throbber
FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`NYSCEF DOC. NO. 265
`RECEIVED NYSCEF: 03/08/2019
`
`INDEX NO. 51682/2015
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER
`-----------------------------------------------------------------------x
`A.F., JR., An Infant by his parent and natural guardian,
`CHRISTINE FERRO, and CHRISTINE FERRO,
`Individually,
` Plaintiffs,
`
` -against-
`SHAHID PARVEZ, RONALD
`JACOBSON, MICHAEL TOBIAS, KATRINA STIDHAM,
`PEDIATRIC NEUROLOGY ASSOCIATES, P.C.,
`NEUROLOGICAL AND SPINE SURGERY
`ASSOCIATES, P.C., ENT FACULTY PRACTICE, LLP,
`
` Defendants.
`-----------------------------------------------------------------------x
`
`
` Index No 51682/2015
`
`
`
`
`NOTICE OF APPEAL
`
`
`
`PLEASE TAKE NOTICE that Defendants SHAHID PARVEZ, MICHAEL
`
`TOBIAS, KATRINA STIDHAM, PEDIATRIC NEUROLOGY ASSOCIATES, P.C.,
`
`NEUROLOGICAL AND SPINE SURGERY ASSOCIATES, P.C., and ENT FACULTY
`
`PRACTICE, LLP hereby appeal to the Appellate Division of the Supreme Court of the State of
`
`New York, Second Judicial Department, from the judgment of the Supreme Court, Westchester
`
`County, dated and entered February 6, 2019, and said Defendants appeal from each and every
`
`part of the judgment as well as the whole thereof.
`
`Dated: March 8, 2019
` New York, New York
`
`
`
`
`
`
`
`RUBIN PATERNITI GONZALEZ KAUFMAN, LLP
`
`
`by___________________________
` James W. Tuffin, Of Counsel
`Attorneys for Defendants
`555 Fifth Avenue, Sixth Floor
`New York, NY 10017
`(646) 809-3370
`
`
`1 of 25
`
`

`

`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`NYSCEF DOC. NO. 265
`RECEIVED NYSCEF: 03/08/2019
`
`INDEX NO. 51682/2015
`
`To: MEAGHER & MEAGHER, P.C.
`Attorneys for Plaintiff
`111 Church Street
`White Plains, New York 10601
`(914) 328-8844
`
`
`
`
`
`2 of 25
`
`

`

`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`NYSCEF DOC. NO. 265
`RECEIVED NYSCEF: 03/08/2019
`
`INDEX NO. 51682/2015
`
`Informational Statement (Pursuant to 22 NYCRR 1250.3 [a]) - Civil
`
`Case Title: Set forth the title of the case as it appears on the summons, notice of petition or order to
`show cause by which the matter was or is to be commenced, or as amended.
`
`For Court of Original Instance
`
`- against -
`
`Date Notice of Appeal Filed
`
`For Appellate Division
`
`Case Type
`
`Filing Type
`
`Civil Action
`CPLR article 75 Arbitration
`
`CPLR article 78 Proceeding
`Special Proceeding Other
`Habeas Corpus Proceeding
`
`Appeal
`Original Proceedings
`CPLR Article 78
`Eminent Domain
`Labor Law 220 or 220-b
`Public Officers Law § 36
`Real Property Tax Law § 1278
`
`Transferred Proceeding
`CPLR Article 78
`Executive Law § 298
`CPLR 5704 Review
`
`Nature of Suit: Check up to
`
` of the following categories which best reflect the nature of the case.
`
`Administrative Review
`Declaratory Judgment
`Family Court
`Real Property
`(other than foreclosure)
`
`Business Relationships
`Domestic Relations
`Mortgage Foreclosure
`Statutory
`
`Commercial
`Election Law
`Miscellaneous
`Taxation
`
`Contracts
`Estate Matters
`Prisoner Discipline & Parole
`Torts
`
`3 of 25
`
`

`

`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`NYSCEF DOC. NO. 265
`RECEIVED NYSCEF: 03/08/2019
`
`INDEX NO. 51682/2015
`
`Paper Appealed From (Check one only):
`
`Appeal
`
`Amended Decree
`Amended Judgement
`Amended Order
`Decision
`Decree
`Court:
`Dated:
`Judge (name in full):
`Stage:
` Interlocutory
`
`Determination
`Finding
`Interlocutory Decree
`Interlocutory Judgment
`Judgment
`
` Final
`
` Post-Final
`Prior Unperfected Appeal
`
`If an appeal has been taken from more than one order or
`judgment by the filing of this notice of appeal, please
`indicate the below information for each such order or
`judgment appealed from on a separate sheet of paper.
`Order
`Resettled Order
`Order & Judgment
`Ruling
`Partial Decree
`Other (specify):
`Resettled Decree
`Resettled Judgment
`County:
`Entered:
`Index No.:
` No If Yes:
`Trial:
` Yes
`Information
`
` Non-Jury
`
` Jury
`
`Are any appeals arising in the same action or proceeding currently pending in the court?
`If Yes, please set forth the Appellate Division Case Number assigned to each such appeal.
`
`Yes
`
` No
`
`Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other
`jurisdiction, and if so, the status of the case:
`
`Original Proceeding
`
` Writ of Habeas Corpus Date Filed:
` Notice of Petition
` Order to Show Cause
`Commenced by:
`Statute authorizing commencement of proceeding in the Appellate Division:
`
`Court:
`Judge (name in full):
`
`Court:
`Judge (name in full):
`
`Proceeding Transferred Pursuant to CPLR 7804(g)
`
`County:
`Order of Transfer Date:
`CPLR 5704 Review of Ex Parte Order:
`
`County:
`Dated:
`Description of Appeal, Proceeding or Application and Statement of Issues
`
`Description: If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief
`requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred
`pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the
`nature of the ex parte order to be reviewed.
`
`4 of 25
`
`

