Schoolcraft v. The City Of New York et al

Filing 25

ANSWER to Amended Complaint with JURY DEMAND. Document filed by Jamaica Hospital Medical Center. Related document: 21 Amended Complaint,,,,,, filed by Adrian Schoolcraft.(Radomisli, Gregory)

GJR/A
667-82153

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ADRIAN SCHOOLCRAFT,

VERIFIED ANSWER TO
Plaintiff,

AMENDED COMPLAINT
Civil Action No.:
10 CIV 6005 (RWS)

-against-

THE CITY OF NEW YORK, DEPUTY CHIEF
MICHAEL MARIO, Tax Id. 873220, Individually
and in his Official Capacity, ASSISTANT CHIEF
PATROL BOROUGH BROOKLYN NORTH
GERALD NELSON, Tax Id. 912370, Individually and
in his Official Capacity, DEPUTY INSPECTOR
STEVEN MAURIELLO, Tax Id. 895117, Individually
and in his Offcial Capacity CAPTAIN THEODORE
LAUTERBORN, Tax Id. 897840, Individually and in
his Offcial Capacity, LIEUTENANT JOSEPH GOFF,
Tax Id. 894025, Individually and in his Offcial
Capacity, SGT. FREDERICK SAWYER, Shield No.
2576, Individually and in his Offcial Capacity,
SERGEANT KURT DUNCAN, Shield No. 2483,
Individually and in his Official Capacity,
LIEUTENANT CHRISTOPHER BROSCHART, Tax
Id. 915354, Individually and in his Offcial Capacity,
LIEUTENANT TIMOTHY CAUGHEY, Tax Id.
885374, Individually and in his Official Capacity,
SERGEANT SHANTEL JAMES, Shield No. 3004,
ANDP.O.'s "JOHN DOE" #1-50, Individually and in
their Official Capacity (the name John Doe being
fictitious, as the true names are presently unown)
(collectively referred to as "NYPD defendants"),
JAMAICA HOSPITAL MEDICAL CENTER, DR.
ISAK ISAKOV, Individually and in his Official
Capacity, DR. LILIAN ALDANA-BERNIER,
Individuallv and in her Official CaDacitv and
JAMAICA HOSPITAL MEDICAL CENTER
EMPLOYEE'S "JOHN DOE" # 1-50, Individually and
în their Offcial Capacity (the name. John Doe being
fictitious, as the true names are presently unkown),

JURY TRIAL
DEMANDED

Defendants.
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Defendant JAMAICA HOSPITAL MEDICAL CENTER, by its 'attorneys, MARTIN
CLEAR WATER & BELL LLP, answers the plaintiff s amended complaint as follows, upon

information and belief:

PRELIMINARY STATEMENT
1. Denies knowledge or information suffcient to form a belief as to each and every

allegation contained in the paragraph of the amended complaint designated "I", except begs
leave to refer all questions of fact to the trier of fact and all questions of law to the Court.
2. Denies each and every allegation contained in the paragraph of the amended

complaint designated "2".

JURISDICTION
3. Denies knowledge or information sufficient to form a belief as to each and every

allegation contained in the paragraph of the amended complaint designated "3", except begs
leave to refer all questions of fact to the trier of fact and all questions of law to the Cour.

VENUE
4. Denies knowledge or information suffcient to form a belief as to each and every

allegation contained in the paragraph of the amended complaint designated "4", except begs
leave to refer all questions of fact to the trier of fact and all questions of law to the Cour.

JURY DEMAND
5. Denies knowledge or information suffcient to form a belief as to each and every

allegation contained in the paragraph of the amended complaint designated "5", except begs
leave to refer all questions of fact to the trier of fact and all questions of law to the Cour.

PARTIES
h Denies knowledge or information sufficient to form a belief as to each and every

allegation contained in the paragraphs of the amended complaint designated "6", "7", "8", "9",
"10", "11" and "12".
7. Denies each and every allegation contained in the paragraph of the amended

complaint designated "14", except admits that at all relevant times herein, THE JAMAICA
HOSPITAL MEDICAL CENTER is a private hospital duly licensed to operate under the laws of
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New York and operates a facility located at 8900 Van Wyck Expressway, Jamaica,

the State of

New York.
8. Denies each and every allegation contained in the paragraph of the amended

complaint designated "15", except admits that at all relevant times herein, THE JAMAICA

HOSPITAL MEDICAL CENTER is a private hospital duly licensed to operate under the laws of

New York and operates a facility located at 8900 Van Wyck Expressway, Jamaica,

the State of

New York and begs leave to refer all questions of fact to the trier of fact and all questions of law

to the Cour.
9. Denies knowledge or information sufficient to form a belief as to each and every

allegation contained in the paragraphs of the amended complaint designated "16" and "18",
except admits that defendants DR. ISAK ISAKOV and DR. LILIAN ALDANA-BERNIER
were, and stil are, duly licensed to practice medicine in the State of

New York.

