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FILED: NEW YORK COUNTY CLERK 07/22/2022 02:13 PM INDEX NO. 805145/2022
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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JOSEPH CHAN as Administrator of the Estate
of YUK CHU CHAN and JOSEPH CHAN, Individually, Index No. 805145/2022
Plaintiff(s),
VERIFIED AMENDED
- against - COMPLAINT
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH
GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR
and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION,
Defendants.
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Plaintiff, complaining of the defendants, NYC HEALTH AND HOSPITALS/
GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW
YORK CITY HEALTH AND HOSPITALS CORPORATION (collectively referred
hereinafter as “NYC HHC”) by his attorneys, SINEL & OLESEN, PLLC, respectfully states
and alleges, upon information and belief that:
1. At all times mentioned herein, JOSEPH CHAN (hereinafter referred to as
“Plaintiff”) was and still is a resident of the County of Middlesex, State of New Jersey.
2. At all times mentioned herein, Plaintiff is the son of YUK CHU CHAN
(hereinafter referred to as “Plaintiff’s decedent”).
3. Plaintiff is the Administratror of the estate of Plaintiff’s decedent, having
been granted Letters of Administration in the Surrogate’s Court of the State of New York,
County of New York, on July 15, 2022, pursuant to a decree entered by the Honorable
Nora S. Anderson.
4. The cause of action alleged herein arose in the County of New York, City
and State of New York.
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5. At all times herein mentioned, defendant NEW YORK CITY HEALTH AND
HOSPITALS CORPORATION was and still is a municipal corporation, duly organized and
existing under and by virtue of the laws of the City of New York and of the State of New
York and maintained a principal place of business in the County of Kings.
6. Prior hereto on April 16, 2021, Plaintiff served Notice of Claim on The New
York City Health & Hospitals Corp. and The City Of New York.
7. As such, a sworn Notice of Claim stating, among other things, the time when
and place where the injuries and damages were sustained, together with Plaintiff's
demands for adjustment thereof was duly served on the claimant's behalf on the
defendants, NYC HEALTH & HOSPITALS/GOTHAM HEALTH GOUVERNEUR, and
thereafter, said defendants refused or neglected for more than thirty (30) days, and up to
the commencement of this action, to make any adjustment or payment thereof, and that
thereafter, and within the time provided by law, this action was commenced.
8. On July 15, 2021, pursuant to General Municipal Law 50(h), a hearing was
held.
9. This action is being commenced within one year and ninety days after
accrual of this cause of action, or within the time allowed by law.
10. Plaintiff has fully complied with all conditions precedent for the institution of
this action pursuant to the General Municipal Law.
11. This action falls within one or more of the exceptions set forth in CLPR
§1602.
12. The limitations on liability set forth in CPLR §1602 do not apply to NYC
HEALTH & HOSPITALS/GOTHAM HEALTH GOUVERNEUR, the NEW YORK CITY
HEALTH & HOSPITALS CORP., and THE CITY OF NEW YORK by reason the Doctrine
of Respondeat Superior (CPLR §1602(2)(iv)).
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AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANTS NYC HHC FOR
MEDICAL MALPRACTICE
13. Plaintiff repeats and realleges each and every allegation set forth above with
the same force and effect as if more fully set forth at length herein.
14. At all times herein mentioned, defendant NYC HHC is a public benefit
corporation established under the law of the State of New York.
15. At all times herein mentioned, defendant NYC HHC is a municipal
corporation established under the law of the State of New York.
16. At all times herein mentioned, defendant NYC HHC owned, operated,
managed, maintained and controlled a nursing home facility known as NYC HEALTH
AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR also known as GOTHAM
HEALTH GOUVERNEUR located at 227 Madison Street, New York, New York 10002.
17. At all times herein mentioned, defendant NYC HHC pursuant to section 50-
k of the General Municipal Law employed health care providers including doctors,
residents, nurses, attendants, physicians, physical therapists and others for the care and
treatment of its patients and held itself out to the public as furnishing treatment facilities
where patients, including Plaintiff’s decedent, could be treated for various ailments.
18. From approximately September 30, 2020 and continuing through on or
about February 3, 2021, plaintiff’s decedent was under the professional care of defendant
NYC HHC, its agents, doctors, residents, servants, and/or employees.
19. At all times herein mentioned, Plaintiff’s decedent relied upon the advice and
care of the defendant NYC HHC, its agents, doctors, residents, servants and/or
employees, and upon their knowledge, skill and representations that she would be
adequately cared for.
