FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`-------------------------------------------------------------------------X
`SOPHIA DIOGENE,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Plaintiff,
`
`
`
`
`
`
`
`
`-against-
`
`
`JESSICA KAGAN D.D.S. and
`NASSAU-QUEENS ENDODONTICS PC,
`
` Defendants.
`
`
`
`
`-------------------------------------------------------------------------X
`
`
`Index No: 727007/2023
`
`VERIFIED ANSWER
`
`The defendant NASSAU-QUEENS ENDODONTICS PC by its attorneys, MORRIS
`DUFFY ALONSO FALEY & PITCOFF, upon information and belief, answers the plaintiff’s
`Complaint herein as follows:
`
`
`
`
`ANSWERING THE FIRST CAUSE OF ACTION ON
`BEHALF OF THE PLAINTIFF SOPHIA DIOGENE
`
`
`
`
`
`
`1.
`Denies any knowledge or information sufficient to form a belief as to the truth of
`the allegations contained in the paragraphs or subdivisions of the Complaint designated “FIRST”
`
`2.
`Denies each and every allegation contained in the paragraphs or subdivisions of the
`Complaint designated “SECOND” in the form alleged except admits that JESSIICA KAGAN,
`D.D.S. was and still is a duly licensed dentist in the State of New York.
`
`
`3.
`Denies each and every allegation contained in the paragraphs or subdivisions of the
`Complaint designated “THIRD” in the form alleged except admits that NASSAU-QUEENS
`ENDODONTICS P.C. was and still is a domestic professional corporation duly organized and
`existing pursuant to the laws of the State of New York.
`
`
`4.
`Denies each and every allegation contained in the paragraphs or subdivisions of the
`Complaint designated “FOURTH” in the form alleged except admits that NASSAU-QUEENS
`ENDODONTICS P.C. was and still is a domestic professional corporation that provided dental
`care and treatment to plaintiff SOPHIA DIOGENE at certain discrete times and respectfully refers
`all questions of law to this Honorable Court.
`
`
`5.
`Denies each and every allegation contained in the paragraphs or subdivisions of the
`Complaint designated “FIFTH” in the form alleged except admits that NASSAU-QUEENS
`ENDODONTICS P.C. was and still is a domestic professional corporation that provided dental
`care and treatment to plaintiff SOPHIA DIOGENE at certain discrete times and respectfully refers
`all questions of law to this Honorable Court.
`
`
`1 of 41
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`

`

`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`6.
`Denies each and every allegation contained in the paragraphs or subdivisions of the
`Complaint designated “SIXTH” and respectfully refers all questions of law to this honorable court.
`
`7.
`Denies each and every allegation contained in the paragraphs or subdivisions of the
`Complaint designated “SEVENTH”, “EIGHTH” and “NINTH”.
`
`ANSWERING THE SECOND CAUSE OF ACTION ON
`
`
`BEHALF OF THE PLAINTIFF SOPHIA DIOGENE FOR LACK OF
`
`
`INFORMED CONSENT
`
`
`As to the paragraph of the Complaint designated “TENTH””, answering defendant
`8.
`repeats, reiterates and realleges each and every denial heretofore made with respect to paragraphs
`“FIRST” through “NINTH” inclusive, with the same force and effect as if fully set forth at length
`herein.
`
`
`9.
`Denies each and every allegation contained in the paragraph or subdivision of the
`Complaint designated “ELEVENTH” in the form alleged.
`
`10.
`Denies each and every allegation contained in the paragraphs or subdivisions of the
`Complaint designated “TWELFTH”, “THIRTEENTH” and “FOURTEENTH”.
`
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
`
`
`
`11.
`Any damages which may have been sustained by the plaintiff were contributed to
`in whole or in part by the culpable conduct of the plaintiff, pursuant to Section 14-A, CPLR.
`
`
`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
`
`
`
`12.
`Any damages which may have been sustained by the plaintiff were contributed to
`in whole or in part by the culpable conduct of third parties not under the control of answering
`defendant.
`
`
`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
`
`
`
`13.
`Pursuant to CPLR 4545(c), if it be determined or established that plaintiff has
`received or with reasonable certainty shall receive the cost of medical care, dental care, custodial
`care or rehabilitation services, loss of earnings or other economic loss, and that the same shall be
`replaced or indemnified, in whole or in part from any collateral source such as insurance (except
`for life insurance), social security (except for those benefits provided under title XVIII of the Social
`Security Act), workers' compensation or employee benefit programs (except such collateral source
`entitled by law to liens against any recovery of the plaintiff), then and in that event answering
`defendants hereby plead in mitigation of damages the assessment of any such cost or expense as a
`collateral source in reduction of the amount of the award by such replacement or indemnification,
`minus an amount equal to the premiums paid by the plaintiff for such benefits for the two year
`period immediately preceding the accrual of this action and minus an amount equal to the projected
`future cost to the plaintiff of maintaining such benefits and as otherwise provided in CPLR 4545(c).
`
`2 of 41
`
`

