Frey v. Mt. Sinai

FILED: NEW YORK COUNTY CLERK 01/16/2018 09:29 AM INDEX NO.
805014/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/16/2018
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
â€”â€”â€”â€”â€”â€”â€”â€”â€”
________________________________...----..·----------------------------X
CINDY FREY as Executor of the Estate of Glenn Frey,
and CINDY FREY individually, SUMMONS
Plaintiffs,
-against- Index 8
STEVEN ITZKOWITZ; Date purchased

MOUN'I'
THE MOUNT SINAI HOSPITAL, ICAHN SCHOOL OF
MEDICINE;
MOUNT SINAI DOCTORS HOSPITAL PRACTICE; and
THE MOUNT SINAI HOSPITAL,
Defendants.
---------------------------------·-·-----·-------------------------·--X
To the above named defendants:
YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorneys an answer
to the complaint in this action within (20) days after service of this summons, exclusive of
twenty
the day of service, or within thirty (30) days after service is complete if this summons is not
personally delivered to you within the State of New York. In case of your failure to answer,
judgment will be taken against you by default for the relief demanded in the complaint.
The basis of venue designated above is that the defendants reside in the of New York.
County
Dated: New York, New York
January 16, 2018 i
ric Turke vitz

The Turkewitz Law Firm
Attontey for Plaintif

45* 17*
228 East 45 Street, Floor
New York, NY 10017
(212) 983-5900
102"d 5*
Steven Itzkowitz, 17 E. Street, Floor, New York, NY 10029
The Mount Sinai Hospital, Icahn School of Medicine, 1 Gustave L. Levy Pl., New York, NY 10029
Mount Sinai Doctors Hospital Practice, 5 East 98th Street, New York, NY 10029
The Mount Sinai Hospital, 1 Gustave L. Levy Pl,, New York, NY 10029
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FILED: NEW YORK COUNTY CLERK 01/16/2018 09:29 AM INDEX NO. 805014/2018
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
------ -- --------------x
CINDY FREY as Executor of the Estate of Glenn Frey,