`

`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`NYSCEF DOC. NO. 265
`RECEIVED NYSCEF: 03/08/2019
`
`INDEX NO. 51682/2015
`
`Issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review
`
`Party Information
`
`Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an
`
` appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this
`form is to be filed for a proceeding commenced in this court, fill in only the party’s name and his, her, or its status in this
`court.
`
`Party Name
`
`Original Status
`
`Appellate Division Status
`
`No.
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`
`5 of 25
`
`

`

`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`NYSCEF DOC. NO. 265
`RECEIVED NYSCEF: 03/08/2019
`
`INDEX NO. 51682/2015
`
`Attorney Information
`
`Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the
`notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division,
`only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or
`himself, the box marked “Pro Se” must be checked and the appropriate information for that litigant must be supplied
`in the spaces provided.
`
`State:
`
`Zip:
`
`State:
`
`Zip:
`
`State:
`
`Zip:
`
`Attorney/Firm Name:
`Address:
`City:
`E-mail Address:
` Government
` Assigned
`Retained
`Attorney Type:
`Party or Parties Represente (set forth party number(s) from table above :
`Attorney/Firm Name:
`Address:
`City:
`E-mail Address:
` Government
` Assigned
`Retained
`Attorney Type:
`Party or Parties Represented (set forth party number(s) from table above :
`Attorney/Firm Name:
`Address:
`City:
`E-mail Address:
` Government
` Assigned
`Retained
`Attorney Type:
`Party or Parties Represented (set forth party number(s) from table above :
`Attorney/Firm Name:
`Address:
`City:
`E-mail Address:
` Government
` Assigned
`Retained
`Attorney Type:
`Party or Parties Represented (set forth party number(s) from table above :
`Attorney/Firm Name:
`Address:
`City:
`E-mail Address:
` Government
` Assigned
`Retained
`Attorney Type:
`Party or Parties Represented (set forth party number(s) from table above :
`Attorney/Firm Name:
`Address:
`City:
`E-mail Address:
` Government
` Assigned
`Retained
`Attorney Type:
`Party or Parties Represented (set forth party number(s) from table above :
`
`State:
`
`Zip:
`
`State:
`
`Zip:
`
`State:
`
`Zip:
`
`6 of 25
`
`Telephone No:
`
` Pro Se
`
` Pro Hac Vice
`
`Telephone No:
`
` Pro Se
`
` Pro Hac Vice
`
`Telephone No:
`
` Pro Se
`
` Pro Hac Vice
`
`Telephone No:
`
` Pro Se
`
` Pro Hac Vice
`
`Telephone No:
`
` Pro Se
`
` Pro Hac Vice
`
`Telephone No:
`
` Pro Se
`
` Pro Hac Vice
`
`

`

`INDEX NO. 51682/2015
`IFILED: WESTCHESTER COUNTY CLERK 02/20/2019 08:41~~AMl
`INDEX NO. 51682/2015
`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`RECEIVED NYSCEF: 02/20/2019
`NYSCEF DOC. NO. 262
`RECEIVED NYSCEF: 03/08/2019
`NYSCEF DOC. NO. 265
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER
`
`JR., An Infant by his parent
`F
`A
`and natural guardian, CHRISTINE FERRO, and
`CHRISTINE FERRO, Individually,
`
`X
`
`Index No.: 51682/2015
`
`Plaintiff,
`
`-against-
`
`NOTICE OF ENTRY
`WITH JUDGMENT
`
`SHAHID PARVEZ, RONALD JACOBSON, MICHAEL
`TOBIAS, KATRINA STIDHAM, PEDIATRIC
`NEUROLOGY ASSOCIATES, P.C., NEUROLOGICAL
`AND SPINE SURGERY ASSOCIATES, P.C. and ENT
`FACULTY PRACTICE, LLP,
`
`SIRS:
`
`Defendants.
`
`X
`
`PLEASE TAKE NOTICE that the within is a true copy of the Judgment dated February 6
`2019 of the Honorable William J. Giacomo, J.S.C., filed and entered in the office of the Clerk of
`the within named Court on February 6, 2019.
`
`Dated: White Plains, New York
`February 19, 2019
`
`Respectfully submitted,
`MEAGHER & MEAGHER? P.C.
`
`By:
`Keith J. Clarke, Esq.
`Attorneys for Plaintiff
`111 Church Street
`White Plains, New York 10601
`(914)328-8844
`
`TO:
`
`Rubin, Sheeley Paterniti Gonzalez Kaufman, LLP
`420 Lexington Avenue Ste 1820
`New York, New York 10017
`
`7 of 25
`1 of 17
`
`

