FILED: SUFFOLK COUNTY CLERK 03/06/2023 10:02 AM
`NYSCEF DOC. NO. 11
`
`INDEX NO. 602834/2023
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`RECEIVED NYSCEF: 03/06/2023
`
`
`
`----------------------------------------x
`
`
`Index No.:
`602834/2023
`
`VERIFIED ANSWER
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`
`WILMA STENSLAND, as Administrator of the
`Estate of BRUCE STENSLAND, deceased and
`WILMA STENSLAND, individually,
`
`
`
`
`
`
`
`
`
`
` Plaintiffs,
`
` -against-
`
`
`ANTHONY CAPPELLINO, M.D., ANTHONY GUIDA,
`M.D., ALEXANDER WEINGARTEN, M.D.,
`COMPREHENSIVE PAIN MANAGEMENT ASSOCIATES,
`CATHOLIC HEALTH SYSTEM OF LONG ISLAND,
`INC. and GOOD SAMARITAN HOSPITAL MEDICAL
`CENTER,
`
`
` Defendants.
`
`
`
`
`----------------------------------------x
`
`
`
`Defendant, ANTHONY GUIDA, M.D., by his attorneys, GABRIELE
`
`MARANO, LLP, answers the plaintiff’s Complaint, upon information
`
`and belief as follows:
`
`AS AND FOR AN ANSWER
`TO THE FIRST CAUSE OF ACTION
`
`
`
`1.
`
`Denies any knowledge or information thereof sufficient
`
`to form a belief as to the allegations set forth in paragraphs
`
`designated “1”, “2”, “4”, “6”, “7”, “8”, “9”, “10”, “11”, “12”,
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`“13”, “14”, “15”, “16”, “17”, “18”, “19”, “20”, “32”, “33”, “34”,
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`“35”, “36”, “37”, “38”, “39”, “40”, “41”, “42”, “43”, “44”, “45”
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`“46”, “47”, “48”, “49”, “50”, “51”, “52”, “54”, “55”, “56”, “57”,
`
`“58”, “60”, “61”, “62” and “63” of the Complaint.
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`1 of 12
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`

