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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
X
AEES WEINBLOÖM, as ADMINISTRATOR OF
THE ESTATE OF ALYSE WEINBLOOM, and SUMMONS
hEES WEINBLOOM, Individually,
INDEX NO.:
Plaintiff,
-against-
CNH OPERATING, LLC, d/b/a THE CHATEAU AT
BltOOKLYN REHABILITATION & NURSING
CENTER, CARERITE CENTERS, LLC, and MARCO
ALBIAN, M.D.,
Defendants.
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TO THE ABOVE NAMED DEFENDANT(s):
YOU ARE HEREBY SUMMONED to answer the complaint in this action, and
to save your answer, or, ifthe complaint isnot served with this summons, to serve anotice of
appearance on plaintiffs attorneys within 20 days after service of this s=-s, exclusive ofthe
day of service or within 30 days after service is complete ifthis summens is not personally
delivered to you within the State ofNew York. In case of your failure to answer, Judgment will
be taken against you by default for the reliefdemanded in the Complaint.
Plaintiffdesignates Kings County as the place oftrial. The basis of the venue designated is
268
plaintifPs residence. Plaintiffresides at 2155 East Street, Brooklyn, NY 11229.
Dated: New York, New York Yours, etc.,
October 25, 2018
THE 6'C LAW FIRM
By: Brian J. O
Attorney for Plaintiff
39 Broadway, Suite 1450
New York, New York 10006
(212) 566-4868
DEFENDANTS' ADDRESSES:
1 of 20
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CNH OPERATING, LLC,
d/b/a THE CHATEAU AT BROOKLYN REHABILITATION & NURSING CENTER
23'd
1076 East Street
Brooklyn, New York 11210
CARERITE CENTERS, LLC
180 Sylvan Avenue
Englewood Cliffs, New Jersey 07632
MARCO ALBIAN, M.D.
3457 Nostrand Avenue
Brooklyn, New York I1229
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SUPREME COURT OF THE STATE OP NEW YORK
COUNTY OF KINOS
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MILES WEINBLOOld, as ADMINISTRATOR OF
THE ESTATE OF ALYSE WEINBLOOM, and VERIFIED COMPLAINT
MILBS WEINBLOOM, Individually,
Index No.:
Plaintiff,
-againg-
CNH OPERATINO, LLC, d/b/a THE CHATEAU AT
BROOKLYN REHABILITATION & NURSINO
CENTER, CARERITE CENTERS, LLC and MARCO
ALSIAN, M.D.,
Defendants.
. -X
Plainti MILES WEINBLOOM, as ADMINISTRATOR OF THE ESTATE OF ALYSE
WE1NBLOOM and MILES WEINBLOOM, Indvidually, by his attorneys, THE O'CONNOR
LAW FIRM, compl=½g of the defendants herein, respectfully shows to this Court, and alleges
as follows:
T CAUSE·OF A ON
1. That at all times hereinafter mentioned, the plaintiff was and stillis a resident of
the County of Kings, City and State of New York.
2. That at alltimes hereinafter mentioned and upon information and belief, the
defendant, CNH OPERATING, LLC, d/b/a THE CHATEAU AT BROOKLYN
REHABILITATION & NURSING CENTER (hereinafter "CHATEAU") was and still is a
domestic limited liability company organized and existing under and by virtue of the Laws of the
State of New York, having its principal place of business located at 3457 Nostrand Avenue,
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Brooklyn, New York I1229.
3. That at alltimes hereinafter mentioned and upon information and belief, the
defendant, CARERITE CENTERS, LLC (hereinafter "CARERITE") was and stillis a domestic
limited liability en=peny crganized and existing under and by virtue of the Laws of the State of
New York, having itsprincipal place of business located at 180 Sylvan Avenue, Englewood
Cliffs, New Jersey 07632.
4. That at all times hereinafter mentionad and upon information and belief, the
defedent, CHATEAU was and stillis authorized to do business as a nursing home and
re½ilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229.
5. That at all times hereinafter mentioned and upon information and belief, the
dendent, CARERITE CENTERS, LLC (hereinafter "CARER1TE") owned, operated, managed,
maintained, controlled and supervised numerous rehabilitation and nursing centers, including
defendant CHATEAU.
6. That at all times hereinafter mentioned and upon infonnation and belief, the
defendant, CARERITE was and stillis authorized to do bnainess as a restsiñg home and
rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229.