`

`INDEX NO. 51682/2015
`[FILED: WESTCHESTER COUNTY CLERK 02/20/2019 08:41 AMI
`INDEX NO. 51682/2015
`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`RECEIVED NYSCEF: 02/20/2019
`NYSCEF DOC. NO. 262
`RECEIVED NYSCEF: 03/08/2019
`NYSCEF DOC. NO. 265
`
`SHAHID PARVEZ
`8 Riverview Farm Road
`Ossining, New York 10562
`
`RONALD JACOBSON
`808 Columbus Avenue #15H
`New York, New York 10025
`
`MICHAEL TOBIAS
`808 Columbus Avenue #15H
`New York, New York 10025
`
`KATRINA STIDHAM
`44 Fulling Avenue
`Tuckahoe, New York 10707
`
`PEDIATRIC NEUROLOGY ASSOCIATES P.C.
`c/o Rubin, Sheeley Patemiti Gonzalez Kaufman, LLP
`420 Lexington Avenue Ste 1820
`New York, New York 10017
`
`NEUROLOGIAL AND SPINE SURGERY ASSOCIATES, P.C.
`c/o Rubin, Sheeley Patemiti Gonzalez Kaufinan, LLP
`420 Lexington Avenue Ste 1820
`New York, New York 10017
`
`ENT FACULTY PRACTICE, LLP
`c/o Rubin, Sheeley Patemiti Gonzalez Kaufman, LLP
`420 Lexington Avenue Ste 1820
`New York, New York 10017
`
`2 of 17
`8 of 25
`
`

`

`[FILED: WESTCHESTER COUNTY CLERK 02/20/2019 08:41 AMI
`INDEX NO. 51682/2015
`INDEX NO. 51682/2015
`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`n^FJHbEBdc.WESTGHESTER COUNTY CLERK 02/06/2019 04:50 PMkECEivE^l^iggF:
`NYSCEF DOC. NO. 265
`RECEIVED NYSCEF: 03/08/2019
`NYSCEF DOC. NO. 261
`RECEIVED NYSCEF: 02/06/2019
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER
`
`A.F., JR., An Infant by his parent and natural guardian,
`CHRISTINE FERRO, and CHRISTINE FERRO,
`Individually,
`
`Plaintiffs,
`
`—x
`
`-against-
`SHAHID PARVEZ, RONALD
`JACOBSON, MICHAEL TOBIAS, KATRINA STIDHAM,
`PEDIATRIC NEUROLOGY ASSOCIATES, P.C.,
`NEUROLOGICAL AND SPINE SURGERY
`ASSOCIATES, P.C., ENT FACULTY- PRACTICE, LLP,
`
`Defendants.
`
`—x
`
`Index No 51682/2015
`
`JUDGMENT
`
`COUNSELORS:
`The issues in the above-entitled action having come on for a liability and damages trial
`
`before the HON. WILLIAM J. GIACOMO, J.S.C. and a jury in the Supreme Court Westchester
`
`County, held in the Courthouse thereof at 1H Dr. Martin Luther King Jr. Boulevard, White
`
`Plains, New York 10601 between July 18 and August 8 of 2018; and the Plaintiff, A.F., JR., An
`
`Infant by his parent and natural guardian, CHRISTINE FERRO, and CHRISTINE FERRO,
`
`Individually, residing at 204 Sheffield Court, Brewster, New York 10509, having appeared
`
`through their attorneys, Meagher & Meagher, P.C., by Christopher Meagher, Esq. and Keith
`
`Clarke, Esq. and the Defendants. SHAHID PARVEZ, residing at 8 Rivcrview Farm Road,
`
`Ossining, New York 10562, RONALD JACOBSON, MICHAEL TOBIAS, residing at 808
`
`Columbus Avenue # 15H, New York, New York 10025, KATRINA STIDHAM, residing at 44
`
`Fulling Avenue, Tuckahoe, New York 10707, PEDIATRIC NEUROLOGY ASSOCIATES,
`P.C., NEUROLOGICAL AND SPINE SURGERY ASSOCIATES, P.C. ENT FACULTY
`PRACTICE, LLP, having appeared through their attorneys, Rubin Sheeley, Patemiti Gonzalez,
`
`1 of 13
`3 of 17
`9 of 25
`
`i i
`
`!
`
`