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20. At all times herein mentioned, defendant NYC HHC, its agents, doctors,
residents, servants, and/or employees, failed to employ the skill, care and diligence
commonly and ordinarily possessed by, and required of physicians, residents, nurses,
aides and physician’s assistants in the community, and to use their best judgment in the
care and treatment of Plaintiff’s decedent. The care and treatment rendered by defendant
NYC HHC, its agents, servants, employees and nurses, was improper, negligent, and
given in a careless manner.
21. Defendant NYC HHC, its agents, servants and/or employees, failed to treat
and care for Plaintiff’s decedent in accordance with the standards of care and treatment
generally accepted in the community; departed from good and accepted medical and
nursing practice; departed from the standard of care in the medical and nursing
community in the care and treatment of the plaintiff’s decedent in failing to prevent the
development and progression of pressure ulcers; failed to use approved methods in
general use and skill, and failed to use their best judgment in the care and treatment of
the plaintiff’s decedent.
22. Defendant NYC HHC, its agents, servants and/or employees negligently
failed to timely and/or adequately notify Plaintiff’s decedent’s treating physician and family
of injuries or significant changes in Plaintiff’s decedent’s condition.
23. The aforesaid occurrence was caused solely and wholly and by the medical
malpractice of defendant NYC HHC, its agents, doctors, residents, servants and/or
employees, in failing to treat and care for Plaintiff’s decedent in a careful and skillful
manner; failing to treat Plaintiff’s decedent in accordance with good and accepted medical
customs, practices and standards; negligently and carelessly causing, permitting and
allowing her medical condition to deteriorate and worsen; negligently and carelessly
failing to treat the conditions from which Plaintiff’s decedent was then suffering.
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24. The foregoing was caused without any negligence on the part of Plaintiff’s
decedent contributing thereto.
25. As a result of the foregoing, Plaintiff’s decedent was rendered sick and
disabled; suffered severe injuries both internal and external; was caused to be confined
to her bed for a lengthy period of time; suffered from severe pain and mental anguish;
was compelled to seek medical care and attention and was caused to die on February 4,
2021.
26. By reason of the foregoing negligence on the part of defendant NYC HHC,
its agents, doctors, residents, servants and/or employees, the plaintiff has been damaged
in an amount that exceeds the jurisdictional limits of all lower Courts.
AS AND FOR A SECOND CAUSE OF ACTION FOR NEGLIGENCE AS TO NYC HHC
27. Plaintiff repeats, reiterates, and re-alleges each and every allegation set forth
above with the same force and effect as if more fully set forth at length herein.
28. At all times hereinafter mentioned, defendant NYC HHC held itself out as
duly qualified and capable of rendering adequate care and treatment to the public and for
such purposes hired doctors, nurses, aides, residents, attendants, physical therapists,
and other personnel.
29. At all times hereinafter mentioned, plaintiff’s decedent relied upon the
advice and care of the defendant NYC HHC, its agents, servants and employees, and
upon their knowledge, skill and representations that she would be adequately cared for.
30. Defendant, its agents, servants, and employees, failed to employ the skill,
care, and diligence commonly and ordinarily possessed by, and required of, physicians,
nurses, aides, and physician’s assistants in the community, and failed to use their best
judgment in the care and treatment of Plaintiff’s decedent.
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31. Defendant NYC HHC, its agents, servants and/or employees negligently
assessed Plaintiff’s decedent’s needs and failed to adequately plan and manage the care
of her condition.
32. Defendant NYC HHC, its agents, servants, and/or employees, failed to treat
and care for Plaintiff’s decedent in accordance with the standards of care and treatment
generally accepted in the community; departed from good and accepted practice;
departed from the standard of care in the medical and nursing community in the care and
treatment of the plaintiff’s decedent; and failed to use approved methods in general use and
skill, as well as their best judgment in the care and treatment of the plaintiff’s decedent.
33. The aforesaid occurrences were caused solely and by reason of the
negligence of defendant NYC HHC, its agents, servants, and/or employees.
34. The foregoing was caused without any negligence on the part of Plaintiff’s
decedent contributing thereto.
35. As a result of the foregoing, Plaintiff’s decedent was rendered sick and
disabled; suffered severe injuries both internal and external; was caused to be confined
to her bed for a lengthy period of time; suffered from severe pain and mental anguish;
was compelled to seek medical care and attention and was caused to die on February 4,
2021.
36. By reason of the foregoing negligence on the part of the defendant NYC
HHC, the plaintiff has been damaged in an amount that exceeds the jurisdictional limits
of all lower Courts.
