2019 11:12 am
TRANSCRIPT
EXHIBIT C
FILED: KINGS COUNTY CLERK 03/22/2019 11:12 AM INDEX NO. 522196/2016
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 03/22/2019
JOSEPH M. PALMlOTTO
Attorney at Law
50 Jeanette Avenue
Staten Island, New York 10312
Phone: 917-6474903
e-mail: [email protected]
November 14, 2018
Attn. Alexandra D. Slater, Esq.
McAloon & Friedman, P.C.
123 William Street
New York, New York 10038
Re: Kin K. Lam v. Jerome D. Taylor, M.D.,, et al.
Dear Ms. Slater:
Enclosed please find duly signed authorizations for the following:
1. Authorization to interview Dr. Serur.
2. Hañdwritten authorization to obtain employment records from Aegis Capital.
Please advise convcniêñt dates for Dr. Taylor's examination before trial.
Very truly yours,
Joseph M. Palmiotto
FILED: KINGS COUNTY CLERK 03/22/2019 11:12 AM INDEX NO. 522196/2016
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 03/22/2019
June 4, 2018
Daniel B. Henderson, Esq.
McAloon & Friedman, P.C.
123 William Street
New York, New York 10038
Re: Kin K. Lam v. Jerome D. Taylor, M.D., , et al.
Dear Mr. Henderson:
In response to your letter of May 10, 2018 please be advised that we previously provided your
office with all of the authorizations and responses to discovery demands which you now indicate are
"outstanding'. In fact, many of the authorizations you requested have been furnished on multiple
occasions because your firm keeps requesting the same authorizations over and over again.
Enclosed please find copies of authorizations with cover letters as well as copies of the Plaintiff's
responses to discovery demands.
As we previously indicated to your office we will not provide authorizations for left knee surgerybecause it is so remote in time and iiivülves a body part not relevant to this action.
Very truly yours,
Joseph M. Palmiotto
FILED: KINGS COUNTY CLERK 03/22/2019 11:12 AM INDEX NO. 522196/2016
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 03/22/2019
Phone: 212-208-1446 Fax: 212-858-7750
THE PALMIOTTO LAW FIRM
140 Broadway, 46th Floor
New York, New York 10005
e-maib FORENSICALNY@AOLCOM
May 14, 2018
Alexander P. Lev, Esq.
McAloon & Friedman, P.C.
123 William Street
New York, New York 10038
Re: Kin K. Lam v. Jerome D. Taylor, M.D., , et al.
Dear Mr.Lev:
Enclosed please find duly signed authorizations for the fc::cwiiig:
1. Bellvue 911 Event Clinic
2. D. Bhatt, MD3. Paul Park, MD4. Mengko Tseng, MD5. Jonathan Kuo, MD
truly yours,
Joseph M. Palmiotto
FILED: KINGS COUNTY CLERK 03/22/2019 11:12 AM INDEX NO. 522196/2016
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 03/22/2019
‰ne: 212-208-1446 Fax: 212-858-7750
THE PALMIOTTO LAW FIRM
140 Broadway, 46th Floor
New York, New York 10005
e-maib [email protected]
March 26, 2018
Lawrence W. Burnett, Esq..McAloon & Friedman, P.C.123 William StreetNew York, New York 10038
Re: Kin K. Lam v. Jerome D. Taylor, M.D., , et al.
Dear Mr.Burnett:
Enclosed please find an additiene!, original authorization for Maimonides Madical Center.
Very truly yours,
Joseph M. Palmioû
FILED: KINGS COUNTY CLERK 03/22/2019 11:12 AM INDEX NO. 522196/2016
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 03/22/2019
Phone: 212-208-1446 Fax:212-858-7750
THE PALMIOTTO LAW FIRM
140 Broadway, 46th Floor
New York, New York 10005
e-mail: [email protected]
May 14, 2018
Alexander P. Lev, Esq.
McAloon & Friedman, P.C.
123 William Street
New York, New York 10038
Re: Kin K. Lam v. Jerome D. Taylor, M.D.,, et al.
Dear Mr.Lev:
Enclosed please find duly signed authorizations for the following:
1. Bellvue 911 Event Clinic
2. D. Bhatt, MD3. Paul Park, MD4. Mengko Tseng, MD
5. Jonathan Kuo, MD
.Yeg truly yours,
Joseph M. Palmiotto
FILED: KINGS COUNTY CLERK 03/22/2019 11:12 AM INDEX NO. 522196/2016
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 03/22/2019
Phone:212-208-1446 - Fax: 212-858-7750
THE PALMIOTTO LAW FIRM
140 Broadway, 46th Floor
New York, New York 10005
e-mail: [email protected]
March 26, 2018
Lawrence W. Burnett, Esq..McAloon & Friedman, P.C.123 William StreetNew York, New York 10038
Re: Kin K. Lam v. Jerome D. Taylor, M.D., , et al.