`

`INDEX NO. 51682/2015
`INDEX NO. 51682/2015
`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`[FILED: WESTCHESTER COUNTY CLERK 02/20/2019 08:41 AMI
`NtBiaiEDCF.WESTCHESTER COUNTY CLERK 02/06/2019 04:50 PMIreceivS^P^^f^
`NYSCEF DOC. NO. 265
`RECEIVED NYSCEF: 03/08/2019
`RErETVED-JVTYRrEFr n?/nfi/7mQ
`NYSCEF DOC. NO. 261
`
`Kaufman, by John Paterniti Esq.
`
`AND, the issues having been duly tried, and the jury, after due deliberation, having
`
`returned a verdict on the 8th of August 2018, finding the Defendant SHAHID PARVEZ (and
`
`PEDIATRIC NEUROLOGY ASSOCIATES, P.C who is vicariously liable for PARVEZ) 30%
`
`' liable. Defendant RONALD JACOBSON 0% liable, Defendant MICHAEL TOBIAS 5% liable,
`
`Defendant KATRINA STIDHAM 25% liable, and non-party Michael Tenner 40% liable. After
`
`due deliberation, the jury determined that SHAHID PARVEZ, MICHAEL TOBIAS, and
`
`KATRINA STIDHAM departed from accepted standards of care and those departures were a
`
`substantial factor in causing Plaintiffs injuries. The jury awarded damages as follows:
`
`Past Pain and Suffering: $3,000,000.00
`
`Future Pain and Suffering: $4,500,000.00
`
`Number of Years for Future Award: 33 years
`
`Past Medical Expenses: $105,699.95
`
`Total Award: $7,605,699.95
`
`AND, Plaintiffs having agreed to withdrawing its claim for the portion of the aforesaid
`
`verdict as to Past Medical Expenses in the amount of $105,699,95 and amending said verdict to
`
`reflect a new total award of $7,500,000.00. (See Stipulation).
`
`AND, General Obligations Law§ 15-108, "reduces the claim of the releasor against the
`
`other tortfeasors to the extent of any amount stipulated by the release or the covenant, or in the
`
`amount of the consideration paid for it, or in the amount of the released tortfeasor's equitable
`
`share of the damages under article fourteen of the civil practice law and rules, whichever is the
`
`greatest." Applying General Obligations Law § 15-108, the verdict is reduced by operation of
`
`2 of 13
`4 of 17
`10 of 25
`
`

`

`INDEX NO. 51682/2015
`[FILED: WESTCHESTER COUNTY CLERK 02/20/2019 08:41 AMI
`INDEX NO. 51682/2015
`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`N'tEmEEDC.WBSESHESTER COUNTY CLERK 02/06/2019 04:50 PM|RECEivigDfi¥sffgiF9
`NYSCEF DOC. NO. 265
`RECEIVED NYSCEF: 03/08/2019
`RECEIVED NYSrEFp 0^/06/201 Q
`NYSCEF DOC. NO. 261
`
`law to $4,500,000,00 (it is reduced by $3,000,000.00 which is Michael Termer’s equitable share
`
`of liability). This $4,500,000.00 verdict has a present value of $4,536,404.44.
`
`The past pain and suffering award is $3,000,000,00. This figure represents 40% of the
`
`total jury award. Adjusting for TENNER'S equitable share results in a total of past damages
`
`$1,800,000.00 (this figure represents the 60% share of accountability bome by the non-settling
`
`Defendants). The future pain and suffering award is $4,500,000.00. This figure represents 60%
`
`of the total jury award. Adjusting for TENNER'S equitable share results in a total of future
`
`damages (prior to taking into account interest, etc.) $2,700,000.00. (this figure represents the
`
`60% share of accountability borne by the non-settling Defendants).
`
`In order to determine the allocation to be made among the non-settling Defendants for
`
`past and future damages - one must identify each Defendants' respective share owed of past and
`
`future damages. This calculation is done as follows:
`
`Defendant SHAHID PARVEZ and PEDIATRIC NEUROLOGY ASSOCIATES, P.C.
`
`was determined to be 30% liable and as such is responsible for $900,000.00 of the past damages
`
`(00.3Ox 3,000,000). SHAHID PARVEZ and PEDIATRIC NEUROLOGY ASSOCIATES, P.C.
`
`are therefore responsible for 50% share of the damages (900,000 is 50% of 1,800,000 )
`
`Defendant KATRINA STIDHAM and ENT FACULTY PRACTICE, LLP .was
`
`determined to be 25% liable and as such is responsible for $750,000.00 of the past damages
`
`(00.2Sx 3,000,000). KATRINA STIDHAM and ENT FACULTY PRACTICE, LLP are therefore
`
`responsible for 42% share of foe damages. (750,000 is approximately 41.6% ofl,800,000)
`
`Defendant MICHAEL TOBIAS was determined to be 5% liable and as such is
`
`responsible for $150,000.00 of the past damages (00.05x 3,000,000). MICHAEL TOBIAS is
`
`i
`
`3 of 13
`5 of 17
`11 of 25
`
`