AS AND FOR A THIRD CAUSE OF ACTION AGAINST NYC HHC PURSUANT TO
NEW YORK PUBLIC HEALTH LAW §§2801-D AND 2803-C
37. Plaintiff repeats and realleges each and every allegation set forth above with
the same force and effect as if more fully set forth at length herein.
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38. At all times hereinafter mentioned, defendant NYC HHC was and stillis a
domestic for profit corporation existing under and by virtue of the laws of the State of New
York.
39. At all times hereinafter mentioned, NYC HHC owned, operated, maintained,
managed, supervised, and/or controlled a rehabilitation/nursing home facility known as
GOTHAM HEALTH GOUVERNEUR located at 227 Madison Street, New York, New York
10002.
40. At all times hereinafter mentioned, NYC HHC conducted business as an
adult care facility located at 227 Madison Street, New York, New York 10002, licensed and
defined under New York Public Health Law §2801(2).
41. At all times hereinafter mentioned, NYC HHC had possession and control
of the building located at 227 Madison Street, New York, New York 10002.
42. At all times hereinafter mentioned, NYC HHC is a facility providing therein
nursing care to sick, invalid, infirmed, disabled, or convalescent persons in addition to
lodging and board or health related services pursuant to New York Public Health Law
§2801(2).
43. At all times hereinafter mentioned, NYC HHC is a residential health care
facility as defined in New York Public Health Law §2801(3) and within the meaning of
New York Public Health Law §2801-d.
44. At all times hereinafter mentioned, NYC HHC is a facility subject to the
provisions of New York Public Health Law §2801-C.
45. At all times hereinafter mentioned and material hereto, NYC HHC is a facility
subject to the rules and regulations set forth in 42 U.S.C §1395(i) et seq., and 42 C.F.R.
Part 483.
46. From on or about September 30, 2020 and continuing through on or about
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February 3, 2021, Plaintiff’s decedent was admitted to and was a resident at defendant
NYC HHC.
47. At all times hereinafter mentioned during her residency, Plaintiff’s decedent
was under the exclusive care, custody and control of defendant NYC HHC.
48. At all times hereinafter mentioned, during Plaintiff’s decedent’s stay at the
defendant’s facility, she suffered permanent personal injuries.
49. At all times hereinafter mentioned, Plaintiff’s decedent’s injuries and pain
and suffering were substantially contributed to by the acts and omissions of the Defendant
NYC HHC, as well as the violation of the resident’s rights pursuant to New York Public
Health Law §2801-D and enumerated in New York Public Health Law §2803-C by NYC
HHC. At all times hereinafter mentioned, Defendant NYC HHC’s responsibilities and
obligations to Plaintiff’s decedent, as outlined in Public Health Law §2803-C, are non-
delegable and NYC HHC has direct and vicarious liability for violations, deprivations and
infringements of such responsibilities and obligations by any person or entity under NYC
HHC’s control, direct or indirect, including their employees, agents, consultants and
independent contractors, whether in-house or outside entities, individuals, agencies,
pools or caused by defendant’s policies, whether written or unwritten, or common
practices.
50. At all times hereinafter mentioned, NYC HHC, its employees, agents,
consultants and independent contractors, deprived Plaintiff’s decedent of the rights
granted to her pursuant to Public Health Law §2801-D and as enumerated in Public
Health Law §2803-C.
51. This is an action for damages under the Laws of New York State,
specifically, Public Health Law §2801-D, §2803-C, and 10 New York Codes, Rules and
Regulations (NYCCR) §415.12.
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52. At all times hereinafter mentioned, the acts and omissions committed by
employees and agents of Defendant were pervasive events that occurred and continued
throughout Plaintiff’s decedent’s residence and were such that supervisors,
administrators and managing agents of Defendant should have been aware of them.
53. At all times hereinafter mentioned, in addition to the damages suffered by
Plaintiff’s decedent as the result of Defendant’s deprivation of her rights as a nursing home
resident, Plaintiff’s decedent is entitled to recovery of attorney’s fees, pursuant to Public
Health Law §2801-d(6), costs, and punitive damages pursuant to Public Health Law
§2801-d(2) as the deprivation of the aforesaid rights and benefits to the plaintiff’s
decedent were willful and/or in reckless disregard of the lawful rights of plaintiff’s
decedent.
54. At all times hereinafter mentioned, as a result of the foregoing acts and
omissions, Plaintiff’s decedent was denied rights under Public Health Law §2801-d as
enumerated in Public Health Law §2803-c, and such denial caused injury to Plaintiff’s
decedent.