`

`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`
`
`
`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
`
`14.
`The injuries and damages alleged, all of which are denied by the answering
`defendant, were caused by the intervening, interceding and superseding acts of third parties not
`under the control of answering defendant.
`
`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
`
`The plaintiff failed to mitigate her damages.
`
`15.
`
`
`
`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
`
`
`
`16.
`That the action against the answering defendant cannot be prosecuted due to the
`plaintiff’s failure to name and likewise prosecute an indispensable party to this litigation.
`
`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
`
`17.
`The lawsuit was not commenced by the plaintiff within the time prescribed by law,
`and the plaintiff, therefore, is barred from recovery, pursuant to Section 214A, CPLR.
`
`
`AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
`
`
`
`18.
`the CPLR.
`
`
`Answering defendant is entitled to limitation of liability pursuant to Article 16 of
`
`AS AND FOR A NINTH AFFIRMATIVE DEFENSE
`
`
`
`19.
`
`The Complaint fails to state a cause of action upon which relief may be granted.
`
`AS AND FOR A TENTH AFFIRMATIVE DEFENSE
`
`20.
`If the plaintiff sustained damages as alleged, such damages occurred while the
`plaintiff was engaged in an activity into which she entered, knowing the hazard, risk and danger
`of the activity and she assumed the risks incidental to and attending the activity.
`
`AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
`
`21.
`Defendant asserts Section 15-108 of the General Obligations Law and will ask the
`Court that the defendant be entitled to a set-off for any settlements, releases or discontinuances.
`
`AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
`
`The defendant is not liable to the plaintiff as the plaintiff’s actions were the sole
`22.
`proximate cause of the alleged occurrence.
`
`3 of 41
`
`

`

`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`
`
`AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
`
`23.
`If plaintiff is entitled to recover damages for loss of earnings or impairment of
`earning ability as against defendant by reason of the matters alleged in the Complaint, liability for
`which is hereby denied, then pursuant to CPLR 4546 the amount of damages recoverable against
`answering defendant, if any, shall be reduced by the amount of federal, state and local income
`taxes which the plaintiff would be obligated by law to pay.
`
`
`AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
`
`
`24. With respect to any causes of action set forth in plaintiff’s Complaint based upon
`answering defendants’ failure to obtain an informed consent, answering defendants intend to plead
`each and every defense as may be applicable and set forth and provided by Public Health Law,
`Section 2805(d).
`
`WHEREFORE, answering defendant demands judgment dismissing the Complaint
`
`together with the costs and disbursements of this action
`
`Dated: New York, New York
`
`March 18, 2024
`
`
`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`Robert Reilly
`
`By: _____________________________
`
`ROBERT REILLY
`Attorneys for Defendant
`NASSAU-QUEENS ENDODONTICS PC
`Office and Post Office Address
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (AP) 77105
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO:
`CHIANESE & REILLY LAW, PC
`Attorneys for Plaintiff
`100 North Village Ave, Suite 29
`Rockville Centre, NY 11570
`(516) 599-2020
`
`
`4 of 41
`
`

`

`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`SHEELEY LLP
`Attorneys for Defendant
`JESSICA KAGAN, D.D.S.
`100 Wall Street, 19th Floor
`New York, NY 10005
`(646) 650-5952
`
`
`
`
`5 of 41
`
`