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`FILED: SUFFOLK COUNTY CLERK 03/06/2023 10:02 AM
`NYSCEF DOC. NO. 11
`
`INDEX NO. 602834/2023
`
`RECEIVED NYSCEF: 03/06/2023
`
`
`
`
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`2.
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`Denies each and every allegation set forth in paragraphs
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`designated “3”, “24”, “28”, “29”, “30”, “31”, “64”, “65” and “66”
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`of the Complaint.
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`3.
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`Denies each and every allegation set forth in paragraphs
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`designated “5”, “26”, “27”, and “59” of the Complaint, and begs
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`leave to refer all issues of law to this Honorable Court and all
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`questions of fact to a trial therein.
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`4.
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`Denies in the form alleged each and every allegation set
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`forth in paragraphs designated “21”, “22” and “23” of the Complaint,
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`except admits that for all relevant times defendants, ANTHONY GUIDA,
`
`M.D., was a physician duly licensed to practice medicine in the
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`State of New York and Board Certified in Family Medicine.
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`5.
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`Denies in the form alleged each and every allegation set
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`forth in paragraph designated “25” of the Complaint, and begs leave
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`to refer all issues of law to this Honorable Court and all
`
`questions of fact to a trial therein.
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`6.
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`Denies in the form alleged each and every allegation set
`
`forth in paragraph designated “53” of the Complaint, except admits
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`any care rendered by defendant, ANTHONY GUIDA, M.D., to plaintiff
`
`comported with accepted standards of medical practice.
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`AS AND FOR AN ANSWER
`TO THE SECOND CAUSE OF ACTION
`
`
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`7.
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`Repeats and reiterates each and every admission and denial
`
`to the allegations set forth in paragraphs “l” through “66” of the
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`
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`2
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`2 of 12
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`FILED: SUFFOLK COUNTY CLERK 03/06/2023 10:02 AM
`NYSCEF DOC. NO. 11
`
`INDEX NO. 602834/2023
`
`RECEIVED NYSCEF: 03/06/2023
`
`
`
` Complaint with the same force and effect as if herein set forth at
`
`length in answer to the allegations set forth in paragraph
`
`designated “67” of the Complaint.
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`8.
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`Denies any knowledge or information thereof sufficient
`
`to form a belief as to the allegations set forth in paragraphs
`
`designated “68”, “70”, “71”, “74”, “76”, “77”, “80”, “82”, “83”,
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`“86”, “88”, and “89” of the Complaint.
`
`9.
`
`Denies each and every allegation set forth in paragraphs
`
`designated “69”, “72”, “73”, “75”, “78”, “79”, “81”, “84”, “85”,
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`“87”, “90”, “91” “92” and “93” of the Complaint.
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`AS AND FOR AN ANSWER
`TO THE THIRD CAUSE OF ACTION
`
`
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`10. Repeats and reiterates each and every admission and denial
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`to the allegations set forth in paragraphs “l” through “93” of the
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`Complaint with the same force and effect as if herein set forth at
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`length in answer to the allegations set forth in paragraph
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`designated “94” of the Complaint.
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`11. Denies any knowledge or information thereof sufficient
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`to form a belief as to the allegations set forth in paragraphs
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`designated “95”, “97”, and “98” of the Complaint.
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`12. Denies each and every allegation set forth in paragraphs
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`designated “96”, “99,” “100,” “101,” and “102” of the Complaint.
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`3
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`3 of 12
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`FILED: SUFFOLK COUNTY CLERK 03/06/2023 10:02 AM
`NYSCEF DOC. NO. 11
`
`INDEX NO. 602834/2023
`
`RECEIVED NYSCEF: 03/06/2023
`
`
`
`
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`AS AND FOR AN ANSWER
`TO THE FOURTH CAUSE OF ACTION
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`13. Repeats and reiterates each and every admission and denial
`
`to the allegations set forth in paragraphs “l” through “102” of the
`
`Complaint with the same force and effect as if herein set forth at
`
`length in answer to the allegations set forth in paragraph
`
`designated “103” of the Complaint.
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`14. Denies each and every allegation set forth in paragraphs
`
`designated “104”, “105”, “106” and “107” of the Complaint.
`
`AS AND FOR AN ANSWER
`TO THE FIFTH CAUSE OF ACTION
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`15. Repeats and reiterates each and every admission and denial
`
`to the allegations set forth in paragraphs “l” through “107” of the
`
`Complaint with the same force and effect as if herein set forth at
`
`length in answer to the allegations set forth in paragraph
`
`designated “108” of the Complaint.
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`16. Denies each and every allegation set forth in paragraph
`
`designated “109” of the Complaint, and begs leave to refer all
`
`issues of law to this Honorable Court and all questions of fact to
`
`a trial therein.
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`17. Denies each and every allegation set forth in paragraphs
`
`designated “110” and “111” of the Complaint.
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`4
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`4 of 12
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`

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`FILED: SUFFOLK COUNTY CLERK 03/06/2023 10:02 AM
`NYSCEF DOC. NO. 11
`
`INDEX NO. 602834/2023
`
`RECEIVED NYSCEF: 03/06/2023
`
`
`
`
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`AS AND FOR A FIRST, SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE TO EACH AND
`EVERY CAUSE OR CAUSES OF ACTION IN THE
`COMPLAINT OF THE PLAINTIFF, THE DEFENDANT ALLEGES:
`
`18. That the alleged causes of action of the plaintiff, as
`
`stated in the Complaint, are time-barred in that this action was
`
`not commenced within the period of the applicable Statute of
`
`Limitations.
`
`AS AND FOR A SECOND, SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE TO EACH AND
`EVERY CAUSE OR CAUSES OF ACTION IN THE
`COMPLAINT OF THE PLAINTIFF, THE DEFENDANT ALLEGES:
`
`
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`19. That this Court lacks jurisdiction over the person of
`
`the defendant.
`
`AS AND FOR A THIRD, SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE TO EACH AND
`EVERY CAUSE OR CAUSES OF ACTION IN THE
`COMPLAINT OF THE PLAINTIFF, THE DEFENDANT ALLEGES:
`
`
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`20. Defendant asserts any and all defenses including
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`immunity from liability and other protections afforded by Article
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`30-D of the New York Public Health Law, any and all executive
`
`orders enacted by Governor Cuomo in response to the disaster
`
`emergency (Covid-19), and any other applicable state law, rule,
`
`regulation, or executive order enacted in response to the disaster
`
`emergency (Covid-19).
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`5
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`5 of 12
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`