55. As a result of the foregoing, Plaintiff’s decedent was rendered sick and
disabled; suffered severe injuries both internal and external; was caused to be confined
to her bed for a lengthy period of time; suffered from severe pain and mental anguish;
was compelled to seek medical care and attention and was caused to die on February 4,
2021.
56. By reason of the foregoing negligence on the part of the defendant, the
plaintiff has been damaged in an amount that exceeds the jurisdictional limits of all lower
Courts.
AS AND FOR A FOURTH CAUSE OF ACTION FOR WRONGFUL DEATH
57. Plaintiff repeats and realleges each and every allegation set forth above with
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the same force and effect as if more fully set forth at length herein.
58. As a result of negligence of the defendants herein, Plaintiff's decedent
sustained injuries which led to her wrongful death.
59. At all times prior to the occurrence complained of, Plaintiff's decedent
contributed love, care, guidance and nurture and other services to Plaintiff.
60. Solely as a reason of the negligence of the defendants herein, the
distributees of Plaintiff's decedent have sustained pecuniary loss.
61. By reason of the foregoing, Plaintiff incurred and became liable for funeral
expenses of Plaintiff's decedent.
62. By reason of the serious injuries and conscious pain and suffering sustained
by Plaintiff's decedent and by reason of her demise, Plaintiff endured pain and suffering
and has been unnecessarily and forever deprived of the society, companionship,
guidance, affection and solace of Plaintiff's decedent, all to Plaintiff’s lasting damage.
63. By reason of the foregoing negligence on the part of the defendants, the
plaintiff has been damaged in an amount that exceeds the jurisdiction limits of all lower
Courts.
WHEREFORE, Plaintiff demands judgment against the defendants herein in a
sum exceeding the jurisdictional limits of all lower courts which would otherwise have
jurisdiction, together with the costs and disbursements of this action.
DATED: New York, New York
July 22, 2022
_____________________________
ELLIOT SINEL, ESQ.
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ATTORNEY'S VERIFICATION
I, ELLIOT SINEL, an attorney duly admitted to practice before the Courts of the
State of New York, affirm the following to be true under the penalties of perjury:
I am a partner of SINEL & OLESEN, PLLC, attorneys of record for Plaintiff.
I have read the annexed AMENDED SUMMONS & COMPLAINT and know the
contents thereof, and the same are true to my knowledge, except those matters therein
which are stated to be alleged upon information and belief, and as to those matters I
believe them to be true. My belief, as to those matters therein not stated upon knowledge,
is based upon facts, records, and other pertinent information contained in my files.
The reason this verification is made by me and not Plaintiffs is that Plaintiffs are
not presently in the county wherein the attorneys for the plaintiffs maintain their offices.
DATED: NEW YORK, NEW YORK
July 22, 2022
______________________________
ELLIOT SINEL, ESQ.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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JOSEPH CHAN as Administrator of the Estate
of YUK CHU CHAN and JOSEPH CHAN, Individually,
Plaintiff(s),
CERTIFICATE
PURSUANT TO
- against -
CPLR §3012 -a
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH
GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR
and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION,
Defendants.
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ELLIOT SINEL, Esq., an attorney duly admitted to practice law before the courts of
the State of New York, and a member of SINEL & OLESEN, PLLC, attorneys for plaintiffs,
affirms the following to be true under penalties of perjury:
I certify that I have reviewed the facts of this case and have consulted with a physician
licensed to practice in this State who I reasonably believe is knowledgeable in the relevant
issues involved in this action, and that I have concluded, on the basis of such review and
consultation, that there is a reasonable basis for the commencement of this action.
Dated: New York, New York
July 22, 2022
________________________
Elliot Sinel, Esq.
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Index # 805145/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH CHAN,
Individually,
Plaintiff(s),
- against -
NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM
HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION,
Defendants.
AMENDED SUMMONS, AMENDED VERIFIED COMPLAINT, AND CERTIFICATE OF
MERIT
SINEL & OLESEN, PLLC
Attorneys for Plaintiff
330 7th Avenue, 10th Floor
New York, New York 10001
212-465-1000
To: Signature (Pursuant to Rule 130-1.1a.)
_______________________________
Signer’s Name: Elliot Sinel, Esq.
Attorney(s) for Dated: July 22, 20
Service of a copy of the within is hereby admitted.