Dear Mr.Burnett:
Enclosed please find an additional, original authorization for Maimonides Medical Center.
Very truly yours,
Joseph M. Imiofto
FILED: KINGS COUNTY CLERK 03/22/2019 11:12 AM INDEX NO. 522196/2016
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 03/22/2019
March 22, 2018
Lawrence W. Burnett, Esq..
McAloon & Friedman, P.C.
123 William Street
New York, New York 10038
Re: Kin K. Lam v. Jerome D. Taylor, M.D., , et al.
Dear Mr.Burnett:
This is in response to the compliance conference Order of 2/14/18.
Plaintiff previously respünded to Defendant Taylor's combined demands and these responses
were filed with the Court.
Lien Information: Medicaid lien information was previously provided (copy enclosed). Plaintiff is
not in possession of any lien information other than the Medicaid lien letter of June 19, 2017.
Empicyment authorization records: Previously provided on 10/18/17.
Collateral Source Authorizations: Previously provided.
Deféñdant's 9/12/17 Demands: Authorizations provided on 10/23/17. Additionally, Plaintiff
furnished Arons authorizations on 10/23/17.
Defendants demands for authorizations dated 12/6/17: Previously provided.
Defendants demands dated 9/18/17. Previously provided.
With respect to your firm's letter of December 18, 2017 please note the fcl|üwing.
1. Authorizations for the plaintiff's most recent psychiatrists at WTCEHC are enclosed. Drs , Park,
Bengsten and Atkins.
2. The authorization for the primary care physician, Dr. Kimbel was provided to your office in May,
2017.
FILED: KINGS COUNTY CLERK 03/22/2019 11:12 AM INDEX NO. 522196/2016
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 03/22/2019
Page -2-
3. The authorizations for the neurologist seen in 2017, Jeff Davis, M.D. and Jai Y. Chong, MD were
provided on 8/18/17 and again on 9/8/17.
4. The authorization for the CT scan in 2017, NYU Langone and was provided on 12/5/17.
5. The 911 clinic at Bellvue is the World Trade Center Health Center and we have provided you
with the authorization for those Drs. as well as set forth below.
6. Facility at which plaintiff received treatment after 2/22/17 fall was also NYU Langone which was
previously provided.
7. Plaintiff does not know of any pain Dr. seen after Dr. Kuo. If you provide us with a name we will
respond.
With respect to your firm's letter of 8/21/17 please note the following:
1. We previously objected to providing authorizations for left knee surgery and hospital where
it was performed because we will not provide authorizations for unrelated body parts,
particularly when the treatment is ten to fifteen years prior to the malpractice at issue in
this case.
2. The authorization for the Dr. who performed the colonoscopy in 2015 , Jeremy Schwartz,
M.D. was provided on 10/18/17. We also provided authorizations for Weil Cornell Medicine
and Beth Israel.
3. The authorization for Mt. Sinai Beth Israel was provided again in May 2017.
4. Dr. Jercme- This is your client, Jerome Taylor, M.D. who treated plaintiff for hemorrhoids.
5. Authorization for Lyubov Izyayeva is enclosed although my client does not know who this is
so we have no address. If you find an address you can fill it in.
6. Authorization for Dr. Lisa Anthony was provided on 5/21/17 and again on 9/5/17.
7. Authorization for Maimonides was provided on 9/5/17 for the second time.
Please note we also provided your office with authorizations for plaintiff's other treatingpsychiatrists at the World Trade Center clinic including Dr. Bhatt and Dr. Priyanka Upadhyaya.
Enclosed please find new authorizations for World Trade Center Clinic at Bellvue as well
as authorizations for Paul Park, M.D. Eric Bengsten, M.D. and Philip Atkins, M.D.
Very truly yours,
Joseph M. Palmiotto
FILED: KINGS COUNTY CLERK 03/22/2019 11:12 AM INDEX NO. 522196/2016
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 03/22/2019
October 23, 2017
Alexander P. Lev, Esq.
McAloon & Friedman, P.C.
123 William Street
New York, New York 10038
Re: Kin K. Lam v. Jerome D. Taylor, M.D., , et al.