7. That at all times herein mentioned, the Defendant CHATEAU, owned a nursing
home and rahabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229.
8. That at alltimes herein mentioned, the Defendant CARERITE, owned a nursing
home and reishilitMon center located at 3457 Nostrand Avenue, Brooklyn, New York 11229.
9. That at alltimes herein mentioned, the Defendant CHATEAU was the lessee of a
nursing home and rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York
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11229.
10. That at all times herein mentioned, the Defendant CARERITE was the lessee of a
nursing home and rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York
11229.
I1. That at alltimes hemin mentioned, the Defendant CHATEAU managed, operated,
maintained, and controlled a nursing home and rdd""ation center located at 3457 Nostrand
Avenue, Brooklyn, New York 11229.
12. That at all times herein mentioned, the Defendant CARERITE managed,
operated, =dwe¾ and controlled a nursing home and rehabilitation center located at 3457
Nostrand Avenue, Brooklyn, New York 11229.
13. That at all times herein mentioned, the Defendant CHATEAU conducted business
as a nursing home and adult care facility located at 3457 Nostrand Avenue, Brooklyn, New York
11229 licensed and defined under New York Public Health Law 2801(2).
14. That at all times herein mentioned, the Defendant CARERITE conducted business
as a nursing home and adult care facility located at 3457 Nostrand Avenue, Brooklyn, New York
11229 licensed and defined under New York Public Health Law 2801(2).
15. That at all times herein mentioned, the Defendant CHATEAU was a facility
pmviding nursing care and rehabilitation services 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).
16. That at alltimes herein mentioned, the Defendent CARERITE was a facility
providing nursing care and rehabilitation services to sick, invalid, infirmed, disabled or
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convalescent persons in addition to lodging and board or health related services pmsuant to New
York Public Health Law 2801(2).
17. That at alltimes herein mentioned, the Defendant CHATEAU was a residential
health care facility as defined in New York Public Health Law 2801(3).
18. That at all times herein mentioned, the Defendant CARERITE was a residential
heal& care facility as defined in New York Public Health Law 2801(3).
19. That at all times herein mentioned, the Defendant CHATEAU was a residential
health care facility within the meaning of New York Public Health Law 2801-d.
20. That at all times herein mentioned, the Defende=t CARERITE was a residential
health care facility within the meaning of New York Public Health Law 2801-d.
21. That at all times herein mentioned, defendant, MARCO ALBIAN, M.D. was an
employee of the defendant, CHATEAU.
22. That at all times herein mentioned, defendant, MARCO ALBIAN, M.D. was an
employee of the defendant CARERITE.
23. That at all times herein mentioned, defendant, MARCO ALBIAN, M.D. was and
is a physician duly licensed in the State of New York.
24. That at alltimes herein mentioned, defendant MARCO ALBIAN, M.D was
acting as an agent, servant, and empicyee of defendant, CHATEAU.
25. That at alltimes herein mentioned, defendant, MARCO ALBIAN, M.D was
acting as an agent, servant, and employee of defendant, CARERITE.
26. Each and all of the acts of the defendant MARCO ALBIAN, M.D alleged herein
were performed by said defendant while acting within the scope of his employment.
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27. That at all times herein mananed, defendant, CHATBAU held itself out as being
qualified, competent and capable with conditions as those presented by ALYSE WEINBLOOM
(hereinafter "decedent").
28. That at alltirnes herein mentioned, defendant, CARERITE held itself out as being
qualified, competent and capable with cc='ltic-=3 as those presented by ALYSE WEINBLOOM
(hereinafter "decedent").
29. That at all times herein mentioned, defendant MARCO ALBIAN, M.D, held
himself out as being qualified, competent and capable with conditions as those presented by the
decedent herein.
30. That at all times herein menused, decedent, ALYSE WEINBLOOM, sought the
professional care of the defendant, CHATEAU, for certain medical complaluts and the need for
rehabilitation, physical therapy and cate.
31. That at all times herein mentioned, decodent, ALYSE WEINBLOOM, sought the
professional care of the defendant, CARERITE, for certain medical complaints and the need for
rehabilitation, physical therapy and care.
32. That on October 16, 2017 through November 5, 2017, decedent, ALYSE
WEINBLOOM was admitted to and was a resident at defendant CHATEAU'S facility.
33. That on October 16, 2017 through November 5, 2017, decedent, ALYSE
WE1NBLOOM was admitted to and was a resident at defendant CARERITE'S facility.
