FILED: NASSAU COUNTY CLERK 11/21/2022 03:35 PM
`NYSCEF DOC. NO. 113
`
`INDEX NO. 606414/2020
`
`RECEIVED NYSCEF: 11/21/2022
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`-------------------------------------------------------------------X
`OSCAR OLIVO, as Administrator of the Estate of
`BALENTIN OLIVO, deceased and as Guardian of the
`Property of Angelina Marie Olivo,
`
`
`
`
`
`
`
`
`
`
`Index No.: 606414/2020
`
` Plaintiffs,
`
` -against-
`
`AFFIRMATION
`IN SUPPORT
`
`
`
`
`
`
`
`
`GOOD SAMARITAN HOSPITAL MEDICAL
`CENTER, THE NEW HORIZON COUNSELING
`CENTER, INC., NEW HORIZON COUNSELING
`CENTER and NICOLE TAVITIAN,
`
`
` Defendants.
`----------------------------------------------------------------X
`THE NEW HORIZON COUNSELING CENTER,
`INC., NEW HORIZON COUNSELING CENTER
`and NICOLE TAVITIAN,
`
` Defendants/Third-Party Plaintiffs,
`
` -against-
`
`NASSAU UNIVERSITY MEDICAL CENTER,
`
` Third Party Defendant.
`-----------------------------------------------------------------X
`GOOD SAMARITAN HOSPITAL CENTER,
`
` Defendant/Second Third-Party Plaintiff,
`
` -against-
`
`JALEES AHMED, M.D.
`
` Second Third-Party Defendant.
`-----------------------------------------------------------------X
`
`
`
`
`LOUISE FASANO, an attorney duly admitted to practice law before the Courts of the
`
`State of New York, affirms the following under the penalties of injury:
`
`
`
`1
`
`1 of 13
`
`

`

`FILED: NASSAU COUNTY CLERK 11/21/2022 03:35 PM
`NYSCEF DOC. NO. 113
`
`INDEX NO. 606414/2020
`
`RECEIVED NYSCEF: 11/21/2022
`
`
`
`1.
`
`I am Senior Counsel of
`
`the firm of MIRANDA SLONE SKLARIN
`
`VERVENIOTIS LLP, attorneys for the defendants THE NEW HORIZON COUNSELING
`
`CENTER, INC., THE NEW HORIZON COUNSELING CENTER and NICOLE TAVITIAN, in
`
`the above action and, as such, am fully familiar with the facts and circumstances herein from a
`
`review of the file maintained by this office.
`
`RELIEF REQUESTED
`
`
`
`2.
`
`I submit this Affirmation in support of the within Motion for an Order: (1) pursuant
`
`to CPLR §3212 granting defendants THE NEW HORIZON COUNSELING CENTER, INC., THE
`
`NEW HORIZON COUNSELING CENTER and NICOLE TAVITIAN summary judgment and
`
`dismissing the complaint and all cross-claims; (2) directing the Clerk to enter judgment in favor
`
`of THE NEW HORIZON COUNSELING CENTER, INC., THE NEW HORIZON
`
`COUNSELING CENTER and NICOLE TAVITIAN; and (3) for such other and further relief as
`
`this Court may deem just and proper.
`
`
`
`3.
`
`The allegations as to out-patient clinic, THE NEW HORIZON COUNSELING
`
`CENTER, INC. and THE NEW HORIZON COUNSELING CENTER (collectively “New
`
`Horizon”) and social worker NICOLE TAVITIAN (“Nicole Tavitian”) involve allegations of
`
`malpractice and negligence stemming from New Horizon’s and Nicole Tavitian’s care and
`
`treatment of the Plaintiff Decedent, Balentin Olivo, on June 26, 2018. The plaintiff alleges that
`
`New Horizon and Nicole Tavitian negligently and recklessly failed to properly treat the decedent
`
`on June 26, 2018 while he was allegedly suffering from severe and acute emotional and
`
`psychological distress having been hospitalized on June 25, 2018 and into June 26, 2018 for that
`
`very condition. It is further alleged that the defendants failed to provide and/or seek further
`
`evaluation, consultation with an appropriate psychiatrist and admittance for the decedent to an
`
`
`
`2
`
`2 of 13
`
`

