FILED: DELAWARE COUNTY CLERK 08/04/2022 09:58 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-456
`
`RECEIVED NYSCEF: 08/04/2022
`
`STATE OF NEW YORK
`COUNTY OF DELAWARE
`
`SUPREME COURT
`
`_________________________________________________________
`
`JENNIFER BIRUK and ARCHIE BIRUK,
`
`-against-
`
`Plaintiffs,
`
`MARGARETVILLE MEMORIAL HOSPITAL,
`a/k/a MARGARETVILLE HOSPITAL,
`WMC HEALTH NETWORK a/k/a
`WESTCHESTER MEDICAL CENTER HEALTH NETWORK
`a/k/a WMC HEALTH,
`DAVID MICHAELSON, PA, and
`KHURRAM FAROOQ, MD,
`
`SUMMONS
`
`INDEX NO.:
`
`
`Defendants.
`_________________________________________________________
`
`TO THE ABOVE-NAMED DEFENDANTS:
`
`YOU ARE HEREBY SUMMONED and required to serve upon Plaintiffs’ attorneys an
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`answer to the complaint in this action within twenty (20) days after the service of this summons,
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`exclusive of the day of service, or within thirty (30) days after service is complete if this summons
`
`is not personally delivered to you within the State of New York. In case of your failure to answer,
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`judgment will be taken against you by default for the relief demanded in the complaint.
`
`Plaintiffs designate Delaware County as the place of trial. The basis of venue as designated
`
`above is plaintiffs are residents of the County of Delaware, State of New York.
`
`DATED: August 4, 2022
`
`By:______________________________________
`Thomas J. Mortati, Esq.
`MARTIN, HARDING AND MAZZOTTI, LLP
`Attorneys for Plaintiffs
`1 Wall Street
`P.O. Box 15141
`Albany, New York 12212-5141
`(518) 862-1200
`
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`FILED: DELAWARE COUNTY CLERK 08/04/2022 09:58 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-456
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`RECEIVED NYSCEF: 08/04/2022
`
`
`TO: Margaretville Memorial Hospital
`a/k/a Margaretville Hospital
`42084 State Highway 28
`Margaretville, NY 12455
`
`WMC Health Network a/k/a
`Westchester Medical Center Health Network
`a/k/a WMC Health
`100 Woods Road
`Valhalla, NY 10595
`
`David Michaelson, PA
`c/o Margaretville Hospital
`42084 State Highway 28
`Margaretville, NY 12455
`
`Khurram Farooq, MD
`c/o Margaretville Hospital
`42084 State Highway 28
`Margaretville, NY 12455
`
`
`
`
`
`
`
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`2
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`2 of 14
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`FILED: DELAWARE COUNTY CLERK 08/04/2022 09:58 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-456
`
`RECEIVED NYSCEF: 08/04/2022
`
`
`
`Plaintiffs,
`
`COMPLAINT
`
`INDEX NO.:
`
`STATE OF NEW YORK
`COUNTY OF DELAWARE
`
`SUPREME COURT
`
`_________________________________________________________
`
`JENNIFER BIRUK and ARCHIE BIRUK,
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`MARGARETVILLE MEMORIAL HOSPITAL
`a/k/a MARGARETVILLE HOSPITAL,
`WMC HEALTH NETWORK a/k/a
`WESTCHESTER MEDICAL CENTER HEALTH NETWORK
`a/k/a WMC HEALTH,
`DAVID IVAN MICHAELSON, PA, and
`KHURRAM FAROOQ, MD,
`
`Defendants.
`
`
`
`
`
`_________________________________________________________
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiffs, Jennifer Biruk and Archie Biruk, complaining of the Defendants, by and through
`
`their attorneys, Martin, Harding and Mazzotti, LLP, respectfully allege as follows:
`
`1.
`
`That at all times hereinafter mentioned, Plaintiffs, Jennifer Biruk and Archie Biruk,
`
`were and still are residents of Margaretville, County of Delaware, State of New York.
`
`2.
`
`That at all times hereinafter mentioned, Plaintiff, Jennifer Biruk and Archie Biruk,
`
`were and are husband and wife.
`
`3.
`
`Upon information and belief, at all times hereinafter mentioned, Defendant,
`
`Margaretville Memorial Hospital a/k/a Margaretville Hospital, was and still is a domestic not-for-
`
`profit corporation existing pursuant to the laws of the State of New York under NYS DOS ID#
`
`35904 with a principal place of business located at 42084 State Highway 28, Margaretville, New
`
`York, County of Delaware, State of New York.