34. That on October 16, 2017 through November 5, 2017, decedent, ALYSE
WEINBLOOM was admitted to and was a patient at defendant CHATEAU'S facility.
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35. That on October 16, 2017 through November 5, 2017, decedent, ALYSE
WE1NBLOOM was admitted to and was a patient at defendatit CARERITE'S facility.
36. That on October 16, 2017 thmugh November 5, 2017, decedent, ALYSE
WEINBLOOM, came under the care, custody and management of defendant, CHATEAU.
37. That on October 16, 2017 through November 5, 2017, decedent, ALYSE
WEINBLOOM, came under the care, custody and m==gement of defendant, CARERITE.
38. That on or about October 16, 2017 through November 5, 2017, defendant,
CHATEAU, assigned the defendant MARCO ALBIAN, M.D to provide medical care, treatment,
and services to decodent, ALYSE WEINBLOOM, who came under the care, custody and
management of defendant, MARCO ALBIAN, M.D.
39. That on or about October 16, 2017 through November 5, 2017, defendant,
CARERITE, assigned the defendant MARCO ALBIAN, M.D to provide medical care, treatment,
and services to decedent, ALYSE WEINBLOOM, who came under the care, cw.cdy and
management of defendant, MARCO ALBIAN, M.D.
40. That at all times herein mentioned, defendants, CHATEAU, CARERITE and
MARCO ALBIAN, M.D did undertake to assess, evaluate, diagnose, scGitor and treat decedent
and had a duty to provide decedent with reasonably safe and proper treatment, care and services.
41. That at alltimes herein mentioned, defendantm, CHATEAU, CARERITE and
MARCO ALBIAN, M.D, did undertake to provide medical, nursing and rehabilitation care,
treatment and services to the decodent.
42. That during the decedent's care, custody and manag=ent by the defendants,
CHATEAU, CARERITE and MARCO ALBIAN, M.D, the decedent, ALYSE WEINBLOOM
O af On
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was caused to suffer serious injuries and damages,
43. That at all times mentioned, the medical and nursing care, treatment, and services
rendered to decedent, ALYSE WEINBLOOM by the defendants CHATEAU, CARERITE and
MARCO ALBIAN, M.D, their agents,servants, employees and those acting under their
direction, supervision and contml, were negligently, recklessly, improperly and carelessly
performed and were rendered in a manner which departed from good and accepted standards of
medical, nursing, physical therapy and rehabilitative care, service and practices then and there
prevailing and constituted malpractice thereby causing decedent, ALYSE WE1NBLOOM, to
sustain serious injuries and damages.
44, That the injuries sustained by decedent were caused solely by reason of the
negligence, gross negligence, malpractice, recklessness and callous disregard on the part of the
defendants and without any negligence on the part of the decedent or plaintiff contnbuting
thereto.
45. That at all times hereinafter mentioned, defendents had a duty to provide patients
and the decedent, in particular, with reasonably safe and proper treatment, care and services.
46. That defendant, CHATEAU, is vicaiicasly liable for the acts and/or omissions of
itsemployees, servants, agents, and those acting under itsdirection, contal and supervision,
including, but not limited to the acts and/or omissions of the defendant, MARCO ALBIAN,
M.D.
47. That defendant, CARERITE, is vicariously liable for the acts and/or emissions of
itsemployees, servants, agents, and those acting under itsdirection, contml and supervision,
including, but not limited to the acts and/or omissions of the defendant, MARCO ALBIAN,
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48. The aforesaid negligence, carelessness, recklessness, gross negligence,
malpractice, willful, wanton and otherwise culpable acts and/or caddes of the defendants was
a proximate cause of the injuries, pain, suffering, the loss of enjoyment of life,and other adverse
corsequences that the decedent and plaintiff has sustained and/or will sustain.
49. That by reason of the foregoing and the negligence, gross negligence,
recklessness, carelessness and malpractice of the defendants, the decodent, ALYSE
WEINBLOOM, was seriously injured and suffered great physical pain and great bodily and
mental injuries conscious pain and suf and died as a result of def=dants actions
including Fering
and omissions on November 6, 2017.
50. That by reason of the foregoing, the decedent was compelled to and did
necessarily require medical aid and attention, and plaintiff did necessarily pay and become liable
therefore, for medicines, tmtment and care.
51. The limitations of liability set forth in Article 16 of the CPLR do not apply
because one or more of the exceptions found in CPLR 1602 applies.