Dated: _______________________________
Attorney(s) for
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FILED: NEW YORK COUNTY CLERK 07/22/2022 02:13 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------------X JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH CHAN, Individually, Index No. 805145/2022 Plaintiff(s), VERIFIED AMENDED - against - COMPLAINT NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendants. ----------------------------------------------------------------------------X Plaintiff, complaining of the defendants, NYC HEALTH AND HOSPITALS/ GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (collectively referred hereinafter as “NYC HHC”) by his attorneys, SINEL & OLESEN, PLLC, respectfully states and alleges, upon information and belief that: 1. At all times mentioned herein, JOSEPH CHAN (hereinafter referred to as “Plaintiff”) was and still is a resident of the County of Middlesex, State of New Jersey. 2. At all times mentioned herein, Plaintiff is the son of YUK CHU CHAN (hereinafter referred to as “Plaintiff’s decedent”). 3. Plaintiff is the Administratror of the estate of Plaintiff’s decedent, having been granted Letters of Administration in the Surrogate’s Court of the State of New York, County of New York, on July 15, 2022, pursuant to a decree entered by the Honorable Nora S. Anderson. 4. The cause of action alleged herein arose in the County of New York, City and State of New York. 2 1 of 13 FILED: NEW YORK COUNTY CLERK 07/22/2022 02:13 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/22/2022 5. At all times herein mentioned, defendant NEW YORK CITY HEALTH AND HOSPITALS CORPORATION was and still is a municipal corporation, duly organized and existing under and by virtue of the laws of the City of New York and of the State of New York and maintained a principal place of business in the County of Kings. 6. Prior hereto on April 16, 2021, Plaintiff served Notice of Claim on The New York City Health & Hospitals Corp. and The City Of New York. 7. As such, a sworn Notice of Claim stating, among other things, the time when and place where the injuries and damages were sustained, together with Plaintiff's demands for adjustment thereof was duly served on the claimant's behalf on the defendants, NYC HEALTH & HOSPITALS/GOTHAM HEALTH GOUVERNEUR, and thereafter, said defendants refused or neglected for more than thirty (30) days, and up to the commencement of this action, to make any adjustment or payment thereof, and that thereafter, and within the time provided by law, this action was commenced. 8. On July 15, 2021, pursuant to General Municipal Law 50(h), a hearing was held. 9. This action is being commenced within one year and ninety days after accrual of this cause of action, or within the time allowed by law. 10. Plaintiff has fully complied with all conditions precedent for the institution of this action pursuant to the General Municipal Law. 11. This action falls within one or more of the exceptions set forth in CLPR §1602. 12. The limitations on liability set forth in CPLR §1602 do not apply to NYC HEALTH & HOSPITALS/GOTHAM HEALTH GOUVERNEUR, the NEW YORK CITY HEALTH & HOSPITALS CORP., and THE CITY OF NEW YORK by reason the Doctrine of Respondeat Superior (CPLR §1602(2)(iv)). 3 2 of 13 FILED: NEW YORK COUNTY CLERK 07/22/2022 02:13 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/22/2022 AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANTS NYC HHC FOR MEDICAL MALPRACTICE 13. Plaintiff repeats and realleges each and every allegation set forth above with the same force and effect as if more fully set forth at length herein. 14. At all times herein mentioned, defendant NYC HHC is a public benefit corporation established under the law of the State of New York. 15. At all times herein mentioned, defendant NYC HHC is a municipal corporation established under the law of the State of New York. 16. At all times herein mentioned, defendant NYC HHC owned, operated, managed, maintained and controlled a nursing home facility known as NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR also known as GOTHAM HEALTH GOUVERNEUR located at 227 Madison Street, New York, New York 10002. 17. At all times herein mentioned, defendant NYC HHC pursuant to section 50- k of the General Municipal Law employed health care providers including doctors, residents, nurses, attendants, physicians, physical therapists and others for the care and treatment of its patients and held itself out to the public as furnishing treatment facilities where patients, including Plaintiff’s decedent, could be treated for various ailments. 18. From approximately September 30, 2020 and continuing through on or about February 3, 2021, plaintiff’s decedent was under the professional care of defendant NYC HHC, its agents, doctors, residents, servants, and/or employees. 