`

`INDEX NO. 51682/2015
`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`INDEX NO. 51682/2015
`(FILED: WESTCHESTER COUNTY CLERK 02/20/2019 08l41^AM)
`.WESTSC5HESTER COUNTY CLERK 02/06/2019 04:50 PM(RECEivgBDfiM&F9
`NYSCEF DOC. NO. 265
`RECEIVED NYSCEF: 03/08/2019
`NYSCEF DOCNO. -2-S3,
`OB6GIVED MYSGBFl- 0a/»W-g&49
`
`therefore responsible for approximately 8.3% share of the damages. (150,000 is approximately
`
`8% of 1,800,000),
`
`The same percentage allocation is to be applied to the future damages calculations -
`
`SHAHID PARVEZ and PEDIATRIC NEUROLOGY ASSOCIATES, P.C. is 50% responsible
`
`for the $2,700,000.00 figure (prior to interest, etc.), KATRINA STIDHAM, and ENT
`
`FACULTY PRACTICE, LLP is 41.6% responsible for the $2,700,000.00 figure (prior to
`
`interest, etc.), and MICHAEL TOBIAS is 8.3% responsible for the $2,700,000.00 figure (prior to
`
`interest, etc.).
`
`1.
`
`.FUTURE PAIN AND SUFFERING CASH JUDGMENT
`
`AND, Under CPLR 5031, the greater of 35% or $500,000 ofthe future pain & suffering award is
`
`paid in cash. The remainder is adjusted to present value using the rate of the 10 year Treasury in
`
`effect on the damage decision date. Applying this to the verdict would result in $945,000 which
`
`is greater than $500,000. As such, the cash payment for future pain and suffering amounts to
`
`$945,000. Each Defendant is responsible for payment commensurate with their liability
`
`allocation.
`
`Tl. FUTURE PAIN' AND SUFFERING PERIODIC PAYMENTS
`
`AND, using the 2.96% rate of the 10 year Treasury on the damage decision elate, the
`
`present value ofthe remaining $1,755,000 future pain and suffering award amounts to
`
`$1,791,404.44. From this amount, the attorney is entitled to be paid in cash for the attorney’s
`
`share and the plaintiff is entitled to a monthly benefit for the shorter of 8 years or life of the
`
`plaintiffs share of the remaining, un-discounted award which increases 4% annually.
`
`AND, applying the medical malpractice attorney's fees sliding scale to the present value
`
`ofthe verdict ($4,536,404.44) results in an attorney's fee of $603,640.44 or 13,31 %. Therefore,
`
`4 of 13
`6 of 17
`12 of 25
`
`

`

`INDEX NO. 51682/2015
`INDEX NO. 51682/2015
`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`IFILED: WESTCHESTER COUNTY CLERK 02/20/2019 08:41 AMI
`NffiJHEEllDC■ WESTCHESTER COUNTY CLERK 02/06/2019 04:50
`NYSCEF DOC. NO. 265
`RECEIVED NYSCEF: 03/08/2019
`.RECEIVED NYSCEF: 02/06/2019
`NYSCEF DOC^-Na
`2£1
`
`Plaintiff would be entitled to a monthly payment of (the plaintiffs share of the remaining future
`
`pain and suffering award of 51,755,000 divided by 96 months [8 years] multiplied by 86.69%
`
`[Plaintiffs apportionment of verdict minus attorney's fees]) $15,848,10, for the shorter of 8 years
`
`or life, increasing 4% compounded annually. Each Defendant is responsible for payment
`
`commensurate with their liability allocation.
`
`SHAHID PARVEZ and PEDIATRIC NEUROLOGY ASSOCIATES. P.C
`
`AND, as against Defendant SHAHID PARVEZ and PEDIATRIC NEUROLOGY
`
`ASSOCIATES, P.C., the Plaintiffs to be compensated for past pain and suffering for
`
`.
`
`$900,000.00 (representing PARVEZ and PEDIATRIC NEUROLOGY ASSOCIATES, P.C.’s
`
`50% share of past pain and suffering verdict after the application of General Obligations Law §
`
`15-108) .with interest accruing at (9% per year) from the date ofthe verdict on August 8, 2018
`
`plus costs and disbursements as taxed by the Cleric in the amount of <£ 3 ^.15,00 for
`a total award of * ^CQ. .3-15, (X>against SHAHID PARVEZ and PEDIATRIC NEUROLOGY
`
`ASSOCIATES, P.C .
`
`AND Plaintiffs to be compensated for future pain and suffering against PARVEZ and
`
`PEDIATRIC NEUROLOGY ASSOCIATES, P.C. for the sum of $472,000.00. This figure
`
`represents PARVEZ and PEDIATRIC NEUROLOGY ASSOCIATES. P.C.'s 50% share of
`
`$945,000.00.
`
`AND, Plaintiffs to be compensated for future pain and suffering against PARVEZ and
`
`PEDIATRIC NEUROLOGY ASSOCIATES, P.C. for the monthly sum of $7,924.05. This
`
`amount is to be paid for the shorter of 8 years or life, increasing 4% compounded annually.
`
`5 of 13
`7 of 17
`13 of 25
`
`