52. That as a result of the foregoing, the plaintiff has been damaged in an amount
which exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
"1"
53. Plaintiff repeats and realleges each and every allegation of paragraphs
"52"
through with the same force and effect as if fully set forth herein.
54. That at all times herein mentioned- defendant, CHATEAU was a subject
facility
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to the provisions of the New York Public Health Law, including, but not limited to sections
2801-d, 2803-c and 2801(2).
55. That at all times herein mentioned, defedet, CARERITE was a facility =ubjad
to the provisiciis of the New York Public Health Law, inch'ding, but not limited to sections
2801-d, 2803-c and 2801(2).
56. That at all times herein mention4 defendant CHATEAU was a subject
facility
to the provisions as set forth in 42 USC 1395 et. seq., 42 CFR Part 483 et. seq. and 10 NYCRR
415 et. seq.
57. That at all times herein mentioned, defendant, CARERITE was a facility subject
to the provisions as set forth in 42 USC 1395 et.seq., 42 CFR Part 483 et. seq. atid 10 NYCRR
415 et. seq.
58. That at all times herein menoned, decedent was under the exclusive care,
custody control and management of the defendants, CHATEAU.
59. That at all times herein mentioned, decedent was under the exclusive care,
custody control and management of the defendants, CARERITE.
60. That at all times herein mentioned, decedent's injuries were proximately caused
by the violations of her rights by defendant, CHATEAU, as a resident pursuant to New York
Public Health Law 2801-d, and enumerated in New York Public Health Law 2803-c and the
pmvisions as set forth in 42 USC 1395 et.seq., 42 CPR Part 483 et. seq. and 10 NYCRR 415 et.
seq.
61. That at all times herein mentioned, decedent's injuries were proximately caused
the vi- 1= -== of her rights as a resident pursuant to New
by by defendant, CARERITE, York
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Public Health Law 2801-d, and enumerated in New York Public Health Law 2803-c and the
provisions as set forth in 42 USC 1395 et.seq., 42 CFR Part 483 et. seq. and 10 NYCRR 415 et
seq-
62. That at all times herein mentioned, defendant, CHATEAU, had a statutorily
mandated respc±iE+y and duty to provide decedent, ALYSE WEINBLOOM, with the rights
granted to a nmsing home resident pursuant to New York Public Health Law 2801-d and
enumerated in New York Public Health Law 2803-c and the provisions as set forth in 42 USC
1395 et. seq., 42 CFR Part 483 et. seq. and 10 NYCRR 415 et. seq.
63. That at all times herein mentioned, defendant, CARERITE, had a statutorily
mandated rear-sibiE'y and duty to provide decedent, ALYSE WEINBLOOM, with the rights
granted to a nursing home resident pursuant to New York Public Health Law 2801-d and
- enumerated in New York Public Health Law 2803-c and the provisions as set forth in 42 USC
1395 et. seq.,42 CFR Part 483 et.seq. and 10 NYCRR 415 et. seq.
64. That at all times herein mentioned, defendant, CHATEAU'S responsibilities,
obligations and duties are nondelegable and defendant has direct and/or vicarious liability for
violations and deprivations of such duties by any persons or entity under defendant's control,
direct or indirect, includiñg its employees, agents, consultants and independent contractors.
65. That at all times herein mentioned, defendant, CARERITE'S reape_cibilines,
obligations and duties are non-delegable and defendant has direct and/or vicaricas liability for
violations and deprivations of such duties by any persons or entity under defendant's control,
direct or indirect, iñcluding itsemployees, agents, censultants and independent contractors.
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66, That as a result of the foregoing, in addition to the damages suffered by decedent,
ALYSE WEINBLOOM, as a result of defendant's violatie and deprivation of her rights as a
nursing home resident, plaintiff is entitled to recover attorney's fees pursuant to New York
Public Health law püñitive damages to New York Public Health Law 2801-
2801-d(6), pursuant
d(2) and costs.
67. That by reason of the foregoing, the decodent, ALYSE WEINBLOOM, was
seriously igjured, suffered great physical pain and great bodily and mental injuries, including
conscious pain and suffering and died on November 6, 2017.
68. That by reason of the foregoing, the decedent was compelled to and did
necessarily require medical aid and attention, and did necessarily become liable therefore, for
medicines, treatment and care.