`
`4.
`
`Upon information and belief, at all times hereinafter mentioned, Defendant, WMC
`
`Health Network, a/k/a Westchester Medical Center Health Network, a/k/a WMC Health, with
`1
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`FILED: DELAWARE COUNTY CLERK 08/04/2022 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. EF2022-456
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`RECEIVED NYSCEF: 08/04/2022
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`principal offices located at 100 Woods Road, Valhalla, New York, was and is a healthcare provider
`
`network including various hospitals and providers under its supervision, direction, control and/or
`
`aegis, including defendant, Margaretville Memorial Hospital a/k/a Margaretville Hospital, which
`
`hospital it owns, manages supervises and/or controls including said hospital’s physicians,
`
`physicians assistants, nurses, providers, agents, servants and/or employees.
`
`5.
`
` Upon information and belief, at all times hereinafter mentioned, Defendant, David
`
`Ivan Michaelson, PA, was and still is a physician assistant duly licensed to practice in the State of
`
`New York under license # 009987 issued June 4, 2004 and was and still is an agent, servant and/or
`
`employee of the defendants and was providing medical care and treatment through the Emergency
`
`Department at Margaretville Memorial Hospital a/k/a Margaretville Hospital at all times
`
`hereinafter mentioned.
`
`6.
`
`Upon information and belief, at all times hereinafter mentioned, Defendant,
`
`Khurram Farooq, MD was and still is a medical doctor duly licensed to practice medicine in the
`
`State of New York, under License No.: 295723, and having been duly licensed in the State of New
`
`York in 2018 and specializing in family medicine and practiced medicine at defendant,
`
`Margaretville Memorial Hospital a/k/a Margaretville Hospital, and was and still is an agent,
`
`servant and/or employee of the defendants.
`
`7.
`
`Upon information and belief, at all times hereinafter mentioned, Defendant,
`
`Margaretville Memorial Hospital a/k/a Margaretville Hospital, owned, operated, managed and
`
`maintained a hospital located at 42084 State Highway 28, Margaretville, New York, County of
`
`Delaware, State of New York otherwise known as Margaretville Hospital.
`
`8.
`
`Upon information and belief, Defendants, Margaretville Memorial Hospital a/k/a
`
`Margaretville Hospital, hired, employed and/or granted privileges to physicians, physicians
`
`
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`2
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`FILED: DELAWARE COUNTY CLERK 08/04/2022 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. EF2022-456
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`RECEIVED NYSCEF: 08/04/2022
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`assistants, nurses and other medical professionals to evaluate and treat patients such as Plaintiff,
`
`Jennifer Biruk, in its hospital.
`
`9.
`
`Upon information and belief, Defendants, Margaretville Memorial Hospital a/k/a
`
`Margaretville Hospital, held these physicians, physicians assistants, nurses and other medical
`
`professionals employed by Margaretville Memorial Hospital a/k/a Margaretville Hospital, out as
`
`performing the services it offers and competent to perform said services.
`
`10.
`
`Upon information and belief, at all times hereinafter mentioned, Defendant, WMC
`
`Health Network, a/k/a Westchester Medical Center Health Network, a/k/a WMC Health,
`
`Defendant, was and still is a healthcare provider network and multispecialty practice of doctors,
`
`nurse practitioners and physician assistants, including various hospitals and medical providers
`
`under its supervision, direction, control and/or aegis, including defendant, Margaretville Memorial
`
`Hospital a/k/a Margaretville Hospital, which hospital it owns, manages supervises and/or controls
`
`including said hospital’s physicians, physicians assistants, nurses and other medical professionals
`
`and agents, servants and/or employees.
`
`11.
`
`Upon information and belief, at all times hereinafter mentioned, Defendant, WMC
`
`Health Network, a/k/a Westchester Medical Center Health Network, a/k/a WMC Health, operated,
`
`managed, controlled and maintained a multispecialty practice of doctors, nurse practitioners and
`
`physician assistants and hospitals organized and existing pursuant to the laws of the State of New
`
`York and with a principal place of business located at 100 Woods Road, Valhalla, New York.
`
`12.
`
`Upon information and belief, Defendant, WMC Health Network, a/k/a Westchester
`
`Medical Center Health Network, a/k/a WMC Health Saratoga Hospital Medical Group, hired,
`
`employed and/or granted privileges to physicians, physician assistants, nurses and other medical
`
`professionals to evaluate and treat patients such as Plaintiff, Jennifer Biruk.