`

`FILED: NASSAU COUNTY CLERK 11/21/2022 03:35 PM
`NYSCEF DOC. NO. 113
`
`INDEX NO. 606414/2020
`
`RECEIVED NYSCEF: 11/21/2022
`
`appropriate psychiatric hospital or other facility to assure that Plaintiff Decedent would not harm
`
`himself or others. Exhibit “B”.
`
`
`
`4.
`
`As will be argued herein, New Horizon and Nicole Tavitian appropriately treated
`
`and cared for the Plaintiff Decedent within accepted standards of medical practice.
`
`
`
`5.
`
`This motion is supported by the expert affirmation of Leslie Lucien Citrome, MD.,
`
`MPH, DLFAPA. A copy of Dr. Citrome’s Affirmation dated November 17, 2022 is annexed
`
`hereto as Exhibit “P”.
`
`
`
`6.
`
`For these reasons, and others, summary judgment must be granted in favor of New
`
`Horizon and Nicole Tavitian.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`7.
`
`The following are exhibits attached to this motion:
`
`EXHIBITS
`
`Summons and Complaint
`A:
`Good Samaritan’s Answer
`
`New Horizon and Nicole Tavitian’s Answer
`
`Third-Part Complaint
`
`Third-Party Answer
`
`Second Third-Party Complaint
`
`Second Third-Party Answer
`
`Bill of Particulars as to New Horizon and Nicole Tavitian
`B:
`New Horizon Counseling Center record for Balentin Olivo
`C:
`Good Samaritan Hospital record for Balentin Olivo
`D:
`Nassau University Medical Center record for Balentin Olivo
`E:
`Oscar Olivo’s Deposition Transcript (September 24, 2021, September 29, 2021,
`F:
`and October 8, 2021)
`
`G: Meghan McLeod’s Deposition Transcript
`H:
`Nicole Tavitian’s Deposition Transcript
`I:
`Vamsi M. Chiguripati, D.O.’s Deposition Transcript
`J:
`Jalees Ahmed, M.D.’s Deposition Transcript
`K: Marisol Olivo’s Deposition Transcript
`L:
`Maria Olivo’s Deposition Transcript (April 12, 2022 and May 18, 2022)
`M:
`Jonathan Grossman’s Deposition Transcript
`N:
`Ramon Olivo’s Deposition Transcript (July 7, 2022 and August 11, 2022)
`O:
`Note of Issue and Stipulation extending time to file summary judgment to
`
`November 21, 2022
`P:
`Dr. Citrome’s Affirmation
`
`3
`
`3 of 13
`
`

`

`FILED: NASSAU COUNTY CLERK 11/21/2022 03:35 PM
`NYSCEF DOC. NO. 113
`
`INDEX NO. 606414/2020
`
`RECEIVED NYSCEF: 11/21/2022
`
`PROCEDURAL HISTORY/STATEMENT OF FACTS
`
`
`
`8.
`
`In addition to the below, please see the attached Statement of Facts, dated
`
`November 21, 2022.
`
`
`
`9.
`
`This action was commenced on or about October 23, 2020, by filing a Summons
`
`and Verified Complaint in the Supreme Court, Nassau County. Exhibit “A”.
`
`
`
`10.
`
`Defendant Good Samaritan Hospital (“Good Samaritan”) served a Verified Answer
`
`on November 12, 2020. Defendant New Horizon and Nicole Tavitian served a Verified Answer
`
`on December 16, 2020. Exhibit “A”.
`
`
`
`11.
`
`On March 23, 2021, Plaintiff’s claims against Nassau University Medical Center
`
`(“NUMC”) were discontinued with prejudice. Upon Plaintiff’s discontinuance against NUMC, it
`
`was also stipulated that New Horizon’s crossclaims would be converted into a Third-Party action.
`
`On April 27, 2021, New Horizon and Nicole Tavitian filed a Third-Party Summons and NUMC.
`
`On May 12, 2021, NUMC filed a Third-Party Answer as to New Horizon and Nicole Tavitian’s
`
`Third-Party Complaint. Exhibit “A”
`
`
`
`12.
`
`On or about July 7, 2021, Good Samaritan commenced a Second Third-Party
`
`Action against Dr. Jalees Ahmed. On August 2, 2021, Dr. Ahmed served a Second Third-Party
`
`Answer. Exhibit “A”.
`
`
`
`13.
`
`On September 24 and 29, 2021, and October 8, 2021, Plaintiff Oscar Olivo
`
`appeared for a deposition. Exhibit “F”.
`
`
`
`14.
`
`On December 14, 2021, Meghan McLeod appeared for a deposition on behalf of
`
`Good Samaritan. Exhibit “G”.
`
`
`
`
`
`15.
`
`On December 16, 2021, Nicole Tavitian appeared for a deposition. Exhibit “H”.
`
`4
`
`4 of 13
`
`

