At this time, Plaintiff does not allege that Defendant violated any New York State laws, ordinances, statutes, rules, and/or regulations.

Solely as a result of the negligence, professional negligence and malpractice of the Defendant herein, Plaintiff was caused to sustain severe and extensive permanent injuries which include, but are not limited to: lateral tibial plateway fracture of the right knee; pulmonary embolism; full disability; continuous pain and suffering; loss of enjoyment of life; unnecessary subsequent procedures and treatments; impaired lifestyle; inability to perform activities of daily life; activity only as tolerated; inability to drive more than 20 minutes; inability to cook dinner; leg swelling; difficulty remaining in a seated position; required oxygen monitoring; among other injuries and damages.

a. – c. Plaintiff was and has been confined to a hospital, his home, a rehabilitation center and/or bed various dates from April 9, 2018 to present day

Defendants will have an opportunity to assess the exact nature of Sabrina Nim’s claim for damages caused by her alleged loss of consortium during depositions.

PLEASE TAKE NOTICE, that Plaintiffs reserves the right to amend and/or supplement this response at any time up to and including the date of trial.

Critically, Plaintiffs did not oppose SMC's motion on the ground it failed to meet its burden, but instead argued their submissions created genuine issues of material fact.

Plaintiffs, by the representation of their own attorney, and the record before this Court, did not raise a triable issue of fact with respect to any theory or claim of negligence occurring after 1:15 AM on June 7,2018.

3 SMC adopted and incorporated the factual and legal arguments contained in the co-defendants' respective motions for summary judgment, which covered the remainder of Mr. Altman's admission to Samaritan Medicai Center.

SMC is simply attempting to ensure that only claims that have validly survived summary judgment are presented to the jury at the fast approaching trial of this matter' {s2037500,u

Moreover, as it concerns the claim of phenylephrine being present on the crash cart, that opinion is wholly conclusory and speculative, which provides an ad.ditional basis for this Court to dismiss the allegation.

As set forth below, SMC has failed to make any showing that the Court overlooked or misapprehended the facts or the law in arriving at its March 1, 2024, Memorandum Decision and Order.

As set forth in detail below, SMC has failed to show that the Court overlooked or misapprehended the law or facts of this case, and therefore its motion to reargue should be denied.

SMC Has the Court's Claims Failed Decision to Demonstrate and Order Any to Further Grounds Define Reargument for the Window or Modification Plaintiffs' of Time for of

Significantly, SMC never argued to be granted summary judgment on the grounds that it is not liable for the acts and omissions of its agents, officers, or employees under the Mduba doctrine.

a.m. fallen it was and belief, transferred officers 12:27 about or "At had pressure [sic] and to 49/27 fell information Upon and through (saline) and Chemtob, nurses other not care by Supplemental fmally its Sabrina involved agents, Kane, at plaintiff to 72/48.

Indeed, a plaintiff opposing a motion for summary judgment need only raise a triable issue of fact with respect to each distinct theory or claim of a prima facie malpractice on which the defendant made showing.

Significantly, SMC never argued to be granted summary judgment on the grounds that it is not liable for the acts and omissions of its agents, officers, or employees under the Mduba doctrine.

The Plaintiffs' First Supplemental Bill of Particulars to SMC, served December 5, 2021, alleges as follows: June Upon continued with called approximately "[at] pressure blood time.

departed from vasopressors of Particulars continued At to be new severely 12:30 a.m., or worsening given was information hypotensive plaintiff's altered fluids and belief, but not including Monica the generally time."

(saline) and about or "At had pressure [sic] and fell to 49/27 Upon information and through a.m. fallen it was and belief, transferred officers finally its Sabrina involved agents, Kane, at administering Supplemental First at p.15.]