10. Denies each and every allegation contained in the paragraphs of the amended

complaint designated "17" and "19", except admits that defendants DR. ISAK ISAKOV and DR.
LILIAN ALDANA-BERNIER were, and stil are, associated with the defendant HospitaL.
11. Denies each and every allegation contained in the paragraph of the amended

complaint designated "20".

FACTUAL BACKGROUND
12.
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Denies knowledge or information suffcient to form a belief as to each and every

in the mirauranhs of the amended comDlaint desiimated "21", "22", "23"

"24", "25", "26", "27", "28", "29", "30", "31", "32", "33", "34", "35", "36", "37", "38", "39",
"40", "41", "42", "43", "44", "45", "46", "47", "48", "49", "50", "51", "52", "53", "54", "55",
"56", "57", "58", "59", "60", "61", "62", "63", "64", "65", "66", "67", "68", "69", "70", "71",
"72", "73", "74", "75", "76", "77", "78", "79", "80", "81", "82", "83", "84", "85", "86", "87",

"88", "89", "90", "91", "92", "93", "94", "95", "96", "97", "98", "99", "100", "101", "102",
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"103", "104", "105", "106", "107", "108", "109", "110", "III", "112", "113", "114", "115",
"116", "117", "118", "119", "120", "121", "122", "123", "124", "125", "126", "127", "128",
"129", "130", "131", "132", "133", "134", "135", "136", "137", "138", "139", "140", "141",
"142", "143", "144", "145", "146", "147", "148", "149", "150", "151", "152", "153", "154",
"155", "156", "157", "158", "159", "160", "161", "162", "163", "164", "172", "173", "199",
"206", "207", "208", "209", "210", "212", "213", "214", "215", "216", "217", "218", "219",
"220", "221", "222", "223", "224", "225", "226", "227", "228", "229", "230", "231", "232",
"233", "234", "235", "236", "237" and "238".

13. Denies each and every allegation contained in the paragraphs of the amended
complaint designated "165", "167", "170" and "197", except begs leave to refer all questions of
fact to the trier of fact and all questions of law to the Cour.

14. Denies knowle~ge or information suffcient to form a belief as to each and every

allegation contained in the paragraphs of the amended complaint designated "166", "168",

"181" and "182" except begs leave to refer all questions of fact to the trier of fact and all
questions of law to the Cour.
15. Denies each and every allegation contained in the paragraphs of the amended
complaint designated "169", "171", "178", "183", "185", "186", "187", "188", "189", "190",

"191", "193", "194", "195", "196", "203", "204", "205", "211", "213", "239" and "240".
16. Denies each and every allegation contained in the paragraphs of the amended

,.
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'''174'' "17';" "176" "177" "179" "180" "184" and "192" exceDtadmits

that defendant rendered certain professional services in accordance with acceptable medical
standards and due care and begs leave to refer all questions of fact to the trier of fact and all
questions of law to the Court.
17. Denies knowledge or information sufficient to form a belief as to each and every

allegation contained in the paragraphs of the amended complaint designated "198", "200", "201"
1518153-1

and "202", except admits that defendant rendered certain professional services in accordance
with acceptable medical standards and due care and begs leave to refer all questions of fact to the
trier of fact and all questions of law to the Court.

AS TO THE FIRST CLAIM FOR RELIEF
DEPRIVATION OF FEDERAL RIGHTS UNDER 42 U.S.C. § 1983

18. Repeats and reiterates each and every denial and denial of knowledge or
information suffcient to form a belief as to each of the allegations of the amended complaint
reiterated and realleged by the plaintiff in the paragraph of the amended complaint designated
"241" .
19. Denies each and every allegation contained in the paragraphs of the amended

complaint designated "242", "243", "244", "245" and "246".