`

`FILED: NASSAU COUNTY CLERK 11/21/2022 03:35 PM
`NYSCEF DOC. NO. 113
`
`INDEX NO. 606414/2020
`
`RECEIVED NYSCEF: 11/21/2022
`
`
`
`16.
`
`On December 29, 2021, Vamsi M. Chiguripati appeared for a deposition on behalf
`
`of NUMC. Exhibit “I”.
`
`17.
`
`On March 10, 2022, Dr. Jalees Ahmed appeared for a deposition. Exhibit “J”.
`
`18.
`
`On September 23, 2021, Marisol Olivo appeared for a nonparty deposition. Exhibit
`
`
`
`
`
`“K”.
`
`
`
`19.
`
`On September 23, 2021, April 12, 2022, and May 18, 2022 Maria Olivo appeared
`
`for a deposition. Exhibit “L”.
`
`
`
`20.
`
`On December 21, 2021, Jonathan Grossman appeared for a deposition on behalf of
`
`New Horizon. Exhibit “M”.
`
`
`
`21.
`
`On July 7, 2022 and August 11, 2022, Ramon Olivo appeared for a deposition.
`
`Exhibit “N”.
`
`
`
`22.
`
`The Note of Issue was filed on January 10, 2022. Pursuant to the Court’s Order dated
`
`October 20, 2022, this Summary Judgment Motion has been timely made. Exhibit “O”.
`
`LEGAL ARGUMENT
`
`
`
`23.
`
`Please refer to the Memorandum of Law of Louise Fasano dated November 18,
`
`2022 for an analysis of the relevant cases.
`
`SUMMARY OF GROUNDS FOR RELIEF SOUGHT
`
`
`
`24.
`
`Summary Judgment is warranted because New Horizon and Nicole Tavitian did not
`
`depart from the standards of good and accepted medical practice or proximately cause or
`
`exacerbate the plaintiff-decedent’s suicide.
`
`
`
`25.
`
`Nicole Tavitian, a licensed social worker, made a careful evaluation of plaintiff
`
`decedent on June 26, 2018, explored his current symptoms, recent hospitalizations, conducted
`
`assessments, including a Columbia Suicide Severity Rating Scale (“CSSRS”), made a
`
`determination that plaintiff-decedent did not have a plan or intent to commit suicide, and confirmed
`
`
`
`5
`
`5 of 13
`
`