`

`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`-------------------------------------------------------------------------X
`SOPHIA DIOGENE,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Plaintiff,
`
`
`
`
`
`
`
`
`
`-against-
`
`Index No: 727007/2023
`
`DEMAND FOR VERIFIED
`BILL OF PARTICULARS
`
`
`JESSICA KAGAN D.D.S. and
`NASSAU-QUEENS ENDODONTICS PC,
`
` Defendants.
`
`
`
`
`-------------------------------------------------------------------------X
`
`PLEASE TAKE NOTICE that pursuant to Section 3041, Rules 3042 and 3043 and
`Section 3044 of the Civil Practice Law and Rules, you are hereby required to serve a verified Bill
`of Particulars upon the undersigned within twenty (20) days after the receipt of this Demand.
`
`
`In the event of your failure to comply with this Demand for a Verified Bill of
`Particulars within that time, a motion will be made for an Order precluding you from offering any
`evidence on the cause of action alleged in the Complaint concerning the following items as they
`concern the answering defendant:
`
`
`Set forth the dates and times of day of the alleged negligent acts or omissions which
`1.
`will be alleged and claimed against the defendant.
`
`Set forth the exact location of the alleged negligent acts or omissions charged
`2.
`against the defendant.
`
`A statement of each and every act of negligence or omission which constituted the
`3.
`alleged malpractice.
`
`4. If it is claimed that the alleged negligent acts or omissions were performed or omitted
`by an agent, servant or employee of the defendant, identify such agent, servant or employee.
`
`5.
`
`6.
`
`
`State the occupation of each such person.
`
`Set forth:
`
`(a)
`
`(b)
`
`A statement of the accepted medical/dental
`practices, customs and standards which
`it might be claimed were violated in
`each of the above acts or omissions;
`In what manner there was a departure
`from same.
`
`
`
`6 of 41
`
`

`

`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`Set forth any statutes or ordinances claimed to have been violated by the defendant.
`
`Set forth:
`
`7.
`
`8.
`
`
`(a)
`
`(b)
`
`The injuries the plaintiff suffered as a result of the alleged
`negligence, and
`The injuries those claimed by plaintiff to be permanent.
`
`9. Set forth separately the length of time the plaintiff was confined to each of the following:
`(a)
`Hospital,
`(b)
`Bed,
`(c)
`House.
`
`10.
`
`State the following:
`
`
`
`
`
`
`
`
`(a)
`(b)
`
`(c)
`
`The occupation of the plaintiff,
`The length of time plaintiff was
`incapacitated from employment, and
`The name and address of plaintiff's
`employer.
`
`
`11. Set forth separately the total amounts claimed by the plaintiff as special damages for
`
`each of the following:
`
`
`(a) Dental services;
`(b)
`Physicians' services;
`(c)
`Nurses' services;
`(d) Medical supplies;
`(e)
`Hospital expenses, with the names and
`addresses of all hospitals;
`Loss of earnings, and
`Any other expenses.
`Pursuant to Article 50-A or 50-B, CPLR,
`
`(f)
`(g)
`
`
`
`
`
`
`
`
`Itemize which of the special damages or economic loss represent past
`II.
`damages and in what amount:
`
`
`
`
`
`
`(a) Dental services;
`(b)
`Physicians' services;
`(c)
`Nurses' services;
`(d) Medical supplies;
`(e)
` Hospital expenses;
`(f)
`Loss of earnings, and
`(g)
`Other (describe).
`
`
`
`
`7 of 41
`
`

`

`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`Itemize which of the special damages or economic loss represent future
`III.
`damages and in what amount:
`
`
`
`
`
`(a) Dental services;
`(b)
`Physicians' services;
`(c)
`Nurses' services;
`(d) Medical supplies;
`(e) Hospital expenses;
`(f)
`Prospective lost earnings,
`(g)
`All other expenses (describe).
`
`
`
`
`
`
`IV. Over what period of time does plaintiff claim each item of future expenses
`or losses shall occur:
`
`Special Damage
`
`
`
`
`
`
`
` Period of Time
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`12.
`
`
`
`(a) Dental services;
`(b)
`Physicians' services,
`(c)
`Nurses' services,
`(d) Medical supplies,
`(e)
`Hospital expenses,
` (f)
`Prospective lost earnings, and
`(g) Other (describe).
`
`If the plaintiff is an infant, state the following:
`
`(a)
`
`(b)
`
`The name and address of any school infant plaintiff attended at the
`time of the alleged occurrence;
`The date or dates infant plaintiff was absent from school as the result
`of the alleged injuries sustained.
`
`
`
`13. If there is a cause of action for loss of services, state the following:
`
`
`
`
`
`
`
`
`
`
`(a)
`
`(b)
`
`In what manner was the plaintiff deprived of
`services and state what the services were;
`As to the monies expended and the obligations incurred to expend
`additional monies, set forth the amount of money involved and
`precisely to whom such monies were paid or are owed.
`
`
`
`
`
`14. Set forth the date of birth of the plaintiff.
`
`15.
`
`Set forth the residence address of the plaintiff.
`
`8 of 41
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`