`
`
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`3
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`5 of 14
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`FILED: DELAWARE COUNTY CLERK 08/04/2022 09:58 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-456
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`RECEIVED NYSCEF: 08/04/2022
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`13.
`
`Upon information and belief, Defendant, WMC Health Network, a/k/a Westchester
`
`Medical Center Health Network, a/k/a WMC Health, held these physicians, physician assistants,
`
`nurses and other medical professionals employed by it as performing the services it offers and
`
`competent to perform said services.
`
`14.
`
`Upon information and belief, at all times hereinafter mentioned, Defendant, David
`
`Ivan Michaelson, PA was and still is an employee, agent, member and/or servant of Defendants,
`
`Margaretville Memorial Hospital a/k/a Margaretville Hospital and /or WMC Health Network,
`
`a/k/a Westchester Medical Center Health Network, a/k/a WMC Health.
`
`15.
`
` Upon information and belief, at all times hereinafter mentioned, Defendant,
`
`Khurram Farooq, MD was and still is an employee, agent, member and/or servant of Defendants,
`
`Margaretville Memorial Hospital a/k/a Margaretville Hospital and/or, WMC Health Network,
`
`a/k/a Westchester Medical Center Health Network, a/k/a WMC Health.
`
`16.
`
`Upon information and belief, at all times hereinafter mentioned, Defendant,
`
`Khurram Farooq, MD was the admitting and attending physician for plaintiff, Jennifer Biruk, and
`
`was the supervising physician for defendant, David Ivan Michaelson, PA for care and treatment
`
`rendered to plaintiff, Jennifer Biruk on or about January 10, 2021 at Margaretville Hospital.
`
`17.
`
`Upon information and belief, defendants agreed to evaluate, care for and treat
`
`plaintiff for good and valuable consideration.
`
`18.
`
`Upon information and belief, at approximately midnight on January 10, 2021,
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`Plaintiff, Jennifer Biruk, presented to the defendants at the Margaretville Hospital Emergency
`
`Department with complaints that included severe bilateral neck pain with swelling.
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`6 of 14
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`FILED: DELAWARE COUNTY CLERK 08/04/2022 09:58 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-456
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`RECEIVED NYSCEF: 08/04/2022
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`19.
`
`Upon information and belief, on or about January 10, 2021, plaintiff, Jennifer
`
`Biruk, underwent a nursing triage evaluation by Tisha Runyan, RN in the Emergency Department
`
`at Margaretville Hospital at approximately 0003.
`
`20.
`
`Upon information and belief, on or about January 10, 2021, plaintiff, Jennifer
`
`Biruk’s mode of arrival to the emergency department was noted to be “Mode of Arrival:
`
`Ambulatory” with “Arrival D/T: 01/09/2021 23:58” and “Triage D/T 01/10/2021 00:03” as noted
`
`in the Margaretville Hospital Emergency Department record.
`
`21.
`
`Upon information and belief, on or about January 10, 2021, plaintiff, Jennifer
`
`Biruk’s “Principal Complaint” as noted in the Margaretville Hospital Emergency Department
`
`record was “Neck swelling/pain” and that the “Patient Narrative” as noted in the Margaretville
`
`Hospital Emergency Department record was “Pt ambulatory into ED c/o severe neck pain that
`
`radiates into her shoulders/scapula that started 3 hours ago after she lifted her granddaughter. Pt
`
`reports that she took Tylenol Pm at 2230 with no relief (RUNYAN, TISHA 01/10/2021 00:07)”.
`
`22.
`
` Upon information and belief, on or about January 10, 2021, plaintiff, Jennifer
`
`Biruk’s pain Assessment as noted in the Margaretville Hospital Emergency Department record
`
`was noted to be “Pain Assessment Score: 10”, “Scale: Numeric” and “Location: Neck”.
`
`23.
`
` Upon information and belief, on or about January 10, 2021, plaintiff, Jennifer
`
`Biruk, came under the care and treatment of defendant, David Ivan Michaelson, PA and defendant,
`
`Khurram Farooq, MD, in the Emergency Department at Margaretville Hospital.
`
`24.
`
`Upon information and belief, on or about January 10, 2021, defendant, David Ivan
`
`Michaelson, PA evaluated plaintiff, Jennifer Biruk in the Emergency Department at Margaretville
`
`Hospital.