AS TO THE SECOND CLAIM FOR RELIEF
FALSE ARRST UNDER 42 U.S.C. § 1983

20. Repeats and reiterates each and every denial and denial of knowledge or
information sufficient to. form a belief as to each of the allegations of the amended complaint
reiterated and realleged by the plaintiff in the paragraph of the amended complaint designated
"247" .
21. Denies each and every allegation contained in the paragraphs of the amended

complaint designated "248" and "249".

MALICIOUS ABUSE OF PROCESS UNDER 42 U.S.c. § 1983

information sufficient to form a belief as to each of the allegations of the amended complaint

1518153-1

reiterated and realleged by the plaintiff in the paragraph of the amended complaint designated
"250" .
23. Denies each and every allegation contained in the paragraphs of the amended

complaint designated "251", "252", "253", "254", "255" and "256".

AS TO THE FOURTH CLAIM FOR RELIEF
EXCESSIVE FORCE UNDER 42 U.S.C. § 1983
24. Repeats and reiterates each and every denial and denial of knowledge or

information suffcient to form a belief as to each of the allegations of the amended complaint
reiterated and realleged by the plaintiff in the paragraph of the amended complaint designated
"257".
25. Denies each and every allegation contained in the paragraphs of the amended
complaint designated "258" and "259".

AS TO THE FIFTH CLAIM FOR RELIEF
FAILURE TO INTERCEDE UNDER 42 U.S.C. § 1983
26. Repeats and reiterates each and every denial and denial of knowledge or

information sufficient to form a belief as to each of the allegations of the amended complaint
reiterated and realleged by the plaintiff in the paragraph of the amended complaint designated
"260" .
27. Denies each and every allegation contained in the paragraphs of the amended

AS TO THE SIXTH CLAIM FOR RELIEF
UNLAWFUL SEARCH AND ENTRY UNDER 42 U.S.C. § 1983
28. Repeats and reiterates each and every denial and denial of knowledge or

information sufficient to form a belief as to each of the allegations of the amended complaint
1518153-1

reiterated and realleged by the plaintiff in the paragraph of the amended complaint designated
"265" .

29. Denies each and every allegation contained in the paragraphs of the amended
complaint designated "266", "267", "268" and "269".

AS TO THE SEVENTH CLAIM FOR RELIEF
INVOLUNTARY CONFINEMENT UNDER 42 U.S.C. § 1983

30. Repeats and reiterates each and every denial and denial of knowledge or
information sufficient to form a belief as to each of the allegations of the amended complaint
reiterated and realleged by the plaintiff in the paragraph of the amended complaint designated
"270".

31. Denies each and every allegation contained in the paragraphs of the amended
complaint designated "271", "272", "273", "274", "275" and "276".

AS TO THE EIGHTH CLAIM FOR RELIEF
CONSPIRACY TO VIOLATE PLAINTIFF'S CIVIL RIGHTS UNDER 42 U.S.C. § 1983

32. Repeats and reiterates each and every denial and denial of knowledge or
information sufficient to form a belief as to each of the allegations of the amended complaint
reiterated and realleged by the plaintiff in the paragraph of the amended complaint designated
"277".

33. Denies each and every allegation contained in the paragraphs of the amended
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AS TO THE NINTH CLAIM

FOR RELIEF

VIOLATION OF DUE PROCESS UNDER 42 U.S.C. § 1983

34. Repeats and reiterates each and every denial and denial of knowledge or
information sufficient to form a belief as to each of the allegations of the amended complaint
1518153-1

reiterated and realleged by the plaintiff in the paragraph of the amended complaint designated
"283".
35. Denies each and every allegation contained in the paragraph of the amended

complaint designated "284".

AS TO THE TENTH CLAIM FOR RELIEF
UNDER

MUNICIPAL LIABILITY

42 U.S.C. § 1983

36. Repeats and reiterates each and every denial and denial of knowledge or

information suffcient to form a belief as to each of the allegations of the amended complaint
reiterated and realleged by the plaintiff in the paragraph of the amended complaint designated
"285" .
37. Denies each and every allegation contained in the paragraphs of the amended

complaint designated "286", "289", "293", "294" and "295".
38. Denies knowledge or information suffcient to form a belief as to each and every
allegation contained in the paragraphs of the amended complaint designated "287", "288",

"290", "291", "292" and "296".