`

`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`16. State the full caption of each and every lawsuit brought on plaintiff’s behalf to recover
`
`damages for any connected or aggravated injuries allegedly caused and sustained by reason of the
`acts of one or more preceding, joint, concurrent and/or succeeding tortfeasors, including:
`
`
`(a)
`(b)
`(c)
`(d)
`(e)
`(f)
`
`court;
`index number:
`calendar number;
`names and addresses of all litigants;
`names and addresses of all attorneys appearing for litigants;
`status of lawsuit.
`
`
`If it will be claimed that the limitations on liability set forth in CPLR Article 16 do
`17.
`
`not apply, state specifically each and every exception to Article 16 set forth in CPLR
`
`If it will be claimed that the defendant performed or undertook any part of the
`18.
`
`treatment without the patient’s informed consent, set forth the following:
`
`
`
`
`
`(a)
`
`
`The procedure and/or treatment performed or undertaken
`without the patient’s informed consent.
`
`
`
`
`
`
`
`(b)
`
`For each procedure and/or treatment performed or undertaken
`without the patient’s informed consent, set forth the following:
` (1) the risks of the procedure and/or treatment Known to the patient
`
`before it was performed;
`
`
`
`
`
`(2)
`
`the information concerning the risks imparted to the patient by the
`defendant;
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(3)
`
`(4)
`
`(5)
`
`(6)
`
`the information concerning the risks imparted to the patient by other
`physicians;
`
`any assurances provided to the defendant or others by the patient by
`other physicians;
`
`the circumstances making it reasonably possible for the defendant
`to obtain consent by or on behalf of the patient;
`
`the additional information, if any which the defendant should have
`provided the patient concerning the procedure and/or treatment.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`19. If it will be claimed that the defendant altered any records, set forth what it is alleged
`
`that was altered or placed in the record improperly ex post facto.
`
` 20. Indicate if the plaintiff or her attorney are making any claim that the defendant’s
`records are altered for the purpose of this litigation, and if such a claim is made, specify what
`portions plaintiff is claiming are altered.
`
`9 of 41
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`

`

`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`Robert Reilly
`
`By: _____________________________
`
`ROBERT REILLY
`Attorneys for Defendant
`NASSAU-QUEENS ENDODONTICS PC
`Office and Post Office Address
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (AP) 77105
`
`
`Dated: New York, New York
`
`March 18, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO:
`CHIANESE & REILLY LAW, PC
`Attorneys for Plaintiff
`100 North Village Ave, Suite 29
`Rockville Centre, NY 11570
`(516) 599-2020
`
`SHEELEY LLP
`Attorneys for Defendant
`JESSICA KAGAN, D.D.S.
`100 Wall Street, 19th Floor
`New York, NY 10005
`(646) 650-5952
`
`
`
`
`
`10 of 41
`
`

`

`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`ATTORNEY VERIFICATION
`
`ROBERT REILLY, an attorney admitted to practice in the courts of New York State.
`
`That I am an associate of the firm of MORRIS DUFFY ALONSO FALEY & PITCOFF,
`
`
`
`
`
`the attorneys of record for defendant NASSAU-QUEENS ENDODONTICS PC. I have read the
`
`foregoing ANSWER and know the contents thereof; the same is true to my own knowledge, except
`
`as to the matters therein alleged to be on information and belief, and as to those matters I believe
`
`it to be true. The reason this verification is made by me and not by the defendant is that the
`
`defendant does not maintain an office within New York County.
`
`
`
`The grounds of my belief as to all matters not stated upon my own knowledge are based
`
`on a review of the contents of the file maintained by this office.
`
`Dated: New York, New York
`
`March 18, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Robert Reilly
`_____________________________
`ROBERT REILLY
`
`
`
`
`
`11 of 41
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`