`
`
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`5
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`7 of 14
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`FILED: DELAWARE COUNTY CLERK 08/04/2022 09:58 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-456
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`RECEIVED NYSCEF: 08/04/2022
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`25.
`
` Upon information and belief, the Margaretville Hospital Emergency Department
`
`record listed, “Physicians” for Jennifer Biruk’s presentation on January 10, 2021 as “Admitting –
`
`Khurram Farooq”, “Attending – Khurram Farooq”, “Ordering – David Michaelson” as per the
`
`Margaretville Hospital Emergency Department record.
`
`26.
`
`Upon information and belief, on or about January 10, 2021, and per the
`
`Margaretville Hospital Emergency Department record, defendant, David Ivan Michaelson, PA
`
`initially saw the plaintiff, Jennifer Biruk, at approximately 00:14 on January 10, 2021.
`
`27.
`
` Upon information and belief, on or about January 10, 2021, and per the
`
`Margaretville Hospital Emergency Department record, defendant, David Ivan Michaelson, PA
`
`noted a “Chief Complaint: Neck Pain” and recorded a history as follows: “History: This is a 39-
`
`year-old female presenting to the ED complaining of severe bilateral neck pain with radiation to
`
`bilateral upper extremities and paresthesias. She states approximately 3 hours ago she lifted up
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`her granddaughter felt a small tweaking in her neck with progressively worsening pain. The pain
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`is made worse with flexion of the neck. Denies any actual numbness or weakness in upper
`
`extremities. She does have a family history of early arthritis. She states that she did take Tylenol
`
`p.m. Without relief. She also endorses being on Coumadin, is unable to take NSAIDs.”
`
`28.
`
`Upon information and belief, on or about January 10, 2021, defendant, David Ivan
`
`Michaelson, PA diagnosed plaintiff, Jennifer Biruk, in the Emergency Department at Margaretville
`
`Hospital with “ED Diagnosis: Cervical strain with bilateral radiculopathy” and noted “Condition:
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`Improved” and noted further that she was “treated with Flexeril 10 mg once in the ED” which
`
`medication was administered by Tisha Runyan, RN at 0024.
`
`29.
`
` Upon information and belief, on or about January 10, 2021, defendant, David Ivan
`
`Michaelson, PA electronically signed the Emergency Department record at 0021 and plaintiff was
`
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`FILED: DELAWARE COUNTY CLERK 08/04/2022 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. EF2022-456
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`RECEIVED NYSCEF: 08/04/2022
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`discharged to home at 00:30 on January 10, 2021 as recorded in the Margaretville Hospital
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`Emergency Department record with a “Mode Of Discharge Wheelchair”.
`
`30.
`
`Upon information and belief, plaintiff, Jennifer Biruk, was helped into her vehicle
`
`by a Margaretville Hospital nurse, believed to be Tisha Runyan, RN, at which time she complained
`
`of leg weakness which complaint was ignored.
`
`31.
`
`Upon information and belief, during plaintiff’s 30 minute presentation to the
`
`Margaretville Hospital Emergency Department on January 10, 2021 leading up to her discharge at
`
`or about 00:30, no imaging or laboratory studies were done.
`
`32.
`
`Upon information and belief, plaintiff and/or her family members, contacted the
`
`Margaretville Hospital Emergency Department at or about 04:00 on January 10, 2021 to report
`
`that the plaintiff, Jennifer Biruk, was experiencing numbness in her extremities and were told by
`
`the Margaretville Hospital Emergency Department staff that this was likely due to the Flexeril that
`
`had been administered at the prior presentation to the Margaretville Hospital Emergency
`
`Department.
`
`33.
`
`Upon information and belief, plaintiff, Jennifer Biruk, returned to the Margaretville
`
`Hospital Emergency Department via ambulance at or about 05:19 on January 10, 2021 with
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`complaints of “paralysis from neck down”.
`
`34.
`
`Upon information and belief, plaintiff, Jennifer Biruk, was further evaluated by
`
`defendant, David Ivan Michaelson, PA and was diagnosed with “ED Diagnosis: Profound bilateral
`
`paralysis with dyspnea” and transferred urgently via ambulance to Albany Medical Center for
`
`further care and treatment.
`
`35.