`

`FILED: NASSAU COUNTY CLERK 11/21/2022 03:35 PM
`NYSCEF DOC. NO. 113
`
`INDEX NO. 606414/2020
`
`RECEIVED NYSCEF: 11/21/2022
`
`plaintiff’s appointment for the very next day with psychiatrist, Dr. Chuang. Her conduct on that
`
`day was in accordance with the standards of care as a healthcare provider for plaintiff-decedent..
`
`
`
`26.
`
`In support of the within motion, New Horizon and Nicole Tavitian submits the
`
`expert affirmation of Dr. Citrome. Exhibit “P”. Dr. Citrome is a physician duly licensed to
`
`practice medicine in the State of New York. He is Board Certified in Psychiatry by the American
`
`Board of Psychiatry and Neurology. He actively practiced in this field for approximately 35 years.
`
`Dr. Citrome’s full credentials are set forth in his Affirmation.1
`
`
`
`27.
`
`It is Dr. Citrome’s opinion to a reasonable degree of medical certainty, that on June
`
`26, 2018 (and every other relevant time), the medical providers at New Horizon and Nicole
`
`Tavitian did not depart from good and accepted practice in their care and treatment of Balentin
`
`Olivo. It is further Dr. Citrome’s opinion, to a reasonable degree of medical certainty, that the
`
`providers at New Horizon and Nicole Tavitian, used sound medical judgement in their treatment
`
`of Balentin Olivo, and that no negligent act or omission by New Horizon and Nicole Tavitian was
`
`the proximate cause of any injuries alleged in this action. Exhibit “P”.
`
`
`
`28.
`
`Dr. Citrome opined to a reasonable degree of medical certainty the following:
`
`New Horizon is an outpatient mental health clinic and cannot admit patients for
`a.
`overnight observation. Based upon the testimony of the relevant witnesses and the medical
`records, there was no foreseeability that the patient was going to commit suicide when he
`was seen by Nicole Tavitian on June 26, 2018 that would have warranted her to have done
`anything differently than what was done on that day. The patient came in for his scheduled
`appointment on June 26, 2018, which was approximately 35 minutes after he was
`discharged from Good Samaritan. Prior to his appearing, his sister, Marisol Olivo, called
`
`
`1 Dr. Citrome graduated from the McGill University Faculty of Medicine in 1983, and then completed a residency and
`chief residency in Psychiatry at New York University Medical Center (Includes Bellevue Hospital Center, University
`Hospital Center, New York VAMC, and Manhattan Psychiatric Center) in 1987. Dr. Citrome is a Clinical Professor
`of Psychiatry and Behavioral Sciences at New York Medical College of Valhalla, New York and has a private practice
`in Pomona, New York. He was the founding Director of the Clinical Research and Evaluation Facility at the Nathan
`S. Kline Institute for Psychiatric Research in Orangeburg, New York, and worked nearly two decades as a researcher
`in the psychopharmacological treatment of severe mental disorders. Concurrent with his appointment at New York
`Medical College, he is also a Clinical Professor of Psychiatry at Upstate Medical University (State University of New
`York Syracuse), and an Adjunct Clinical Professor of Psychiatry at the Icahn School of Medicine at Mount Sinai. Dr.
`Citrome is the current president of the American Society of Clinical Psychopharmacology.
`
`
`
`6
`
`6 of 13
`
`

`

`FILED: NASSAU COUNTY CLERK 11/21/2022 03:35 PM
`NYSCEF DOC. NO. 113
`
`INDEX NO. 606414/2020
`
`RECEIVED NYSCEF: 11/21/2022
`
`Nicole Tavitian and advised that the patient had been to the hospital two times that week
`for an increase in manic symptoms and she was concerned that his medications were
`changed. As a result of this phone call and prior to the patient appearing, Nicole Tavitian
`called NUMC to understand why he was at NUMC, at which time she was advised by
`NUMC that the patient was there for a manic episode and was given an injection. The
`patient then called her and advised that he was running late as he was coming from the
`hospital. When the patient arrived at New Horizon for his session with Nicole Tavitian,
`the patient then advised Nicole Tavitian that in addition to NUMC he also went to the
`emergency room of Good Samaritan. The patient reported to Nicole Tavitian that he was
`brought to NUMC psychiatric emergency room on June 24, 2018 due to an exacerbation
`of symptoms and that he felt manic, and that he called 911 for himself on June 25, 2018
`because he was still not feeling well and was brought to Good Samaritan Hospital and
`released. At no time before, during, or after this visit with Nicole Tavitian, did the patient
`or anyone else, advise anyone at New Horizon or Nicole Tavitian, that the patient requested
`to be admitted to either NUMC or Good Samaritan or was refused admission. In fact, the
`patient was unaccompanied by any family members to this visit with Nicole Tavitian.
`Moreover, at no time before, during or after this visit with Nicole Tavitian did anyone
`advise New Horizon or Nicole Tavitian that he appeared at NUMC or Good Samaritan due
`to a fear of hurting himself or others, and Ms. Tavitian inquired about this at her session.
`
`Nicole Tavitian’s evaluation on June 26, 2018 was both indicated and appropriate,
`b.
`and it was also performed within the accepted standards of practice. The patient reported
`passive suicidal ideation with no intent or plan. The expression of passive suicidal
`ideations without an intent or plan does not require hospitalization or a further consultation
`with a psychiatrist or any other provider that day, and it is not within the standard of care
`to admit a patient to a hospital or any other type of facility based upon passive suicidal
`ideations without an intent or plan. It was within the standard of care that Nicole Tavitian
`performed her assessments, referred him to the psychiatrist for the next day, went over his
`Treatment Plan and an Adult Safety Plan during his visit.
`
`Nicole Tavitian appropriately explored and assessed his current symptoms and
`c.
`functioning, completed a new CSSRS, Risk Assessment, Treatment Plan, and Adult Safety
`Plan during the June 26, 2022 visit, all of which was within the standard of care. At the
`time the CSSRS and Risk Assessment were performed, the patient denied any acts of self-
`harm, current self-injurious behavior, plan or intent. Based upon the CSSRS and the Risk
`Assessment performed on June 26, 2018, as well as the June 26, 2022 visit note, Balentin
`Olivo did not meet the criteria for admission to the hospital or any other facility, and was
`not an immediate risk of suicide.
`
`Nicole Tavitian’s ensuring that the patient saw the psychiatrist the next day on June
`d.
`27, 2018 was within the standard. Based upon the patient’s visit, his CSSRS and Risk
`Assessment which were both performed on June 26, 2018 visit, there was no intent or plan
`and the patient reported passive suicidal ideations.
`
`Moreover, Dr. Ahmed at Good Samaritan Hospital, who examined the patient
`e.
`shortly before the June 26, 2018 visit with Nicole Tavitian, opined that based upon his
`
`
`
`7
`
`7 of 13
`
`