`

`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`-------------------------------------------------------------------------X
`SOPHIA DIOGENE,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Plaintiff,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`Index No: 727007/2023
`
`DEMAND FOR
`MEDICARE/MEDICAID
`INFORMATION
`
`
`JESSICA KAGAN D.D.S. and
`NASSAU-QUEENS ENDODONTICS PC,
`
` Defendants.
`
`
`
`
`-------------------------------------------------------------------------X
`
`COUNSELLORS:
`
`PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR and 42 USC §1395y
`
`(b)(8)(A), the undersigned attorneys for the defendants, , hereby demand that plaintiff furnish
`within thirty (30) days of service of this notice the following:
`
`
`1.
`A statement as to whether the plaintiff has received benefits from either Medicare
`or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action. If
`so, please state and/or provide:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3. Provide copies of all documents, records, memoranda, notes, etc., in plaintiff’s
`
`possession pertaining to plaintiff’s receipt of Medicare and/or Medicaid benefits, including copies
`of all documents provided to or received from the Medicare and/or Medicaid administrator.
`
`2. State whether Medicare and/or Medicaid has a lien and the amount of any such lien.
`
`12 of 41
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`a. Plaintiff’s full name;
`Plaintiff’s gender;
`b.
`Plaintiff’s date of birth;
`c.
`Plaintiff’s Social Security number;
`d.
`Plaintiff’s residence telephone number;
`e.
`f.
`The Health Insurance Claim Number and/or
`
`Medicare/Medicaid file number;
`The address of the office handling the plaintiff’s Medicare and/or
`g.
`
`Medicaid file;
`A duly executed authorization bearing plaintiff’s date of birth and Social
`h.
`
`Security number permitting this firm and/or the representatives of
`defendant to obtain copies of plaintiff’s Medicare and/or Medicaid
`
`records.
`
`

`

`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`
`4. If any Medicare and/or Medicaid Secondary Payer (MSP) claims exist, please provide a
`
`copy of the claim summary from Medicare and/or Medicaid regarding those claims.
`
`5. If plaintiff has not received Medicare and/or Medicaid benefits in the past or is not
`
`receiving Medicare and/or Medicaid benefits now, state whether plaintiff is eligible to receive
`Medicare and/or Medicaid benefits.
`
`6. If plaintiff has been receiving Medicare and/or Medicaid benefits and is now deceased,
`
`please provide the following:
`
`
`a.
`
`b.
`c.
`
`d.
`e.
`
`
`Relationship of the administrator of
`plaintiff’s estate to plaintiff’s decedent;
` Name and address of plaintiff’s administrator;
`Telephone number and/or e-mail
`address of plaintiff’s
`administrator;
`Social Security number of plaintiff’s administrator;
`An authorization to examine and copy deceased’s
`Medicare and/or Medicaid records.
`
`A. Within thirty (30) days of the date of this demand;
`B. Within twenty (20) days of receiving the above-requested information;
`C. No later than thirty(30) days prior to the commencement of trial.
`
`
`7. Complete the Medicaid form and Medicare Authorization Disclose Personal Health
`
`Information, attached as Exhibit “A” and return it to this office.
`
`PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR, this is a continuing
`
`demand and that you are required to serve the demanded information by the earliest of the
`following:
`
`
`
`
`
`If you do not possess the above-requested information, in addition to the form attached as
`
`Exhibit “A”, a letter or Affidavit to that effect should also be submitted.
`
`PLEASE TAKE FURTHER NOTICE that failure to comply with this Demand for
`
`Medicare/Medicaid information may result in the necessity of a motion to compel discovery
`accompanied by a request for the appropriate costs.
`
`
`
`Dated: New York, New York
`
`March 18, 2024
`
`
`
`
`13 of 41
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`

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`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`Robert Reilly
`
`By: _____________________________
`
`ROBERT REILLY
`Attorneys for Defendant
`NASSAU-QUEENS ENDODONTICS PC
`Office and Post Office Address
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (AP) 77105
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO:
`CHIANESE & REILLY LAW, PC
`Attorneys for Plaintiff
`100 North Village Ave, Suite 29
`Rockville Centre, NY 11570
`(516) 599-2020
`
`SHEELEY LLP
`Attorneys for Defendant
`JESSICA KAGAN, D.D.S.
`100 Wall Street, 19th Floor
`New York, NY 10005
`(646) 650-5952
`
`
`
`
`14 of 41
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`