`
` Upon information and belief, plaintiff, Jennifer Biruk, was evaluated later at
`
`Albany Medical Center and diagnosed with an epidural hematoma of the cervical spine with spinal
`
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`FILED: DELAWARE COUNTY CLERK 08/04/2022 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. EF2022-456
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`RECEIVED NYSCEF: 08/04/2022
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`cord compression and underwent emergency surgery on January 10, 2021 for evacuation of the
`
`hematoma at C3-C5.
`
`36.
`
`Upon information and belief, due to the insult to her spine, plaintiff was left an
`
`incomplete quadriplegic and was caused to experience great pain and suffering and was caused to
`
`require and undergo extensive additional medical care and treatment and will require significant
`
`and lifetime future medical care all due to the negligence of the defendants herein and without any
`
`fault on plaintiff’s part.
`
`
`
`AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANTS
`BASED UPON MEDICAL MALPRACTICE
`
`37.
`
`Plaintiffs repeat, reiterate and reallege each and every allegation contained in the
`
`
`
`Complaint herein, all with the same force and effect as though set forth fully at this point.
`
`38.
`
`On January 10, 2021 at approximately midnight plaintiff, Jennifer Biruk, presented
`
`to the Margaretville Hospital Emergency Department with complaints of severe neck pain and
`
`came under the care and treatment of the defendants herein.
`
`39.
`
`That at said time and place, the defendants, and/or their agents, servants and/or
`
`employees, undertook to care for, examine, diagnose, treat and advise the Plaintiff in connection
`
`with the physical condition from which she was suffering.
`
`40.
`
`That the defendants owed to the Plaintiff the duty of possessing and exercising that
`
`degree of learning, knowledge, skill and diligence ordinarily exercised by physicians, physician
`
`assistants, nurses and hospitals in the community, state and/or nation.
`
`41.
`
`Upon information and belief, and during the course of the care of plaintiff, Jennifer
`
`Biruk, defendants neglected to follow the accepted standards and procedures which were called
`
`for in the treatment and care of plaintiff, thereby failing to exercise due, ordinary and reasonable
`8
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`FILED: DELAWARE COUNTY CLERK 08/04/2022 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. EF2022-456
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`RECEIVED NYSCEF: 08/04/2022
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`learning, knowledge, skill, care and diligence ordinarily possessed and exercised by hospitals,
`
`medical centers, doctors, physician assistants, and/or nurses and medical staff in the community,
`
`state and/or nation.
`
`42.
`
`Upon information and belief, defendants were careless, negligent and reckless in
`
`their failure and omission to properly treat Plaintiff for the condition and illness from which she
`
`was suffering including failing to perform laboratory or imaging studies, failing to include spinal
`
`hematoma on a differential diagnosis, failing to perform a differential diagnosis, failing to
`
`administer Kcentra for urgent reversal of acquired coagulation deficiency with acute major
`
`bleeding and failing to provide plaintiff, Jennifer Biruk, with the best chance of treatment and
`
`therapy.
`
`43.
`
`Upon information and belief, defendants were negligent and deviated from
`
`accepted standards of medical care with respect to the care and treatment rendered to the plaintiff
`
`as detailed herein.
`
`44.
`
`Upon information and belief, defendants, Margaretville Memorial Hospital a/k/a
`
`Margaretville Hospital, WMC Health Network, a/k/a Westchester Medical Center Health
`
`Network, a/k/a WMC, David Ivan Michaelson, PA and Khurram Farooq, MD, their agents,
`
`servants and/or employees, were careless, negligent and reckless in their failure and omission to
`
`properly treat Plaintiff for the condition and illness from which she was suffering on January 10,
`
`2021.
`
`45.
`
`Upon information and belief, defendants, Margaretville Memorial Hospital a/k/a
`
`Margaretville Hospital, WMC Health Network, a/k/a Westchester Medical Center Health
`
`Network, a/k/a WMC, David Ivan Michaelson, PA and Khurram Farooq, MD, their agents,
`
`
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`9
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`FILED: DELAWARE COUNTY CLERK 08/04/2022 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. EF2022-456
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`RECEIVED NYSCEF: 08/04/2022
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`servants and/or employees, were negligent and deviated from accepted standards of medical care
`
`with respect to the care and treatment rendered to the Plaintiff as detailed herein.
`
`46.
`
`47.
`
`That plaintiffs also intend to rely on the doctrine of res ipsa loquitor.
`
`That the Plaintiff, Jennifer Biruk, has suffered permanent and severe pain,
`
`suffering, and mental anguish due to the medical malpractice of the Defendants herein.
`
`48.