`

`FILED: NASSAU COUNTY CLERK 11/21/2022 03:35 PM
`NYSCEF DOC. NO. 113
`
`INDEX NO. 606414/2020
`
`RECEIVED NYSCEF: 11/21/2022
`
`examination, and the evaluation of the patient overnight in Good Samaritan, that the patient
`was psychiatrically stable to be discharged to an outpatient follow up and did not require
`inpatient psychiatric treatment. Dr. Ahmed testified that he formed a conclusion based
`upon a reasonable psychiatric certainty after his mental status examination of the patient
`on June 26, 2018, and the overnight observation of the patient prior to his observation at
`Good Samaritan, that the patient was neither dangerous to himself nor others. Such
`examination further supports the findings of Nicole Tavitian who saw the patient shortly
`after this examination.
`
`Furthermore, based upon the testimony of the family members as noted above, there
`f.
`was no foreseeability by them of the patient’s suicide.
`
`Based on the medical records, pleadings, and deposition testimony in this case, the
`g.
`care and treatment of the patient Balentin Olivo by Defendants Nicole Tavitian and New
`Horizon, its agents, servants, and employees was completely reasonable under the
`circumstances and in compliance with accepted standards of practice.
`
`The patient did not meet the criteria for inpatient psychiatric admission during the
`h.
`June 26, 2018 visit at New Horizon with Nicole Tavitian and it would not have been
`medically indicated to send the patient back to the hospital. Additionally, to a reasonable
`degree of medical certainty there was nothing that Nicole Tavitian or New Horizon could
`have done which would have lowered the patient Balentin Olivo’s risk for suicide.
`
`Nicole Tavitian and New Horizon properly assessed and evaluated the patient
`i.
`Balentin Olivo, and such assessment and evaluation was within the standard of care. In
`addition, Nicole Tavitian performed a CSSRS and Risk Assessment in order to assess the
`risk of suicide which results indicated that patient was not at an immediate risk that would
`have been medically indicated to send the patient back to the hospital or refer him for a
`further consultation with a psychiatrist that day. The patient denied any self-injurious
`behavior, violent or aggressive thoughts, or any suicidal thoughts, intent or plan. Passive
`suicidal thoughts without an intent or plan do not warrant admission to a hospital, or for
`Nicole Tavitian to call 911 to escort the patient to an emergency room, and her actions
`were within the standard of care.
`
`The patient Balentin Olivo had a supportive family and was living with his parents
`j.
`which made it less likely that he would commit suicide as there were people around him
`and he had their support. The patient’s past behaviors were of a manic nature. New
`Horizon and Nicole Tavitian’s conduct was within standard with the patient receiving good
`therapeutic care, especially in light that he had a supportive family and a psychiatrist
`appointment the next day. It was within a reasonable degree of medical certainty, for the
`above reasons, that it would not have been medically indicated to call 911 and send the
`patient Balentin Olivo back to the hospital.
`Exhibit “P”.
`
`
`29.
`
`Dr. Citrome’s opinion is further supported by the following:
`
`8
`
`8 of 13
`
`
`
`
`
`