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`FILED: SUFFOLK COUNTY CLERK 03/06/2023 10:02 AM
`NYSCEF DOC. NO. 11
`
`INDEX NO. 602834/2023
`
`RECEIVED NYSCEF: 03/06/2023
`
`
`
`
`
`
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`AS AND FOR A FOURTH, SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE TO EACH AND
`EVERY CAUSE OR CAUSES OF ACTION IN THE
`COMPLAINT OF THE PLAINTIFF, THE DEFENDANT ALLEGES:
`
`21. Defendant asserts any all defenses including immunity
`
`from liability and other protections afforded under H.R.748 (CARES
`
`Act) and the Public Readiness and Emergency Preparedness Act
`
`(PREP), and any other applicable federal law, rule, regulation,
`
`order, or act enacted in response to the disaster emergency (Covid-
`
`19).
`
`
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`AS AND FOR A FIFTH, SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE TO EACH AND
`EVERY CAUSE OR CAUSES OF ACTION IN THE
`COMPLAINT OF THE PLAINTIFF, THE DEFENDANT ALLEGES:
`
`22. That the plaintiff has failed to state a cause of action
`
`upon which relief can be granted.
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`AS AND FOR A SIXTH, SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE TO EACH AND
`EVERY CAUSE OR CAUSES OF ACTION IN THE
`COMPLAINT OF THE PLAINTIFF, THE DEFENDANT ALLEGES:
`
`
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`23. Plaintiff failed to take reasonable steps to mitigate
`
`his/her damages allegedly incurred.
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`AS AND FOR A SEVENTH, SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE TO EACH AND
`EVERY CAUSE OR CAUSES OF ACTION IN THE
`COMPLAINT OF THE PLAINTIFF, THE DEFENDANT ALLEGES:
`
`
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`24. That the plaintiff lacks the legal capacity to commence
`
`this lawsuit.
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`6
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`6 of 12
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`

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`FILED: SUFFOLK COUNTY CLERK 03/06/2023 10:02 AM
`NYSCEF DOC. NO. 11
`
`INDEX NO. 602834/2023
`
`RECEIVED NYSCEF: 03/06/2023
`
`
`
`
`
`
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`AS AND FOR AN EIGHTH, SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE TO EACH AND
`EVERY CAUSE OR CAUSES OF ACTION IN THE
`COMPLAINT OF THE PLAINTIFF, THE DEFENDANT ALLEGES:
`
`25. That in the event of any award made to the plaintiff,
`
`the defendant is entitled to a Set-Off with respect to the amounts
`
`of any and all payments made to the plaintiff in settlement of any
`
`claims arising out of the claims of damages or injuries alleged in
`
`this action pursuant to N.Y. General Obligations Law §15-108.
`
`AS AND FOR A NINTH, SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE TO EACH AND
`EVERY CAUSE OR CAUSES OF ACTION IN THE
`COMPLAINT OF THE PLAINTIFF, THE DEFENDANT ALLEGES:
`
`
`
`26. The answering defendant reserves the right to claim the
`
`limitations of liability pursuant to Article 16 of the CPLR, for
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`any recovery herein by the plaintiff for non-economic loss.
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`AS AND FOR A TENTH, SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE TO EACH AND
`EVERY CAUSE OR CAUSES OF ACTION IN THE
`COMPLAINT OF THE PLAINTIFF, THE DEFENDANT ALLEGES:
`
`
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`27. That if the plaintiff was injured and damaged at the
`
`time and place set forth in the complaint, in the manner alleged
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`in the complaint, and if it be further determined, after trial,
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`that the said injuries and damages, breach of warranty, strict
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`liability, or malpractice were due to the negligence of these
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`defendants, or the plaintiff was responsible in whole or in part
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`for his/her own injuries, these defendants demand that the relative
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`responsibility of these defendants and plaintiff be determined on
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`7
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`7 of 12
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`

