: 805071 14 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MAXIMINA TORRES and JAHMAL SAUVE, Plaintiff, -against - JIAN JENNY TANG, M.D., OBSTETRICS GYNECOLOGY FACULTY PRACTICE ASSOCIATES, and MT. SINAI SCHOOL OF MEDICINE s/h/a MT. SINAI MEDICAL CENTER Defendants. VERIFIED ANSWER McAloon & Friedman, P.C. Attorneys for: JIAN JENNY TANG, M.D. Office and Post Office Address, Telephone 123 William Street New York, New York 10038-3804 (212) 732-8700 (212) 227-2903 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon 4, information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. / Dated: April 10, 2014 Signature: ‘~ C Print Signer’s Name: DAVID C KELTON, ESQ. To Attorney(s) for Service of a copy of the within is hereby admitted. Dated, Attorney(s) for Sir:-Please take notice Notice of Entry that the withinis a (cert(fled) true copy of a duly entered in the office of the clerk of the within named court on _________________20_ Notice of Settlement that an order of which the within is a true copy will be presented for settlement to the HON. _____________________ on of the judges of the within named court, at ________________________ on _______________20_ at Dated, Yours, etc. McAloon & Friedman, P.C. Attorneys for Office and Post Office Address, Telephone 123 William Street New York, New York 10038-3804