`

`FILED: NASSAU COUNTY CLERK 11/21/2022 03:35 PM
`NYSCEF DOC. NO. 113
`
`INDEX NO. 606414/2020
`
`RECEIVED NYSCEF: 11/21/2022
`
`
`
`a.
`
`On June 26, 2018 at 10:50 a.m., Plaintiff Decedent was seen by Dr. Ahmed, a
`
`Psychiatrist at Good Samaritan. Dr. Ahmed conducted a mental status examination which revealed
`
`that the Plaintiff Decedent was calm, pleasant, behaviorally controlled, fairly cooperative, speech
`
`was spontaneous and relevant, no pressure was noted, goal directed, with no tangentiality or
`
`circumstantiality. Plaintiff Decedent described his mood as better, his affect was clinically
`
`euthymic, there was no evidence of euphoria or elations. Plaintiff Decedent denied any suicidal
`
`or homicidal ideas, intent or plan. He also denied any auditory or visual hallucinations, and there
`
`were no delusions expressed. Insight and judgment improved and was noted to be good. The
`
`impression was that the Plaintiff Decedent was psychiatrically stable, and able to contract for
`
`safety and willing to go to his outpatient appointment that day at New Horizons. It was noted by
`
`Dr. Ahmed that Plaintiff Decedent was psychiatrically stable to be discharged to outpatient follow
`
`up at New Horizons. (Exhibit “D” at GSH 19-23). On June 26, 2018 at 11:54 a.m., Plaintiff
`
`Decedent was discharged from Good Samaritan Hospital. (Exhibit “D” at GSH 70).
`
`
`
`b.
`
`Dr. Ahmed testified that based upon his examination, the Plaintiff Decedent did not
`
`exhibit any evidence of mania. (Exhibit “J” at page 61-62)
`
`
`
`c.
`
`Dr. Ahmed further testified that based on his information and his observation over
`
`the course of 24 hours, he came to the conclusion that Balentin Olivo was a reliable historian from
`
`his entry to the ER until he was seen by him, and he did not have a sense that Balentin was
`
`misleading or manipulating him. Dr. Ahmed formed a conclusion that based upon a reasonable
`
`psychiatric certainty after his mental status examination that Balentin Olivo was neither dangerous
`
`to himself nor others. (Exhibit “J” at 63-64) Dr. Ahmed further testified that he concluded that
`
`Plaintiff Decedent would be able to make safe decisions about himself based upon the fact that he
`
`had a good amount of insight into his illness and he was afraid that he would get into a manic
`
`
`
`9
`
`9 of 13
`
`

`

`FILED: NASSAU COUNTY CLERK 11/21/2022 03:35 PM
`NYSCEF DOC. NO. 113
`
`INDEX NO. 606414/2020
`
`RECEIVED NYSCEF: 11/21/2022
`
`phase because he was losing sleep. Dr. Ahmed testified that Good Samaritan had given Plaintiff
`
`Decedent medications that helped him which was translated into his sense of well-being and
`
`feeling better, and he felt better that he can be stable to follow up as an outpatient with an outpatient
`
`psychiatrist and therapist. (Exhibit “J” at page 65-66)
`
`
`
`d.
`
`Dr. Ahmed testified that Plaintiff Decedent was eager to go home, and he would
`
`not confine a patient who does not have any symptoms to substantiate confinement. (Exhibit ”J”
`
`at 66-67) Plaintiff Decedent did not require any inpatient psychiatric treatment - he felt safe in the
`
`community that he was not going to harm himself or anybody else, not afraid of living in the
`
`community, and was willing to follow up with his outpatient psychiatrist and therapist. (Exhibit
`
`“J” at page 68)
`
`
`
`e.
`
`The testimony of Plaintiff’s Decedent’s family supports that Plaintiff Decedent
`
`never expressed any suicidal ideations, and that his family was not concerned about for his safety
`
`following his visit with Nicole Tavitian on June 26, 2018. Specifically, the following family
`
`members testified as follows:
`
`
`
`
`
`i.
`
`Oscar Olivo, Plaintiff Decedent’s brother, testified that he did not have any
`
`concern with his brother harming himself and he never expressed any suicidal thoughts to him in
`
`the past two years before his death. (Exhibit F at 31, and Exhibit F at 292)
`
`
`
`
`
`ii.
`
`Plaintiff Decedent’s mother, Maria Olivo, testified that Plaintiff Decedent
`
`never told her that he felt suicidal. (Exhibit I at 89)
`
`
`
`
`
`iii.
`
`Plaintiff Decedent’s father, Ramon Olivo, testified that he did not have any
`
`concerns regarding his son’s condition or his safety throughout the remainder of the evening of
`
`June 26, 2018 up until he went to bed. (Exhibit “N” at page 128). Throughout the remainder of
`
`June 26, 2018, Plaintiff Decedent did not express any thoughts, intent or plan to harm himself.
`
`
`
`10
`
`10 of 13
`
`