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`FILED: SUFFOLK COUNTY CLERK 03/06/2023 10:02 AM
`NYSCEF DOC. NO. 11
`
`INDEX NO. 602834/2023
`
`RECEIVED NYSCEF: 03/06/2023
`
`
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` the facts so that liability therefore may be apportioned among the
`
`said defendants as set forth, and as provided for in CPLR Articles
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`14 and 14-A.
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`AS AND FOR AN ELEVENTH, SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE TO EACH AND
`EVERY CAUSE OR CAUSES OF ACTION IN THE
`COMPLAINT OF THE PLAINTIFF, THE DEFENDANT ALLEGES:
`
`
`
`28. That the plaintiff failed to serve a Certificate of Merit
`
`in accordance with CPLR §3012-a.
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`AS AND FOR A TWELFTH, SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE TO EACH AND
`EVERY CAUSE OR CAUSES OF ACTION IN THE
`COMPLAINT OF THE PLAINTIFF, THE DEFENDANT ALLEGES:
`
`
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`29. If plaintiff is entitled to recover damages for loss of
`
`earnings or impairment of earning ability as against defendant,
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`ANTHONY GUIDA, M.D., by reason of the matters alleged in the
`
`Complaint, liability for which is denied herein, then pursuant to
`
`CPLR 4546 the amount of damages recoverable against said defendant,
`
`if any, shall be reduced by the amount of Federal, State and Local
`
`income taxes which the plaintiff would have been obligated by law
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`to pay.
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`AS AND FOR A THIRTEENTH, SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE TO EACH AND
`EVERY CAUSE OR CAUSES OF ACTION IN THE
`COMPLAINT OF THE PLAINTIFF, THE DEFENDANT ALLEGES:
`
`
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`30. To the extent that the plaintiff’s Complaint alleges
`
`defendant’s failure to obtain an informed consent, defendant
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`8
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`8 of 12
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`

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`FILED: SUFFOLK COUNTY CLERK 03/06/2023 10:02 AM
`NYSCEF DOC. NO. 11
`
`INDEX NO. 602834/2023
`
`RECEIVED NYSCEF: 03/06/2023
`
`
`
` hereby asserts each and every applicable defense set forth in
`
`Public Health Law §2805-d.
`
`AS AND FOR A FOURTEENTH, SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE TO EACH AND
`EVERY CAUSE OR CAUSES OF ACTION IN THE
`COMPLAINT OF THE PLAINTIFF, THE DEFENDANT ALLEGES:
`
`
`
`31. That any injuries sustained or suffered by the plaintiff,
`
`as stated in the Complaint herein, were caused in whole or in part
`
`by the comparative negligence, fault and/or want of care of the
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`plaintiff and the amount of damages awarded herein, if any, should
`
`be denied or diminished in proportion to the amount of said culpable
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`conduct and negligence of plaintiff.
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`AS AND FOR A FIFTEENTH, SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE TO EACH AND
`EVERY CAUSE OR CAUSES OF ACTION IN THE
`COMPLAINT OF THE PLAINTIFF, THE DEFENDANT ALLEGES:
`
`
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`32. This action is barred by doctrine of res judicata.
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`WHEREFORE, the defendant demands judgment dismissing the
`
`Complaint of the plaintiff herein, together with the costs and
`
`disbursements of this action.
`
`Dated:
`
`Garden City, New York
`March 2, 2023
`
`
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`9
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`9 of 12
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`

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`FILED: SUFFOLK COUNTY CLERK 03/06/2023 10:02 AM
`NYSCEF DOC. NO. 11
`
`INDEX NO. 602834/2023
`
`RECEIVED NYSCEF: 03/06/2023
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`Yours, etc.
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`GABRIELE MARANO, LLP
`
`By: _________________________
`
`Melissa Goldberg
`Attorneys for Defendant
`ANTHONY GUIDA, M.D.
`Office and P.O. Address
`100 Quentin Roosevelt Blvd.
`P.O. Box 8022
`Garden City, New York 11530
`(516) 542-1000
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`TO:
`
`DELL & DEAN, PLLC
`Attorneys for Plaintiff
`1225 Franklin Avenue, Suite 450
`Garden City NY, 11530
`(516)880-9700
`
`RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN, LLP
`Attorney for Defendant
`ANTHONY CAPPELLINO, M.D.
`1225 Franklin Avenue, Suite 200
`Garden City, New York 11530
`(516) 344-6376
`
`FUMUSO, KELLY, SWART, FARRELL,
`POLIN & CHRISTESEN, LLP
`Attorney for Defendants
`ALEXANDER WEINGARTEN, M.D. and
`COMPREHENSIVE PAIN MANAGEMENT ASSOCIATES
`110 Marcus Boulevard
`Hauppauge, New York 11788
`(631)232-0200
`
`LEWIS, JOHS, AVALLONE & AVILES, LLP
`Attorneys for Defendants
`CATHOLIC HEALTH SYSTEM OF LONG ISLAND, INC.
`and GOOD SAMARITAN HOSPITAL MEDICAL CENTER
`1377 Motor Parkway, Suite 400
`Islandia, New York 11749
`(631)755-0101
`
`
`
`
`
`
`10
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`10 of 12
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`