`
`Upon information and belief, that the injuries to Plaintiff, Jennifer Biruk, including
`
`spinal compression, quadriplegia and resulting sequelae were caused by the negligence and the
`
`deviations from accepted standards of medical care by defendants.
`
`49.
`
`That the Plaintiff, Jennifer Biruk, has been compelled to undergo additional and
`
`prolonged medical care, surgeries and treatment that would have otherwise been unnecessary but
`
`for the negligence and/or malpractice of the defendants.
`
`50.
`
`That by reason of the foregoing medical malpractice and negligence of the
`
`defendants, the Plaintiff, Jennifer Biruk, was caused to suffer monetary damages which would
`
`exceed the jurisdictional limits of all lower or other courts which would otherwise have
`
`jurisdiction.
`
`AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANTS
`BASED UPON NEGLIGENCE
`
`51.
`
`Plaintiffs repeat, reiterate and reallege each and every allegation contained in the
`
`
`
`Complaint herein, all with the same force and effect as though set forth fully at this point.
`
`52.
`
`Upon information and belief, during the course of Plaintiff’s care, Defendants
`
`departed from good and accepted standards of medical practice in the care and treatment rendered
`
`to the Plaintiff in that they were negligent in hiring, training, instructing, retaining and/or
`
`supervising medical personnel who were careless, unskillful and negligent and who did not possess
`
`the requisite knowledge and skill of medical personnel in the community, state and/or nation.
`10
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`12 of 14
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`FILED: DELAWARE COUNTY CLERK 08/04/2022 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. EF2022-456
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`RECEIVED NYSCEF: 08/04/2022
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`53.
`
`That as a result of the Defendants’ negligence and without any negligence on the
`
`part of the Plaintiff contributing thereto, Plaintiff has suffered permanent and severe pain,
`
`suffering, and mental anguish.
`
`54.
`
`Upon information and belief, the defendants were negligent in failing to have in
`
`place proper protocols, policies and procedures pertaining to diagnosis and treatment of a spinal
`
`hematoma.
`
`55.
`
`That the Plaintiff, Jennifer Biruk, has been compelled to undergo additional and
`
`prolonged medical care, surgeries and treatment that would have otherwise been unnecessary and
`
`suffers from incomplete quadriplegia.
`
`56.
`
`That by reason of the foregoing negligence of the Defendants, the Plaintiff, Jennifer
`
`Biruk, was caused to suffer monetary damages which would exceed the jurisdictional limits of all
`
`lower courts which would otherwise have jurisdiction.
`
`AS AND FOR A THIRD CAUSE OF ACTION AGAINST DEFENDANTS
`
`
`57.
`
`Plaintiffs repeat, reiterate and reallege each and every allegation contained in the
`
`Complaint herein, all with the same force and effect as though set forth fully at this point.
`
`58.
`
`That at all times hereinafter mentioned, Plaintiff, Archie Biruk, was and is the
`
`spouse of the Plaintiff, Jennifer Biruk, and as such, lived and cohabited with her and was entitled
`
`to her society, services, consortium and companionship.
`
`59.
`
`By reason of said injuries to Plaintiff, Jennifer Biruk, Plaintiff, Archie Biruk, has
`
`been denied the care, protection, consideration, companionship, aid, sexual relations, solace and
`
`society of his spouse and that by reason of the foregoing loss of his spouse’s consortium, and/or
`
`has been required to attend to his spouse and assume some or all of his duties and responsibilities
`
`
`
`11
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`FILED: DELAWARE COUNTY CLERK 08/04/2022 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. EF2022-456
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`RECEIVED NYSCEF: 08/04/2022
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`such that Plaintiff, Archie Biruk, has been damaged in a sum that exceeds the jurisdictional limit
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`of all lower or other Courts.
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`WHEREFORE, the Plaintiffs hereby demand judgment against the Defendants, on the
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`First Cause of Action, Second Cause of Action and Third Cause of Action, in an amount in excess
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`of the monetary jurisdiction of all lower or other courts which would otherwise have jurisdiction
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`of this matter, together with the costs and disbursements of this action, and such other and further
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`relief as to this Court seems just and proper.
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`DATED: August 4, 2022
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`By:______________________________________
`Thomas J. Mortati, Esq.
`MARTIN, HARDING AND MAZZOTTI LLP
`Attorneys for Plaintiffs
`1 Wall Street
`Post Office Box 15141
`Albany, New York 12212-5141
`(518) 862-1200
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`12
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`14 of 14
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