`

`INDEX NO. 51682/2015
`INDEX NO. 51682/2015
`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`IFILED: WESTCHESTER COUNTY CLERK 02/20/2019 08:41 AMI
`NtFa35EBD£■ WESTCHESTER COUNTY CLERK 02/06/2019 04:50 Pt^ECEiv^qffeiggF:5£ii9
`NYSCEF DOC. NO. 265
`RECEIVED NYSCEF: 03/08/2019
`■RF.rEiwn NY^r.F.E- n?/nfi/?oiQ
`NYSCEF DOC. N0.-3^i-
`
`KATRINA STIDHAM and ENT FACULTY PRACTICE. LL?
`
`AND, as against Defendant KATRINA STIDHAM and ENT FACULTY PRACTICE.
`
`LLP the Plaintiffs to be compensated for past pain and suffering for $750,000.00 (representing
`
`KATRINA STIDHAM's 41.6% share of past pain and suffering verdict after the application of
`
`General Obligations Law § 15-108) from the date of the verdict on august 8, 2018 plus costs and
`disbursements as taxed by die Clerk in the amount of &r} .3 ^5. QO for a total award of
`
`^152
`
`against KATRINA STIDHAM.
`
`AND, Plaintiffs to be compensated for future pain and suffering against KATRINA
`
`STIDHAM and ENT FACULTY PRACTICE, LLP for the sum of $396,900.00. This figure
`
`represents KATRINA STIDHAM and ENT FACULTY PRACTICE, LLP'S 42% SHARE OF
`
`$945,000.00’
`
`AND Plaintiffs to be compensated for future pain and suffering against STIDHAM and
`
`ENT FACULTY PRACTICE, LLP for the monthly sum of 16,656.20 for the shorter of 8 years
`
`or life, increasing 4% compounded annually.
`
`MICHAEL TOBIAS
`
`AND, as against Defendant MICHAEL TOBIAS the Plaintiffs to be compensated for
`
`past pain and suffering for the sum of $150,000.00 (representing MICHAEL TOBIAS' 8.3%
`
`share of past pain and suffering verdict after the application of General Obligations Law § 15-
`
`108) with interest accruing at (9% per year) from the date of the verdict on August 8, 2018 plus
`costs and disbursements as taxed by the Clerk in the amount of ^ 3. rM 5 . DO for a total
`
`award of d 15 3 2 <5, PL1 against MICHAEL TOBIAS.
`
`AND, Plaintiffs to be compensated for future pain and suffering against TOBIAS for the
`
`sum of $75,600.00. This figure represents MICHAEL TOBIAS' 8% share of945,000.00
`
`6 of 13
`8 of 17
`14 of 25
`
`

`

`INDEX NO. 51682/2015
`INDEX NO. 51682/2015
`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`IFTLED: WESTCHESTER COUNTY CLERK 02/20/2019 08:41 AMI
`N^EVTiTirEi^r..f-QUNTY CLERK 02/06/2019 04:50 PMjRECEivi8DM^FptypffiPISi9
`RECEIVED NYSCEF: 03/08/2019
`NYSCEF DOC. NO. 265
`Mvqrgp nnr mo
`RECEIVED NYSCEF: 02/06/2019
`
`AMD, Plaintiffs to be compensated for future pain and suffering against TOBIAS for the
`
`monthly sum of $1,267.85. for the shorter of 8 years or life, increasing 4% compounded
`
`annually.
`
`ORDERED AND ADJUDGED, that Plaintiff, AF., JR., An Infant by his parent and natural
`
`guardian, CHRISTINE FERRO, and CHRISTINE FERRO, Individually, residing at
`3LOL| bAeH'tN CCJUP+, (Jreiva-fer, A/et«/Yc»rfc ioSc?*}
`recover and have judgment against the following Defendants:
`A
`
`© SHAHID PARVEZ and PEDIATRIC NEUROLOGY ASSOCIATES, P.C., for the sum of
`
`$2,268,202.22 (representing 50% of $4,536,404.44) with interest accruing at (9% per year) from
`
`the date of Hie verdict on August 8,2018 plus costs and disbursements as taxed by the Clerk in
`**,*5.00
`the amount of A for a total award of ^ 3. S-? PHI?.
`
`Ca>
`
`KATRINA STIDHAM and ENT FACULTY PRACTICE, LLP for the sum of
`
`$1,905,289.87 (representing 42% of $4,536,404.44) with interest accruing at (9% per year) from
`
`the date of the verdict on August 8,2018 plus costs and disbursements as taxed by the Cleric in
`the amount of^?.j a total award of ^ !, cIO'7t. SOL(. £3?
`
`© MICHAEL TOBIAS for the sum of $362,91235 (representing 8% of $4,536,404.44) with
`
`interest accruing at (9% per year) from the date of the verdict on August 8,2018 plus costs mid
`* SiJ-is.po
`disbursements as taxed by the Clericm the amount o/for a total award of^3i&S
`
`And it is further,
`
`7 of 13
`9 of 17
`15 of 25
`
`i
`
`

`

`INDEX NO. 51682/2015
`INDEX NO. 51682/2015
`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`IFILED: WESTCHESTER COUNTY CLERK 02/20/2019 08:41 AMI
`NtEIffiEIXtc.WESTCTESTER COUNTY CLERK 02/06/2019 04:50 P^RECEivi^P^^F^^I^gp^ig
`NYSCEF DOC. NO. 265
`RECEIVED NYSCEF: 03/08/2019
`RECEIVED NYSCEF: 02/06/2019
`NYSCEF DOC. NO..261
`
`ORDERED AND ADJUGED that in satisfaction of so much of the aforesaid sums as is
`attributable to monthly installments of compensation for future pain and suffering as described
`herein, said Defendants and their insurance carrier shall offer and guarantee the purchase and
`payment of an annuity contract to pay such installments; and it is further
`
`ORDERED AND ADJUDGED that Defendant Ronald Jacobson has judgment against
`Plaintiffs dismissing the complaint.
`
`AND, the Court, denied the post-trial motion of Defendants to set aside the verdict on the
`issue ofliability and for judgment as a matter of law, to set aside the verdict on the issue of
`liability as contrary to the weight of the evidence, and to set aside the verdict on the issue of
`damages.
`IT IS FURTHER ADJUDGED that the Clerk of the County of Westchester enter a
`
`judgment as set forth herein.
`
`Judgment entered this
`
`£1
`
`ffziiujay
`day ofianuary.
`
`iceof thejSupreme Court
`J.tna
`CJISC
`Ken.
`
`Clerk /
`
`7 ^/
`
`8 of 13
`10 of 17
`16 of 25
`
`