`

`FILED: NASSAU COUNTY CLERK 11/21/2022 03:35 PM
`NYSCEF DOC. NO. 113
`
`INDEX NO. 606414/2020
`
`RECEIVED NYSCEF: 11/21/2022
`
`(Exhibit “N” at page 129). At no point in time did he ever have any concern that his son would
`
`hurt himself, and no one from his family or friends voiced any concerns that Balentin would harm
`
`himself. (Exhibit “N” at page 181) Ramon Olivo testified that the Balentin Olivo never advised
`
`him that he wanted to kill himself, he was never advised by his wife or children that his son wanted
`
`to kill himself, and Plaintiff Decedent never told him that he told a medical provider that he wanted
`
`to kill himself. (Exhibit “N” at page 182). Plaintiff-decedent never made any complaints about
`
`New Horizon, Nicole Tavitian or any therapy at New Horizon. (Exhibit “N” at page 195)
`
`
`
`
`
`iv. Marisol Olivo, Plaintiff Decedent’s sister, testified that on June 27, 2018,
`
`she did not have a belief that her brother would harm himself in the immediate future. (Exhibit
`
`“K” at page 192)
`
`
`
`f.
`
`Jonathan Grossman, the Program Director at New Horizon in June 2018 and
`
`presently, testified that it was his opinion that the patient was not suicidal while at New Horizon
`
`on June 26, 2018 based upon the following: (a) Nicole Tavitian is a very experienced clinician; (b)
`
`Nicole Tavitian followed total risk management protocol by doing a risk assessment, a Columbia
`
`Suicide Severity Rating Scale, and reviewed the safety plan; and (c) Nicole Tavitian has excellent
`
`judgment. Jonathan Grossman further testified that he would not have done anything differently
`
`than Nicole Tavitian did, and it was not foreseeable that the patient would commit suicide the next
`
`day. (Exhibit “M” at pages 97-98)
`
`
`
`30.
`
`Based on the above and set forth in the annexed Memorandum of Law, New
`
`Horizon’s and Nicole Tavitian’s treatment of Balentin Olivo was reasonable, appropriate and
`
`within the standard of care of an out-patient mental health provider. Nicole Tavitian exercised her
`
`professional judgment in evaluating Balentin Olivo as someone who was safe to go home to his
`
`family for the night and to return the next day for his psychiatric appointment.
`
`
`
`11
`
`11 of 13
`
`

`

`FILED: NASSAU COUNTY CLERK 11/21/2022 03:35 PM
`NYSCEF DOC. NO. 113
`
`INDEX NO. 606414/2020
`
`RECEIVED NYSCEF: 11/21/2022
`
`
`
`31.
`
`The law is clear that mental health providers cannot be held liable for a mere error
`
`in judgment. Thus, a disagreement by the plaintiff as to the course of conduct does not change the
`
`fact that Nicole Tavitian exercised proper professional judgment under the circumstances.
`
`
`
`WHEREFORE, it is respectfully submitted that the instant motion for summary judgment
`
`be granted and all cross-claims dismissed in their entirety, together with such other and further
`
`relief as justice may require.
`
`Dated: Mineola, New York
`
`November 21, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`LOUISE FASANO
`
`
`
`
`
`
`
`
`
`12
`
`12 of 13
`
`

`

`FILED: NASSAU COUNTY CLERK 11/21/2022 03:35 PM
`NYSCEF DOC. NO. 113
`
`INDEX NO. 606414/2020
`
`RECEIVED NYSCEF: 11/21/2022
`
`CERTIFICATION
`
`Pursuant to the Uniform Civil Rules §202.8-b, I, Louise Fasano, counsel for defendants,
`
`THE NEW HORIZON COUNSELING CENTER, INC., THE NEW HORIZON COUNSELING
`
`CENTER and NICOLE TAVITIAN, certifies that the above Affirmation in Support contains 3,707
`
`words excluding the caption, exhibit list, and signature block.
`
`Dated: Mineola, New York
`November 21, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`___________________________________
`
` LOUISE FASANO
`
`
`
`13
`
`13 of 13
`
`