69. That as a result of the foregoing, the plaintiffs have been damaged in an ascüñt
which exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction.
AS AND FOR A TSIRD CAUSE OF ACTIOly
"1"
70. Plaintiff repeats and realleges each and every allegation of paragraphs
"69"
through with the same force and effect as if fully set forth herein.
71. That at all times herein the date-a-+= their
mentioned, agents, servants,
employees and those acting under their direction, supervision and control, were neglist and
careless with respect to the care, treatment and services rendered to decedent, ALYSE
WEINBLOOM.
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72. That at all times herein mentianed, the defendants, their agents, servants,
ernployees and those acting under their direction, supervision and control, negligently failed to
use ordinary care and reasonable care, diligence and skills.
73. The aforesaid negligence, carelessness, and otherwise culpable acts and/or
amissions of the defendants were a proximate cause of the injuries, pain, suffering, the loss of
enjoyment of life, and other adverse consequences that the decedent sustained.
74. That by reason of the foregoing and the negligence and carelessness of the
defendants, the decedent, ALYSE WEINBLOOM, was seriously injured, suffered and died.
75. That by reason of the foregoing, the decedent was compelled to and did
necessarily require medical aid and attention, and plaintiff did necessarily pay and become liable
therefore, for medicines, treatment and care.
76. The limitations of liability set forth in Article 16 of the CPLR do not apply
because one or more of the exceptions found in CPLR 1602 applies.
77. That as a result of the foregoing, the phieff has been damaged in an amount
which exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction.
.AS AND FOR A FOURTH CAUSE OF ACTION
"1"
78. Plaintiff repeats and realleges each and every allegation of paragraphs
"77"
through with the same force and effect as if fully set forth herein.
79. Defendant CHATEAU was careless, reckless and otherwise negligent in hiring,
training, supervising and retaining as and for its employees, agents, servants, and those acting
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FILED: KINGS COUNTY CLERK 03/28/2019 05:39 PM INDEX NO. 521579/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/28/2019 INDEX NO. 521579/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10 /25/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X AEES WEINBLOÖM, as ADMINISTRATOR OF THE ESTATE OF ALYSE WEINBLOOM, and SUMMONS hEES WEINBLOOM, Individually, INDEX NO.: Plaintiff, -against- CNH OPERATING, LLC, d/b/a THE CHATEAU AT BltOOKLYN REHABILITATION & NURSING CENTER, CARERITE CENTERS, LLC, and MARCO ALBIAN, M.D., Defendants. ----------..-- -..---.....__-..----X TO THE ABOVE NAMED DEFENDANT(s): YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to save your answer, or, ifthe complaint isnot served with this summons, to serve anotice of appearance on plaintiffs attorneys within 20 days after service of this s=-s, exclusive ofthe day of service or within 30 days after service is complete ifthis summens is not personally delivered to you within the State ofNew York. In case of your failure to answer, Judgment will be taken against you by default for the reliefdemanded in the Complaint. Plaintiffdesignates Kings County as the place oftrial. The basis of the venue designated is 268 plaintifPs residence. Plaintiffresides at 2155 East Street, Brooklyn, NY 11229. Dated: New York, New York Yours, etc., October 25, 2018 THE 6'C LAW FIRM By: Brian J. O Attorney for Plaintiff 39 Broadway, Suite 1450 New York, New York 10006 (212) 566-4868 DEFENDANTS' ADDRESSES: 1 of 20 FILED:. KINGS COUNTY CLERK 03/28/2019 05:39 PM INDEX NO. 521579/2018 - .....-- .......- --.... - --....... ... -, -..., - ....- - - . - . --- NYSCEF NYSCEF DOC. DOC. NO. NO. 10 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/28/2019 10/25/2018 CNH OPERATING, LLC, d/b/a THE CHATEAU AT BROOKLYN REHABILITATION & NURSING CENTER 23'd 1076 East Street Brooklyn, New York 11210 CARERITE CENTERS, LLC 180 Sylvan Avenue Englewood Cliffs, New Jersey 07632 MARCO ALBIAN, M.D. 3457 Nostrand Avenue Brooklyn, New York I1229 FILED: KINGS COUNTY CLERK 03/28/2019 05:39 PM INDEX NO. 521579/2018 ..___- . .......-- -- -.... ---.- ...-, -...,---- ..