and CINDY FREY individually, COMPLAINT
Plaintiffs,
-against- Index 0
STEVEN ITZKOWITZ;
THE MOUNT SINAI HOSPITAL, ICAHN SCHOOL
OF MEDICINE;
MOUNT SINAI DOCTORS HOSPITAL PRACTICE; and
THE MOUNT SINAI HOSPITAL,
Defendants.
__________________________________________________-----------¬----¬-X
Plaintiffs, by their counsel, Eric Turkewitz of The Turkewitz Law Firm, allege as follows
upon information and belief:
FIRST CAUSE OF ACTION, FOR PAIN AND SUFFERING
1. Glenn Frey (also known as Glenn Lewis Frey) died on January 18, 2016.
2. CINDY FREY (also known as Cynthia Frances Millican Frey) is the surviving spouse of
Glenn Frey and was issued Letters Testamentary for the Estate of Glenn Frey on January 2, 2018, by the
Superior Court of California, County of Los Angeles.
3. At all times herein mentioned, each of the defendants, their agents, servants,
partners or employees, undertook and agreed to render medical care and treatment to Glen Frey.
4. At all times herein mentioned, Defendant STEVEN ITZKOWITZ was, and
represented himself to be, a physician licensed to practice medicine in the State of New York.
5. Defendant ITZKOWITZ has an office for the practice of medicine in New York
County.
2 of 7
6. Defendant STEVEN ITZKOWITZ rendered medical care and treatment to Glenn
Frey, dec'd.
7. At all times herein mentioned, the defendants each undertook and agreed to render
medical care and treatment to Glenn Frey and did render certain care starting on October 19, 2015.
8. Defendant STEVEN ITZKOWITZ was negligent and careless in the services
rendered for and on behalf of Glenn Frey from October 19, 2015 until November 2015.
9. At all times herein mentioned, STEVEN ITZKOWITZ was an employee of, or a
partner in, the defendants THE MOUNT SINAI HOSPITAL, ICAHN SCHOOL OF MEDICINE
(also known as the Icahn School of Medicine at Mount Sinai) and the MOUNT SINAI DOCTORS
HOSPITAL PRACTICE and THE MOUNT SINAI HOSPITAL.
10. At all times herein mentioned, the defendant THE MOUNT SINAI HOSPITAL,
ICAHN SCHOOL OF MEDICINE was and still is a domestic corporation duly organized and
existing under and by virtue of the laws of the State of New York.
ICAHN SCHOOL OF MEDICINE was and still is a foreign corporation doing business in the
State of New York.
ICAHN SCHOOL OF MEDICINE was a partnership doing business in the State of New York.
13. At all times herein mentioned Defendant THE MOUNT SINAI HOSPITAL,
ICAHN SCHOOL OF MEDICINE owned, operated, managed, maintained and controlled a
MOUNI'
medical facility known as THE MOUNT SINAI HOSPITAL, ICAHN SCHOOL OF MEDICINE,
for the care of sick and ailing persons,
f
3 of 7
14. At all times herein mentioned, the defendant MOUNT SINAI DOCTORS
HOSPITAL PRACTICE was and still is a domestic corporation duly organized and existing under
and by virtue of the laws of the State of New York.
HOSPITAL PRACTICE was and still is a foreign corporation doing business in the State of New
York.
HOSPITAL PRACTICE was and stillis a partnership doing business in the State of New York.
17. At all times herein mentioned Defendant MOUNT SINAI DOCTORS HOSPITAL
PRACTICE owned, operated, managed, maintained and controlled a medical facility known as
MOUNT SINAI DOCTORS HOSPITAL PRACTICE, for the care of sick and ailing persons.
18. At all times herein mentioned, the defendant THE MOUNT SINAI HOSPITAL
was and still is a domestic corporation duly organized and existing under and by virtue of the laws of
the State of New York.
MOUN'I'
19. At all times herein mentioned, the defendant THE MOUNT SINAI HOSPITAL
was and still is a foreign corporation doing business in the State of New York.
MOUN'1'
20. At all times herein mentioned Defendant THE MOUNT SINAI HOSPITAL
owned, operated, managed, maintained and controlled a medical facility known as THE MOUNT
SINAI HOSPITAL, for the care of sick and ailing persons.
21. At all times herein mentioned, STEVEN ITZKOWITZ was the agent, servant,
t
partner or employee of the other defendants, and was acting in the furtherance of the business of
those defendants, and they were united in interest together.
22. Each of the defendants and their agents, servants, partners or employees were
f'
negligent and careless in the services rcndcrcd or and on behalf of Glenn Prey in: failing to
4 of 7
promptly and properly render medical care; causing, permitting and allowing preventable injury and
death; failing to promptly and properly treat ulcerative colitis and associated symptoms and diseases
of the bowel; failing to promptly and properly assess the patient for respiratory issues; failing to
promptly and properly diagnose and treat infection; failing to promptly and properly hospitalize the
patient; failing to promptly and properly make referrals to medical and dietary consultants; failing to
consider the effects and side effects of medications; and in failing to advise Glenn and
properly Frey
the plaintiff of the risks inherent in, the purpose of, and the advantage of the procedures to be
employed, or the lack thereof, the risk to health and life of proceeding or not proceeding, the
available alternatives and the risks and advantages involved therein.
23. As a result of the foregoing acts of negligence, Glenn Frey was rendered sick,
sore, lame and disabled, suffered injuries, pain, mental anguish, was compelled to seek medical care
and attention, incurred expenses thereof, and was injured and disabled until the time of
permanently
his death.
24. As a result of the foregoing, the plaintiff was damaged in a sum that exceeds the
jurisdictional limits of all lower courts that would otherwise have jurisdiction.
25. This action falls within one or more of the exemptions set forth in CPLR 1602.
SECOND CAUSE OF ACTION, FOR WRONGFUL DEATH
26. Plaintiff repeats and reiterates each of the foregoing allegations as if set forth in full
herein.
27. As a result of the foregoing negligence, Glenn Frey died on January 18, 2016.
28. At the time of Glenn Frey's death he left surviving family and next of lan and
distributees for whose benefit this action is conm~enced.
5 of 7
29. As a result of his death, his family was deprived of his care, guidance and support,
and they have suffered pecuniary damage.
30. By reason of his death, the plaintiff has incurred administration expenses, funeral
expenses and other expenses in the settlement of the Estate of the decedent.
31. As a result of the foregoing, and as a consequence thereto, damages were sustained
in excess of the jurisdictional limits of all lower courts that would otherwise have jurisdiction.
THIRD CAUSE OF ACTION, FOR LOSS OF SERVICES OF A SPOUSE
32. Plaintiff CINDY FREY repeats and reiterates each of the foregoing allegations as if
set forth in full herein.
!
33. At all times herein mentioned, CINDY FREY and Glenn Frey were husband and
wife, and as a spouse, CINDY FREY was entitled to the services and society of Glenn Frey and was
responsible for his care, maintenance and medical expenses.
34. By reason of the foregoing, CINDY FREY was deprived of the services and society
of a spouse and became liable and did expend her time and money for expenses.
35. As a result of the foregoing, CINDY FREY has been damaged in a sum that exceeds
the jurisdictional limits of all lower courts that would otherwise have jurisdiction.
WHEREFORE, plaintiffs demand judgment against the defendants on the causes of action I
together with such interest, costs and disbursements as are allowable by law.
January 16, 2018 7
Enc Turkewitz
Counsd for Plaint@
45* 17d'
228 East 45 Street, 'l Floor
New York, NY 10017
I'212) 983-5900
6 of 7
ATTORNEY'S CPLR 3012-a CERTIFICATE
Eric Turkewitz, an attorney admitted to practice law in the State of New York, affirms that
3012-
he was unable to obtain the consultation needed for a certificate of merit required by CPLR
a(a)(1) because of a limitation of time that would bar the action, and that the certificate required by
CPLR 3012-a(a)(1) could not reasonably be obtained before such time expired. This certificate is
filed as per CPLR 3012-a(a)(2).
January J 16, 2018
tt'cb Turkewitz
'ii'c
Counselfor Plaintiffs
45th 17d¹
228 East Street, Floor
New York, NY 10017
(212) 983-5900
7 of 7