PENDANT STATE CLAIMS
39. Repeats and reiterates each and every denial and denial of knowledge or

information sufficient to form a belief as to each of the allegations of the amended complaint
reiterated and realleged by the plaintiff in the paragraph of the amended complaint designated
"297" .

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allegation contained in the paragraphs of the amended complaint designated "298", "299",

"NO", "~~302".
41. Denies each and every allegation contained in the paragraph of the amended

complaint designated "303".

1518153-1

AS TO THE FIRST CLAIM FOR RELIEF UNDER N.Y. STATE LAW:
AS

SAUL T

42. Repeats and reiterates each and every denial and denial of knowledge or
information sufficient to form a belief as to each of the allegations of the amended complaint
reiterated and realleged by the plaintiff in the paragraph of the amended complaint designated
"304" .
43. Denies each and every allegation contained in the paragraphs of the amended

complaint designated "305" and "306".

AS TO THE SECOND CLAIM FOR RELIEF UNDER N.Y. STATE LAW:
BATTERY
44. Repeats and reiterates each and every denial and denial of knowledge or

information suffcient to form a belief as to each of the allegations of the amended complaint
reiterated and realleged by the plaintiff in the paragraph of the amended complaint designated
"307" .

45. Denies knowledge or information sufficient to form a belief as to each and every
allegation contained in the paragraphs of

the amended complaint designated "308" and "309".

46. Denies each and every allegation contained in the paragraph of the amended

complaint designated "310".

AS TO THE THIRD CLAIM FOR RELIEF UNDER N.Y. ST ATE LAW:

FALSE ARRST

information suffcient to form a belief as to each of the allegations of the amended complaint
reiterated and realleged by the 12laintiff in the 12aragraph of the amended comRlaint designated
"311" .

48. Denies knowledge or information sufficient to form a belief as to each and every

allegation contained in the paragraph of the amended complaint designated "312".
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49. Denies each and every allegation contained in the paragraphs of the amended
complaint designated "313" and "314".

AS TO THE FOURTH CLAIM FOR RELIEF UNDER N.Y. STATE LAW:
FALSE IMPRISONMENT

50. Repeats and reiterates each and every denial and denial of knowledge or
information sufficient to form a belief as to each of the allegations of the amended complaint
reiterated and realleged by the plaintiff in the paragraph of the amended complaint designated
"315".
51. Denies each and every allegation contained in the paragraphs of the amended

complaint designated "316", "317", "318", "319" and "320".

AS TO THE FIFTH CLAIM FOR RELIEF UNDER N.Y. STATE LAW:
INFLICTION OF EMOTIONAL DISTRESS

52. Repeats and reiterates each and every denial and denial of knowledge or
information sufficient to form a belief as to each of the allegations of the amended complaint
reiterated and realleged by the plaintiff in the paragraph of the amended complaint designated
"321 ".

53. Denies each and every allegation contained in the paragraphs of the amended
complaint designated "322", "325", "326", "327", "328" and "329".
54. Denies knowledge or information suffcient to form a belief as to each and every
allegation contained in the paragraphs of

the amended complaint designated "323" and "324".

NEGLIGENT HIRING/TRAINING/SUPERVISION/RTENTION
(Defendant City of New York)

information sufficient to form a belief as to each of the allegations of the amended complaint

1518153-1

reiterated and realleged by the plaintiff in the paragraph of the amended complaint designated
"330".
56. Denies knowledge or information sufficient to form a belief as to each and every

allegation contained in the paragraphs of the amended complaint designated "331", "332",
"333", "334", "335", "336", "337", "338", "339", "340", "341", "342", "343", "344", "345",

"346", "347", "348", "349", "350", "351", "352" and "353".

AS TO THE SEVENTH CLAIM FOR RELIEF UNDER N.Y. STATE LAW:
MEDICAL MALPRACTICE

57. Repeats and reiterates each and every denial and denial of knowledge or
information sufficient to form a belief as to each of the allegations of the amended complaint
reiterated and realleged by the plaintiff in the paragraph of the amended complaint designated
"354".
58. Denies each and every allegation contained in the paragraphs of the amended
complaint designated "355", "356" and "357".