19. At all times herein mentioned, Plaintiff’s decedent relied upon the advice and care of the defendant NYC HHC, its agents, doctors, residents, servants and/or employees, and upon their knowledge, skill and representations that she would be adequately cared for. 4 3 of 13 FILED: NEW YORK COUNTY CLERK 07/22/2022 02:13 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/22/2022 20. At all times herein mentioned, defendant NYC HHC, its agents, doctors, residents, servants, and/or employees, failed to employ the skill, care and diligence commonly and ordinarily possessed by, and required of physicians, residents, nurses, aides and physician’s assistants in the community, and to use their best judgment in the care and treatment of Plaintiff’s decedent. The care and treatment rendered by defendant NYC HHC, its agents, servants, employees and nurses, was improper, negligent, and given in a careless manner. 21. Defendant NYC HHC, its agents, servants and/or employees, failed to treat and care for Plaintiff’s decedent in accordance with the standards of care and treatment generally accepted in the community; departed from good and accepted medical and nursing practice; departed from the standard of care in the medical and nursing community in the care and treatment of the plaintiff’s decedent in failing to prevent the development and progression of pressure ulcers; failed to use approved methods in general use and skill, and failed to use their best judgment in the care and treatment of the plaintiff’s decedent. 22. Defendant NYC HHC, its agents, servants and/or employees negligently failed to timely and/or adequately notify Plaintiff’s decedent’s treating physician and family of injuries or significant changes in Plaintiff’s decedent’s condition. 23. The aforesaid occurrence was caused solely and wholly and by the medical malpractice of defendant NYC HHC, its agents, doctors, residents, servants and/or employees, in failing to treat and care for Plaintiff’s decedent in a careful and skillful manner; failing to treat Plaintiff’s decedent in accordance with good and accepted medical customs, practices and standards; negligently and carelessly causing, permitting and allowing her medical condition to deteriorate and worsen; negligently and carelessly failing to treat the conditions from which Plaintiff’s decedent was then suffering. 5 4 of 13 FILED: NEW YORK COUNTY CLERK 07/22/2022 02:13 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/22/2022 24. The foregoing was caused without any negligence on the part of Plaintiff’s decedent contributing thereto. 25. As a result of the foregoing, Plaintiff’s decedent was rendered sick and disabled; suffered severe injuries both internal and external; was caused to be confined to her bed for a lengthy period of time; suffered from severe pain and mental anguish; was compelled to seek medical care and attention and was caused to die on February 4, 2021. 26. By reason of the foregoing negligence on the part of defendant NYC HHC, its agents, doctors, residents, servants and/or employees, the plaintiff has been damaged in an amount that exceeds the jurisdictional limits of all lower Courts. AS AND FOR A SECOND CAUSE OF ACTION FOR NEGLIGENCE AS TO NYC HHC 27. Plaintiff repeats, reiterates, and re-alleges each and every allegation set forth above with the same force and effect as if more fully set forth at length herein. 28. At all times hereinafter mentioned, defendant NYC HHC held itself out as duly qualified and capable of rendering adequate care and treatment to the public and for such purposes hired doctors, nurses, aides, residents, attendants, physical therapists, and other personnel. 29. At all times hereinafter mentioned, plaintiff’s decedent relied upon the advice and care of the defendant NYC HHC, its agents, servants and employees, and upon their knowledge, skill and representations that she would be adequately cared for. 30. Defendant, its agents, servants, and employees, failed to employ the skill, care, and diligence commonly and ordinarily possessed by, and required of, physicians, nurses, aides, and physician’s assistants in the community, and failed to use their best judgment in the care and treatment of Plaintiff’s decedent. 6 5 of 13 FILED: NEW YORK COUNTY CLERK 07/22/2022 02:13 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/22/2022 31. Defendant NYC HHC, its agents, servants and/or employees negligently assessed Plaintiff’s decedent’s needs and failed to adequately plan and manage the care of her condition. 32. Defendant NYC HHC, its agents, servants, and/or employees, failed to treat and care for Plaintiff’s decedent in accordance with the standards of care and treatment generally accepted in the community; departed from good and accepted practice; departed from the standard of care in the medical and nursing community in the care and treatment of the plaintiff’s decedent; and failed to use approved methods in general use and skill, as well as their best judgment in the care and treatment of the plaintiff’s decedent. 33. The aforesaid occurrences were caused solely and by reason of the negligence of defendant NYC HHC, its agents, servants, and/or employees. 34. The foregoing was caused without any negligence on the part of Plaintiff’s decedent contributing thereto. 35. As a result of the foregoing, Plaintiff’s decedent was rendered sick and disabled; suffered severe injuries both internal and external; was caused to be confined to her bed for a lengthy period of time; suffered from severe pain and mental anguish; was compelled to seek medical care and attention and was caused to die on February 4, 2021. 