Frey v. Mt. Sinai

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FILED: NEW YORK COUNTY CLERK 01/16/2018 09:29 AM INDEX NO.

SUPREME COURT OF THE STATE OF NEW YORK

STEVEN ITZKOWITZ; Date purchased

To the above named defendants:

Dated: New York, New York

January 16, 2018 i

ric Turke vitz

Attontey for Plaintif

SUPREME COURT OF THE STATE OF NEW YORK

CINDY FREY as Executor of the Estate of Glenn Frey,

upon information and belief:

FIRST CAUSE OF ACTION, FOR PAIN AND SUFFERING

Superior Court of California, County of Los Angeles.

4. At all times herein mentioned, Defendant STEVEN ITZKOWITZ was, and

6. Defendant STEVEN ITZKOWITZ rendered medical care and treatment to Glenn

8. Defendant STEVEN ITZKOWITZ was negligent and careless in the services

9. At all times herein mentioned, STEVEN ITZKOWITZ was an employee of, or a

HOSPITAL PRACTICE and THE MOUNT SINAI HOSPITAL.

State of New York.

ICAHN SCHOOL OF MEDICINE owned, operated, managed, maintained and controlled a

for the care of sick and ailing persons,

and by virtue of the laws of the State of New York.

the State of New York.

SINAI HOSPITAL, for the care of sick and ailing persons.

those defendants, and they were united in interest together.

available alternatives and the risks and advantages involved therein.

SECOND CAUSE OF ACTION, FOR WRONGFUL DEATH

distributees for whose benefit this action is conm~enced.

and they have suffered pecuniary damage.

THIRD CAUSE OF ACTION, FOR LOSS OF SERVICES OF A SPOUSE

set forth in full herein.

responsible for his care, maintenance and medical expenses.

Dated: New York, New York

January 16, 2018 7

ATTORNEY'S CPLR 3012-a CERTIFICATE

filed as per CPLR 3012-a(a)(2).

Dated: New York, New York

January J 16, 2018

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