`

`FILED: SUFFOLK COUNTY CLERK 03/06/2023 10:02 AM
`NYSCEF DOC. NO. 11
`
`INDEX NO. 602834/2023
`
`RECEIVED NYSCEF: 03/06/2023
`
`
`
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`
`
`ATTORNEY’S VERIFICATION
`
`Melissa Goldberg, an attorney duly admitted to practice in
`
`the State of New York, states the following under the penalties of
`
`perjury:
`
`That she is a partner of the law firm of GABRIELE MARANO, LLP,
`
`attorneys for the defendant, ANTHONY GUIDA, M.D., in this action,
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`that she has read the foregoing Answer and knows the contents
`
`thereof, that the same is true to her knowledge except as to the
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`matters therein stated to be alleged upon information and belief,
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`and as to these matters she believes them to be true.
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`Affirmant further states that the reason this verification is
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`made by her, and not by the defendant is that the defendant, ANTHONY
`
`GUIDA, M.D., is not located and/or does not reside within the County
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`of Nassau where GABRIELE MARANO, LLP have their office.
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`All matters herein stated upon information and belief are
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`based upon affirmant’s file, correspondence and conversation with
`
`the defendant.
`
`Garden City, New York
`March 2, 2023
`
`
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`_______________________
`Melissa Goldberg
`
`Dated:
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`11
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`11 of 12
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`FILED: SUFFOLK COUNTY CLERK 03/06/2023 10:02 AM
`NYSCEF DOC. NO. 11
`
`INDEX NO. 602834/2023
`
`RECEIVED NYSCEF: 03/06/2023
`
`
`Index No.:
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`Year:
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`_____________________________________________________________________________________________
`WILMA STENSLAND, as Administrator of the Estate of BRUCE STENSLAND, decreased and WILMA
`STENSLAND, individually,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`-against-
`
`
`ANTHONY CAPPELLINO, M.D., ANTHONY GUIDA, M.D., ALEXANDER WEINGARTEN, M.D.,
`COMPREHENSIVE PAIN MANAGEMENT ASSOCIATES, CATHOLIC HEALTH SYSTEM OF LONG
`ISLAND, INC. and GOOD SAMARITAN HOSPITAL MEDICAL CENTER,
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`_____________________________________________________________________________________________
`
`
`VERIFIED ANSWER
`_____________________________________________________________________________________________
`LAW OFFICES OF
`GABRIELE MARANO, LLP
`Attorneys for Defendant
`ANTHONY GUIDA, M.D.
`Office and Post Office Address, Telephone
`100 QUENTIN ROOSEVELT BLVD.
`P.O. BOX 8022
`GARDEN CITY, NEW YORK 11530
`(516) 542-1000
`_____________________________________________________________________________________________
`To
`Attorneys for
`_____________________________________________________________________________________________
`Service of a copy of the within
`
`
`
`
`
`is hereby admitted
`Dated,
`…………………………………………
`
`
`
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`
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`Attorney(s) for
`
`
`
`
`
`
`
`
`_____________________________________________________________________________________________
`Sir: - Please take notice
`[ ] NOTICE OF ENTRY
`
`
`that the within is a (certified) true copy of a
`duly entered in the office of the clerk of the within named court on
`[ ] NOTICE OF SETTLEMENT
`that an order
`
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`settlement to the HON.
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`of the within named court, at
`on
`
`
`20 at
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`
`Dated,
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`To
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`Attorney(s) for
`
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`20
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`of which the within is a true copy will be presented for
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`one of the judges
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`M.
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` Yours, etc.
`
`
` LAW OFFICES OF
`
` GABRIELE MARANO, LLP
`
` Attorneys for
`
`Office and Post Office Address, Telephone
`
` 100 QUENTIN ROOSEVELT BLVD.
`
` P.O. BOX 8022
`
`GARDEN CITY, NEW YORK 11530
`
` (516) 542-1000
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`12 of 12
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