Dear Mr.Lev:
Enclosed please find duly signed authorizations for the following:
1. Anthony Azar, M.D.
2. Robert Lin, M.D.
3. Deborah Sonenblick, M.D.
4. Ashral Samaan, MD5. Vidya Malhotra, M.D.
We also enclose herewith, Arons authorizations for Anna Serur, M.D. and Rebecca Rhee, M.D.
Please note that we do not have an address for Ashral Samaan, M.D. A computer check reveals
that the correct name is Ashraf Samaan, M.D. so we included an additional authorization with what I
believe is the correct spelling. It appears that Dr.Samaan is an ariesthesiologist.
Please note that Mr. Lam never visited any Caris or Quest Diagnostics office and therefore we do
not have an appropriate address for these providers.
I appreciate your limiting your requests to providers you bêlieve provided medical care relevant
to this action and I have enclosed my letter to Heidell, Pittoni regarding their requests.
Very truly yours,
Joseph M. Palmiotto
FILED: KINGS COUNTY CLERK 03/22/2019 11:12 AM INDEX NO. 522196/2016
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 03/22/2019
October 18, 2017
Alexander P. Lev, Esq.
McAloon & Friedman, P.C.
123 William Street
New York, New York 10038
Re: Kin K. Lam v. Jerome D. Taylor, M.D., , et al.
Dear Mr.Lev:
Enclosed please find duly signed authorizations for the following:
1. RI Michaels Holding, Inc.
2. Obsidian Financial Group, inc.
3. Aegis Capital Corp.
4. Quest Diagnostics.
5. NY Presbyterian.
6. Jeremy Schwartz, M.D.
Please note that Mr. Lam never visited any Quest Diagnostics office and therefore we do not have
an appropriate address for Quest. His blood samples were taken by the physician and apparentlysent to Quest for analysis.
Very truly yours,
Joseph M. Palmiotto
FILED: KINGS COUNTY CLERK 03/22/2019 11:12 AM INDEX NO. 522196/2016
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 03/22/2019
Phone: 212-208-1446 Fax: 212-858-7750
THE PALMIOTTO LAW FIRM
140 Broadway, 46th Floor
New York, New York 10005
e-mail: FORENSICALNY@AOLCOM
August 18, 2017
Alexander P. Lev, Esq.
McAloon & Friedman, P.C.
123 William Street
New York, New York 10038
Re: Kin K. Lam v. Jerome D. Taylor, M.D., , et al.
Dear Mr.Lev:
Enclosed please find duly signed authorizations for the folicwing:
1. Page Baker, PT., Metro Sports Medicine.
2. Grace Sun, M.D., Weil Cornell Medicine.
3. Priyanka Upadhyaya, M.D. WTC Envirõñrñêntal Health Center.
4. Ji Y. Chong, M.D., Weil Cornell Medicine.
Very truly yours,
Joseph MM'imtl2Ltto---
FILED: KINGS COUNTY CLERK 03/22/2019 11:12 AM INDEX NO. 522196/2016
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 03/22/2019
December 5, 2017
Alexander P. Lev, Esq.
McAloon & Friedman, P.C.
123 William Street
New York, New York 10038
Re: Kin K. Lam v. Jercrñe D. Taylor, M.D., , et al.
Dear Mr.Lev:
Enclosed please find duly signed authorizations for the hospita! and neurciagist who treated
mr. Lam for a concussion.
1, NYU Langañe Medical Center.
2. Yevgency Azrieli, M.D.
Very truly yours,
Joseph M. Palmiotto
FILED: KINGS COUNTY CLERK 03/22/2019 11:12 AM INDEX NO. 522196/2016
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 03/22/2019
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS
------- X
KIN K. LAM,Index No.522196/2016
Plaintiff,-against-
JEROME D. TAYLOR, M.D., and MOUNT SINAl
HEALTH SYSTEMS, INC.,MOUNT SINAI BETH ISRAEL
f/k/a BETH ISRAEL MEDICAL CENTER and
PHILLlPS AMBULATORY CARE CENTER,
Defendants.
PLAINTIFF'S OPPOSilTON TO DEFENDANT TAYLOR'S CROSS-MOTION
JOSEPH M. PALMIOTTO
Attorney for Plaintiff
50 Jeanette Avenue
Staten Island, NY 10312
917-647-4903
FILED: KINGS COUNTY CLERK 03/22/2019 11:12 AM INDEX NO. 522196/2016
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 03/22/2019