36. By reason of the foregoing negligence on the part of the defendant NYC HHC, the plaintiff has been damaged in an amount that exceeds the jurisdictional limits of all lower Courts. AS AND FOR A THIRD CAUSE OF ACTION AGAINST NYC HHC PURSUANT TO NEW YORK PUBLIC HEALTH LAW §§2801-D AND 2803-C 37. Plaintiff repeats and realleges each and every allegation set forth above with the same force and effect as if more fully set forth at length herein. 7 6 of 13 FILED: NEW YORK COUNTY CLERK 07/22/2022 02:13 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/22/2022 38. At all times hereinafter mentioned, defendant NYC HHC was and stillis a domestic for profit corporation existing under and by virtue of the laws of the State of New York. 39. At all times hereinafter mentioned, NYC HHC owned, operated, maintained, managed, supervised, and/or controlled a rehabilitation/nursing home facility known as GOTHAM HEALTH GOUVERNEUR located at 227 Madison Street, New York, New York 10002. 40. At all times hereinafter mentioned, NYC HHC conducted business as an adult care facility located at 227 Madison Street, New York, New York 10002, licensed and defined under New York Public Health Law §2801(2). 41. At all times hereinafter mentioned, NYC HHC had possession and control of the building located at 227 Madison Street, New York, New York 10002. 42. At all times hereinafter mentioned, NYC HHC is a facility providing therein nursing care to sick, invalid, infirmed, disabled, or convalescent persons in addition to lodging and board or health related services pursuant to New York Public Health Law §2801(2). 43. At all times hereinafter mentioned, NYC HHC is a residential health care facility as defined in New York Public Health Law §2801(3) and within the meaning of New York Public Health Law §2801-d. 44. At all times hereinafter mentioned, NYC HHC is a facility subject to the provisions of New York Public Health Law §2801-C. 45. At all times hereinafter mentioned and material hereto, NYC HHC is a facility subject to the rules and regulations set forth in 42 U.S.C §1395(i) et seq., and 42 C.F.R. Part 483. 46. From on or about September 30, 2020 and continuing through on or about 8 7 of 13 FILED: NEW YORK COUNTY CLERK 07/22/2022 02:13 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/22/2022 February 3, 2021, Plaintiff’s decedent was admitted to and was a resident at defendant NYC HHC. 47. At all times hereinafter mentioned during her residency, Plaintiff’s decedent was under the exclusive care, custody and control of defendant NYC HHC. 48. At all times hereinafter mentioned, during Plaintiff’s decedent’s stay at the defendant’s facility, she suffered permanent personal injuries. 49. At all times hereinafter mentioned, Plaintiff’s decedent’s injuries and pain and suffering were substantially contributed to by the acts and omissions of the Defendant NYC HHC, as well as the violation of the resident’s rights pursuant to New York Public Health Law §2801-D and enumerated in New York Public Health Law §2803-C by NYC HHC. At all times hereinafter mentioned, Defendant NYC HHC’s responsibilities and obligations to Plaintiff’s decedent, as outlined in Public Health Law §2803-C, are non- delegable and NYC HHC has direct and vicarious liability for violations, deprivations and infringements of such responsibilities and obligations by any person or entity under NYC HHC’s control, direct or indirect, including their employees, agents, consultants and independent contractors, whether in-house or outside entities, individuals, agencies, pools or caused by defendant’s policies, whether written or unwritten, or common practices. 50. At all times hereinafter mentioned, NYC HHC, its employees, agents, consultants and independent contractors, deprived Plaintiff’s decedent of the rights granted to her pursuant to Public Health Law §2801-D and as enumerated in Public Health Law §2803-C. 51. This is an action for damages under the Laws of New York State, specifically, Public Health Law §2801-D, §2803-C, and 10 New York Codes, Rules and Regulations (NYCCR) §415.12. 9 8 of 13 FILED: NEW YORK COUNTY CLERK 07/22/2022 02:13 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/22/2022 52. At all times hereinafter mentioned, the acts and omissions committed by employees and agents of Defendant were pervasive events that occurred and continued throughout Plaintiff’s decedent’s residence and were such that supervisors, administrators and managing agents of Defendant should have been aware of them. 53. At all times hereinafter mentioned, in addition to the damages suffered by Plaintiff’s decedent as the result of Defendant’s deprivation of her rights as a nursing home resident, Plaintiff’s decedent is entitled to recovery of attorney’s fees, pursuant to Public Health Law §2801-d(6), costs, and punitive damages pursuant to Public Health Law §2801-d(2) as the deprivation of the aforesaid rights and benefits to the plaintiff’s decedent were willful and/or in reckless disregard of the lawful rights of plaintiff’s decedent. 