`

`INDEX NO. 51682/2015
`INDEX NO. 51682/2015
`IFILED: WESTCHESTER COUNTY CLERK 02/20/2019 08;41 AM)
`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`n#3EKEP)C.WESTCHESTER COUNTY CLERK 02/06/2019 04:50 PMlRECEivgSDS^s^F9
`NYSCEF DOC. NO. 265
`RECEIVED NYSCEF: 03/08/2019
`RECEIVED NYSCEF: 02/06/2019
`NYSCEF DOC. NO. 261
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER
`
`A.F., JR., An Infant by his parent and natural guardian,
`CHRISTINE FERRO, and CHRISTINE FERRO,
`Individually,
`
`-against-
`
`Plaintiffs,
`
`SHAHID PARVEZ, RONALD
`. JACOBSON, MICHAEL TOBIAS, KATRINA
`STIDHAM, PEDIATRIC NEUROLOGY
`ASSOCIATES, P.C., NEUROLOGICAL AND SPINE
`SURGERY ASSOCIATES, P.C., ENT FACULTY
`PRACTICE, LLP,
`
`-X
`
`Index No.: 51682/2015
`
`BILL OF COSTS
`AND DISBURSEMENTS
`OF PLAINTIFF
`
`Defendants.
`
`COSTS
`Costs before note of issue,
`(CPLR 8201(1))
`
`Costs after note of issue.
`{CPLR 8201 a))
`
`Trial, inquest or assessment of damages.
`{CPLR 8201(3))
`
`Additional allowance as of right.
`{CPLR 8302(a), (b))
`
`Extra additional allowance as of right in
`foreclosure action.................................
`{CPLR 8302(d))
`
`Additional allowance in Court's discretion.
`{CPLR 8303)
`
`Motion costs.
`(CPLR 8202)
`
`Appeal to Appellate Term,
`{CPLR 8203(b))
`
`----- X
`
`$200.00
`
`$200.00
`
`$300.00
`
`$0.00
`
`$0.00
`
`. $0.00
`
`$0.00
`
`$0.00
`
`9 of 13
`11 of 17
`17 of 25
`
`

`

`INDEX NO. 51682/2015
`INDEX NO. 51682/2015
`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`[FILED: WESTCHESTER COUNTY CLERK 02/20/2019 08:41 AMI
`nTOLEBx■ WBSCHESTER COUNTY CLERK 02/06/2019 04:50 PMlRECEivfBDfiMgiF9
`NYSCEF DOC. NO. 265
`RECEIVED NYSCEF: 03/08/2019
`RECEIVED NYSCEF: 02/06/2019
`NYSCEF DOC. .NP...261
`
`Appeal to Appellate Division.
`{CPLR 8203(a))
`
`Appeal to Court of Appeals......
`(CPLR 8204)
`Cost upon frivolous claims and
`counterclaims..........................
`(CPLR 8303-a)
`
`Total, Costs,
`
`DISBURSEMENTS
`Affidavits and acknowledgments.
`(CPLR 8009)
`
`Fee for index number.
`(CPLR 80J8))
`
`Filing Note of Issue
`(CPLR 8020(a))
`
`Filing Demand for Jury Trial
`(CPLR 8020(c))
`
`Stenographers' fees.
`(CPLR 8002, 8301)
`
`Witnesses............................
`(CPLR 8301 (a)(1) and 8001)
`
`Referee/Mediator fees.......
`(CPLR 8301(a)(1), and 8003)
`
`Commissioner's compensation.
`(CPLR 8301(a)(2))
`
`Clerk's fee, filing notice of pendency or
`attachment............................................
`(CPLR 8021(a)(10))
`
`$0.00
`
`$0.00
`
`$0.00
`
`. $700.00
`
`$0.00
`
`$210.00
`
`$30.00
`
`$65.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`10 of 13
`12 of 17
`18 of 25
`
`