`

`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`-------------------------------------------------------------------------X
`SOPHIA DIOGENE,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Plaintiff,
`
`
`
`
`
`
`
`
`
`-against-
`
`Index No: 727007/2023
`
`NOTICE TO TAKE
`DEPOSITIONS
`
`
`JESSICA KAGAN D.D.S. and
`NASSAU-QUEENS ENDODONTICS PC,
`
` Defendants.
`
`
`
`
`-------------------------------------------------------------------------X
`
`
`
`COUNSELLORS:
`
`
`
`PLEASE TAKE NOTICE that this office will take the deposition and/or virtual deposition
`of the following parties or persons, before a stenographic reporter and notary public not affiliated
`with any of the parties or their attorneys, on all relevant and material issues, as authorized by
`Article 31 of the CPLR of ALL ADVERSE PARTIES at a date, time and place to be agreed upon
`among counsel or set by the Court.
`
`PLEASE TAKE FURTHER NOTICE that the persons to be examined are required to
`
`produce all books, records and papers in their custody and possession that may be relevant to the
`issues.
`
`PLEASE TAKE FURTHER NOTICE that consent is neither implied nor given to the
`recording of any deposition by the use of audio or video recording of these proceedings by any
`person. Only a traditional stenographic reporter present at the deposition in the same manner as
`the participants resulting in a traditional written transcript will be accepted. Should an audio or
`video reporter appear to record these proceedings, we will postpone any deposition until the
`presence of a traditional stenographic reporter can be coordinated.
`
`Dated: New York, New York
`
`March 18, 2024
`
`
`Yours etc.,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`Robert Reilly
`
`By: _____________________________
`
`ROBERT REILLY
`Attorneys for Defendant
`NASSAU-QUEENS ENDODONTICS PC
`
`15 of 41
`
`

`

`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`Office and Post Office Address
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (AP) 77105
`
`
`
`
`TO:
`CHIANESE & REILLY LAW, PC
`Attorneys for Plaintiff
`100 North Village Ave, Suite 29
`Rockville Centre, NY 11570
`(516) 599-2020
`
`SHEELEY LLP
`Attorneys for Defendant
`JESSICA KAGAN, D.D.S.
`100 Wall Street, 19th Floor
`New York, NY 10005
`(646) 650-5952
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`16 of 41
`
`

`

`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`-------------------------------------------------------------------------X
`SOPHIA DIOGENE,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Plaintiff,
`
`
`
`
`
`
`
`
`
`-against-
`
`
`JESSICA KAGAN D.D.S. and
`NASSAU-QUEENS ENDODONTICS PC,
`
` Defendants.
`
`
`
`
`-------------------------------------------------------------------------X
`
`
`Index No: 727007/2023
`
`NOTICE REGARDING
`DEPOSITIONS
`
`COUNSELLORS:
`
`
`
`PLEASE TAKE NOTICE that this office will only take the deposition and/or virtual
`depositions of any party or witness before a stenographic reporter and notary public present at the
`deposition in the same manner as the participants and not affiliated with any of the parties or their
`attorneys.
`
`PLEASE TAKE FURTHER NOTICE that consent is neither implied nor given to the
`
`recording of any deposition by the use of an audio recording with later transcription by a
`stenographic reporter that was not present at the deposition or other means. Only a traditional
`stenographic reporter who is present during the testimony either in person or virtually resulting in
`a traditional written transcript will be accepted. Should an audio reporter appear to record any
`deposition, we will postpone the deposition until the presence of a traditional stenographic reporter
`can be coordinated.
`
`
`Dated: New York, New York
`
`March 18, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`Robert Reilly
`
`By: _____________________________
`
`ROBERT REILLY
`Attorneys for Defendant
`NASSAU-QUEENS ENDODONTICS PC
`Office and Post Office Address
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`
`17 of 41
`
`