54. At all times hereinafter mentioned, as a result of the foregoing acts and omissions, Plaintiff’s decedent was denied rights under Public Health Law §2801-d as enumerated in Public Health Law §2803-c, and such denial caused injury to Plaintiff’s decedent. 55. As a result of the foregoing, Plaintiff’s decedent was rendered sick and disabled; suffered severe injuries both internal and external; was caused to be confined to her bed for a lengthy period of time; suffered from severe pain and mental anguish; was compelled to seek medical care and attention and was caused to die on February 4, 2021. 56. By reason of the foregoing negligence on the part of the defendant, the plaintiff has been damaged in an amount that exceeds the jurisdictional limits of all lower Courts. AS AND FOR A FOURTH CAUSE OF ACTION FOR WRONGFUL DEATH 57. Plaintiff repeats and realleges each and every allegation set forth above with 10 9 of 13 FILED: NEW YORK COUNTY CLERK 07/22/2022 02:13 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/22/2022 the same force and effect as if more fully set forth at length herein. 58. As a result of negligence of the defendants herein, Plaintiff's decedent sustained injuries which led to her wrongful death. 59. At all times prior to the occurrence complained of, Plaintiff's decedent contributed love, care, guidance and nurture and other services to Plaintiff. 60. Solely as a reason of the negligence of the defendants herein, the distributees of Plaintiff's decedent have sustained pecuniary loss. 61. By reason of the foregoing, Plaintiff incurred and became liable for funeral expenses of Plaintiff's decedent. 62. By reason of the serious injuries and conscious pain and suffering sustained by Plaintiff's decedent and by reason of her demise, Plaintiff endured pain and suffering and has been unnecessarily and forever deprived of the society, companionship, guidance, affection and solace of Plaintiff's decedent, all to Plaintiff’s lasting damage. 63. By reason of the foregoing negligence on the part of the defendants, the plaintiff has been damaged in an amount that exceeds the jurisdiction limits of all lower Courts. WHEREFORE, Plaintiff demands judgment against the defendants herein in a sum exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. DATED: New York, New York July 22, 2022 _____________________________ ELLIOT SINEL, ESQ. 11 10 of 13 FILED: NEW YORK COUNTY CLERK 07/22/2022 02:13 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/22/2022 ATTORNEY'S VERIFICATION I, ELLIOT SINEL, an attorney duly admitted to practice before the Courts of the State of New York, affirm the following to be true under the penalties of perjury: I am a partner of SINEL & OLESEN, PLLC, attorneys of record for Plaintiff. I have read the annexed AMENDED SUMMONS & COMPLAINT and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. The reason this verification is made by me and not Plaintiffs is that Plaintiffs are not presently in the county wherein the attorneys for the plaintiffs maintain their offices. DATED: NEW YORK, NEW YORK July 22, 2022 ______________________________ ELLIOT SINEL, ESQ. 12 11 of 13 FILED: NEW YORK COUNTY CLERK 07/22/2022 02:13 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------------X Index No.: 805145/2022 JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH CHAN, Individually, Plaintiff(s), CERTIFICATE PURSUANT TO - against - CPLR §3012 -a NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendants. ----------------------------------------------------------------------------X ELLIOT SINEL, Esq., an attorney duly admitted to practice law before the courts of the State of New York, and a member of SINEL & OLESEN, PLLC, attorneys for plaintiffs, affirms the following to be true under penalties of perjury: I certify that I have reviewed the facts of this case and have consulted with a physician licensed to practice in this State who I reasonably believe is knowledgeable in the relevant issues involved in this action, and that I have concluded, on the basis of such review and consultation, that there is a reasonable basis for the commencement of this action. Dated: New York, New York July 22, 2022 ________________________ Elliot Sinel, Esq. 13 12 of 13 FILED: NEW YORK COUNTY CLERK 07/22/2022 02:13 PM INDEX NO. 805145/2022 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/22/2022 Index # 805145/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOSEPH CHAN as Administrator of the Estate of YUK CHU CHAN and JOSEPH CHAN, Individually, Plaintiff(s), - against - NYC HEALTH AND HOSPITALS/GOTHAM HEALTH GOUVERNEUR, GOTHAM HEALTH GOUVERNEUR and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendants. AMENDED SUMMONS, AMENDED VERIFIED COMPLAINT, AND CERTIFICATE OF MERIT SINEL & OLESEN, PLLC Attorneys for Plaintiff 330 7th Avenue, 10th Floor New York, New York 10001 212-465-1000 To: Signature (Pursuant to Rule 130-1.1a.) _______________________________ Signer’s Name: Elliot Sinel, Esq. Attorney(s) for Dated: July 22, 20 Service of a copy of the within is hereby admitted. Dated: _______________________________ Attorney(s) for 14 13 of 13