AS TO THE EIGHTH CLAIM FOR RELIEF UNDER N.Y. STATE LAW:
NEGLIGENT HIRING/TRAINING/SUPERVISION/RTENTION
(Defendant JHMC)

59. Repeats and reiterates each and every denial and denial of knowledge or
information sufficient to form a belief as to each of the allegations of the amended complaint
reiterated and realleged by the plaintiff in the paragraph of the amended complaint designated
"i l:R"

60. Denies each and every allegation contained in the paragraph of the amended
complaint designated "359", except begs leave to refer all.

questions of

fact to the trier of

fact and

all questions of law to the Cour.
61. Denies each and every allegation contained in the paragraphs of the amended

complaint designated "360", "361" and "362".
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AS A FIRST AFFIRMATIVE DEFENSE

62. Defendant JAMAICA HOSPITAL MEDICAL CENTER denies liabilty, but if

liabilty is found against this defendant and the liabilty is found to be 50% or less of the total

liability assigned to all persons liable, then this defendant invokes the limits on liabilty for
noneconomic loss set forth in CPLR § 1601.

AS A SECOND AFFIRMATIVE DEFENSE

63. That defendant asserts the terms, provisions, limitations and rights contained in
§4545 of the CPLR.

AS A THIRD AFFIRMATIVE DEFENSE
may have sustained at the time and place alleged in the

64. Whatever injuries plaintiff

amended complaint were caused in whole or in par or were contributed to by the culpable
conduct and want of care on the par of the plaintiff.

AS A FOURTH AFFIRMATIVE DEFENSE

65. That the amended complaint fails to state a cause or causes of action upon which
relief can be granted against defendant JAMAICA HOSPITAL MEDICAL CENTER.

AS A FIFTH AFFIRMATIVE DEFENSE
66. Defendant reserves its rights pursuant to CPLR 3017(c) to move to strike

plaintiffs AD DAMNUM clause and all other reference to specific amounts of monetary
damages in nlaintiff amended comDlaint.

AS A SIXTH AFFIRMATIVE DEFENSE
67. Defendant objects to all punitive language, as defendant was not negligent,
careless nor reckless. Defendant reserves its right to strike any and all punitive language from the
amended complaint and all future pleadings.

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AS A SEVENTH AFFIRMATIVE DEFENSE

68. This Cour lacks subject matter jurisdiction over this action.
AS AN EIGHTH AFFIRMATIVE DEFENSE
69. Defendant THE JAMAICA HOSPITAL MEDICAL CENTER is immune from

suit under the doctrines of qualified and absolute immunity.

AS A NINTH AFFIRMATIVE DEFENSE
70. Defendant THE JAMAICA HOSPITAL MEDICAL CENTER at all times acted
in good faith and with justification.

AS A TENTH AFFIRMATIVE DEFENSE
71. Defendant THE JAMAICA HOSPITAL MEDICAL CENTER was and is not a
state actor.

AS AN ELEVENTH AFFIRMATIVE DEFENSE

72. The actions by defendant THE JAMAICA HOSPITAL MEDICAL CENTER
were privileged under Article 9 of the Mental Hygiene Law.

WHEREFORE, defendant JAMAICA HOSPITAL MEDICAL CENTER demands
judgment dismissing the amended complaint herein, together with the costs and disbursements of
this action.

Dated: New York, New York
October 6, 2010
. Yours, etc.

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Attorneys for Defendant
JAMAICA HOSPITAL MEDICAL CENTER
220 East 42nd Street
New York, NY 10017
[phone]
1518153-1

ATTORNEY'S VERIFICATION
I, Gregory J. Radomisli, the undersigned, an attorney admitted to practice in the cours of
New York State, state that I am an attorney with the firm of

MARTIN CLEARWATER & BELL

LLP, the attorneys of record for defendant JAMAICA HOSPITAL MEDICAL CENTER in the

within action; I have read the foregoing VERIFIED ANSWER TO AMENDED
COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as

to the matters therein stated to be alleged on information and belief, and as to those matters I
believe them to be true. The reason this verification is made by me and not by the defendant is

that defendant has its place of business outside the county where the affrmant has his offce.

The grounds of my belief as to all matters not stated upon my own knowledge are as
follows: review of all fie materials in the offices of

MARTIN CLEARWATER & BELL LLP.

I affirm the foregoing statements are true, under the penalties of perjury.

Dated: New York, New York
October 6, 2010

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By: /-

Gregory J. Radomisli