`

`INDEX NO. 51682/2015
`INDEX NO. 51682/2015
`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`IFILED: WESTCHESTER COUNTY CLERK 02/20/2019 08:41 AMI
`NtFAHSEECC• WESTSSHESTER COUNTY CLERK 02/06/2019 04 : 50~^Ireceiv£SdM^-f
`NYSCEF DOC. NO. 265
`RECEIVED NYSCEF: 03/08/2019
`RECEIVED NYSCEF: 02/06/2019
`NYRPEF non. NO. 261
`
`Clerk's fee cancelling notice of pendency,
`(CPLR 8021(a)(12))
`
`Entering and docketing judgment...
`{CPLR 8301(a)(7) and 8016(a)(2))
`
`Paid for searches......
`{CPLR 8301(a)(10))
`
`Paid referee's report.
`(CPLR 8301(a)(12))
`
`Certified copies of papers.
`(CPLR 8301(a)(4))
`
`Satisfaction piece.............
`(CPLR 5020(a) and 8021)
`
`Transcripts and filing.
`(CPLR 8021)
`
`Certified copy of judgment..
`(CPLR 8021)
`
`Postage...................
`(CPLR 8301(a)(12))
`
`Sheriffs fees on execution.
`(CPLR 8011 and 8012)
`
`Sheriff's fees on attachment, arrest, etc,
`(CPLR 8011)
`
`Expenses of printing papers for hearing......
`(CPLR 8301(a)(6))
`
`Expenses of securing opinions and charges,
`(CPLR 8301(a)(5))
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`11 of 13
`13 of 17
`19 of 25
`
`

`

`INDEX NO. 51682/2015
`INDEX NO. 51682/2015
`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`FILED: WESTCHESTER COUNTY CLERK 02/20/2019 08:41 AMI
`02/06/2019 64:50 PMfrECEivaflqffffs:SMq'Q&tykPL9
`NYSCEF DOC. NO. 265
`RECEIVED NYSCEF: 03/08/2019
`NtggaEF-rapg • WEST3CT3ESTER COUNTY CLERK
`RROF.TVKD NYSCEF: 02/06/2019
`
`$250.00
`
`$0.00
`
`....$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$960.00 (See receipts)
`
`$0.00
`
`$0.00 *
`$0.00
`$0.00
`$0.00
`. $0.00
`
`$0.00
`
`Expenses of examination before trial.....
`(not exceeding $ 250)(CPLR 8301(a)(9))
`
`Expenses of securing undertaking to stay
`reversed judgment..........................
`(CPLR 8301(a)(ll))
`
`Clerk's fees, Court of Appeals (or other
`expense)
`(CPLR 8301(a)(]2))
`
`Paid copies of papers.
`(CPLR 8016(a)(4))
`
`Motion expenses..
`(CPLR 8301(b))
`
`Fees for publication.
`(CPLR 8301(a)(3))
`
`Serving subpoena.................
`(CPLR 8011(h) and 8301(d))
`
`Paid for Register’s search.
`(CPLR 8301(a)(10))
`
`IIII County Clerk's search...........
`II II
`Loan Commissioner's search.
`11 II
`U. S. District Court search....
`II It
`U.S. Circuit Court search.....
`tt n
`Tax Search..................... .
`
`Attendance of following witnesses.....................
`(CPLR 8001(a)(b)(c) and 8301(a)(1))
`days, ' ..
`a**9 ***
`... (each -way ) miles
`(Recite any other taxable disburxemen(s.)(CPTJR.
`8301(a)(12))
`
`Total Disbursements.
`
`$1,515.00
`
`:
`
`12 of 13
`14 of 17
`20 of 25
`
`

`

`INDEX NO. 51682/2015
`INDEX NO. 51682/2015
`FILED: WESTCHESTER COUNTY CLERK 03/08/2019 04:22 PM
`IFILED: WESTCHESTER COUNTY CLERK 02/20/2019 08:41 AMI
`NlEI3SED3C.WEgTg^ESTER COUNTY CLERK 02/06/2019 04:50 PM|RECEiviflP3ft&&F£3<Sg#3P£§i9
`NYSCEF DOC. NO. 265
`RECEIVED NYSCEF: 03/08/2019
`RECEIVED NYSCEF: 02/06/2019
`NYSCEF DOC. NO. 261
`
`SUMMARY
`Costs...............
`Disbursements,
`
`$2,215.00
`
`S700.00
`$1,515.00
`Total
`
`))
`
`STATE OF NEW YORK
`
` SS ATTORNEY’S AFFIRMATION
`COUNTY OF WESTCHESTER )
`
`The undersigned, an attorney admitted to practice in the courts of the state, affirms: that he is an
`associate with Meagher & Meagher, P.C., the attorneys of record far the Plaint iff, A.F., JR., An
`Infant by his parent and natural guardian, CHRISTINE FERRO, and CHRISTINE FERRO,
`Individually, in the above entitled action; that the foregoing disbursements have been or will
`necessarily be made or incurred in this action and are reasonable in the amount and that each of
`the persons named as witnesses, attended as such witness on trial, hearing or examination before
`trial herein the number of days set opposite their names; that each of said persons resided the
`number of miles set opposite their names, from the place of said trial, hearing or examination;
`and each of said persons, as such witness as aforesaid necessarily traveled the number of miles
`so set opposite their names, in traveling to, and the same distance in returning from the same
`place of trial, hearing or examination; and that copies of documents or papers as charged herein
`were actually and necessarily obtained for use.
`The undersigned affirms that the foregoing statements are true, under the penalties of petjury.
`
`Dated; January 22,2019
`Westchester, New York
`
`• KEITH CLARKE, ESQ.
`
`i
`
`13 of 13
`15 of 17
`21 of 25
`
`i
`
`:
`
`

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