`

`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`F: (212) 766-3252
`Our File No.: (AP) 77105
`
`
`
`
`TO:
`CHIANESE & REILLY LAW, PC
`Attorneys for Plaintiff
`100 North Village Ave, Suite 29
`Rockville Centre, NY 11570
`(516) 599-2020
`
`SHEELEY LLP
`Attorneys for Defendant
`JESSICA KAGAN, D.D.S.
`100 Wall Street, 19th Floor
`New York, NY 10005
`(646) 650-5952
`
`
`
`
`18 of 41
`
`

`

`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`-------------------------------------------------------------------------X
`SOPHIA DIOGENE,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Plaintiff,
`
`
`
`
`
`
`
`
`
`-against-
`
`Index No: 727007/2023
`
`COMBINED DEMANDS
`FOR DISCOVERY
`
`
`JESSICA KAGAN D.D.S. and
`NASSAU-QUEENS ENDODONTICS PC,
`
` Defendants.
`
`
`
`
`-------------------------------------------------------------------------X
`
`DEMAND FOR AUTHORIZATIONS AND MEDICAL REPORTS
`
`
`You are hereby required, pursuant to the Rules of this Court, to serve upon and deliver to
`
`the undersigned and all other parties to the action, the following:
`
`Copies of the medical reports of those physicians who have treated or examined the party
`(a)
`seeking recovery, and who will testify on his/her behalf. The same shall include a detailed
`statement of the injuries and conditions as to which testimony will be offered at the trial, and shall
`identify those x-rays and technicians' reports which will be offered at trial.
`
`Duly executed and acknowledged written authorizations (containing full name & address
`(b)
`of doctor/hospital)and fully compliant with HIPAA regulations permitting all parties to obtain and
`make copies of all hospital records, and such other records, including x-rays and technicians'
`reports as may be referred to and identified in the statement of the examined party's physicians.
`
`Duly executed authorizations(containing full name & address of doctor/hospital)and fully
`(c)
`compliant with HIPAA regulations permitting defendant to discover, inspect and copy the records
`of all physicians and laboratories in which or by whom plaintiff was examined or received
`treatment or tests for the same or similar injuries and complaints as those at issue in this lawsuit.
`
`The names and addresses of any physicians, medical institutions, medical personnel,
`(d)
`nursing services or hospitals whom the plaintiff saw, consulted with, received advice from or prior
`to the alleged negligence suffered by the plaintiff.
`
`Authorizations fully compliant with HIPAA regulations to obtain reports and records of
`(e)
`the aforesaid physicians, institutions, medical personnel, hospitals and/or nursing services.
`
`
`DEMAND FOR VIDEO/AUDIO RECORDINGS OF PLAINTIFF TAKEN AT
`INDEPENDENT MEDICAL EXAMINATION
`
`
`
`19 of 41
`
`

`

`FILED: QUEENS COUNTY CLERK 04/10/2024 11:33 AM
`NYSCEF DOC. NO. 17
`
`INDEX NO. 727007/2023
`
`RECEIVED NYSCEF: 04/10/2024
`
`Demand is hereby made that you produce, pursuant to Article 31 of the CPLR, and the
`
`rules governing the exchange of medical information, and permit us to discovery, inspect and copy
`all video/audio records, regardless of format, taken by plaintiff or on behalf of plaintiff of any
`independent medical examination conducted on behalf of the defendant within thirty (30) days of
`the date on which said recordings were taken and/or created or within thirty (30) days from the
`date of this demand, whichever is sooner.
`
`
`DEMAND FOR STATEMENTS
`
`
`
`Demand is hereby made for the following relative to the party or parties represented by the
`
`undersigned (herein “the party”):
`
`Copies of any and all written statements taken of or from the party, an agent, servant or
`1.
`employee.
`
`A statement indicating the substance of any oral statements concerning any issue in this
`2.
`case, including claimed admissions against interest, taken of or from the party, an agent, servant
`or employee indicating the date the oral statement was made, the name and description of the
`person who made the oral statement and the name and address of the person who heard the oral
`statement.
`
`Copies of any and all recorded statements taken of or from the party, an agent, servant or
`3.
`employee.
`
`Copies of any and all transcriptions of recorded statements taken of or from the party, an
`4.
`agent, servant or employee.
`
`
`DEMAND FOR LEGAL REPRESENTATION
`
`
`Demand is hereby made that each party serv