- . - . .., NYSCEF NYSCEF DOC. DOC. NO. NO. 10 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/28/2019 10/25/2018 SUPREME COURT OF THE STATE OP NEW YORK COUNTY OF KINOS X MILES WEINBLOOld, as ADMINISTRATOR OF THE ESTATE OF ALYSE WEINBLOOM, and VERIFIED COMPLAINT MILBS WEINBLOOM, Individually, Index No.: Plaintiff, -againg- CNH OPERATINO, LLC, d/b/a THE CHATEAU AT BROOKLYN REHABILITATION & NURSINO CENTER, CARERITE CENTERS, LLC and MARCO ALSIAN, M.D., Defendants. . -X Plainti MILES WEINBLOOM, as ADMINISTRATOR OF THE ESTATE OF ALYSE WE1NBLOOM and MILES WEINBLOOM, Indvidually, by his attorneys, THE O'CONNOR LAW FIRM, compl=½g of the defendants herein, respectfully shows to this Court, and alleges as follows: T CAUSE·OF A ON 1. That at all times hereinafter mentioned, the plaintiff was and stillis a resident of the County of Kings, City and State of New York. 2. That at alltimes hereinafter mentioned and upon information and belief, the defendant, CNH OPERATING, LLC, d/b/a THE CHATEAU AT BROOKLYN REHABILITATION & NURSING CENTER (hereinafter "CHATEAU") was and still is a domestic limited liability company organized and existing under and by virtue of the Laws of the State of New York, having its principal place of business located at 3457 Nostrand Avenue, FILED:. KINGS COUNTY CLERK 03/28/2019 05:39 PM INDEX NO. 521579/2018 ..-...-.. ...-... ...,--... ...-..- ...., -.,, .....- .. . . - ....., NYSCEF NYSCEF DOC. DOC. NO. NO. 10 1 RECEIVED NYSCEF: RECEIVED NYSCEF: 03/28/2019 10/25/2018 Brooklyn, New York I1229. 3. That at alltimes hereinafter mentioned and upon information and belief, the defendant, CARERITE CENTERS, LLC (hereinafter "CARERITE") was and stillis a domestic limited liability en=peny crganized and existing under and by virtue of the Laws of the State of New York, having itsprincipal place of business located at 180 Sylvan Avenue, Englewood Cliffs, New Jersey 07632. 4. That at all times hereinafter mentionad and upon information and belief, the defedent, CHATEAU was and stillis authorized to do business as a nursing home and re½ilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229. 5. That at all times hereinafter mentioned and upon information and belief, the dendent, CARERITE CENTERS, LLC (hereinafter "CARER1TE") owned, operated, managed, maintained, controlled and supervised numerous rehabilitation and nursing centers, including defendant CHATEAU. 6. That at all times hereinafter mentioned and upon infonnation and belief, the defendant, CARERITE was and stillis authorized to do bnainess as a restsiñg home and rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229. 7. That at all times herein mentioned, the Defendant CHATEAU, owned a nursing home and rahabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229. 8. That at alltimes herein mentioned, the Defendant CARERITE, owned a nursing home and reishilitMon center located at 3457 Nostrand Avenue, Brooklyn, New York 11229. 9. That at alltimes herein mentioned, the Defendant CHATEAU was the lessee of a nursing home and rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York FILED: KINGS COUNTY CLERK 03/28/2019 05:39 PM INDEX NO. 521579/2018 ,--,---- --... .-, NYSCEF NYSCEF DOC. DOC. NO. HO. 10 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/28/2019 10/25/2018 11229. 10. That at all times herein mentioned, the Defendant CARERITE was the lessee of a nursing home and rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229. I1. That at alltimes hemin mentioned, the Defendant CHATEAU managed, operated, maintained, and controlled a nursing home and rdd""ation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229. 12. That at all times herein mentioned, the Defendant CARERITE managed, operated, =dwe¾ and controlled a nursing home and rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229. 13. That at all times herein mentioned, the Defendant CHATEAU conducted business as a nursing home and adult care facility located at 3457 Nostrand Avenue, Brooklyn, New York 11229 licensed and defined under New York Public Health Law 2801(2). 14. That at all times herein mentioned, the Defendant CARERITE conducted business as a nursing home and adult care facility located at 3457 Nostrand Avenue, Brooklyn, New York 11229 licensed and defined under New York Public Health Law 2801(2). 15. That at all times herein mentioned, the Defendant CHATEAU was a facility pmviding nursing care and rehabilitation services 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). 16. That at alltimes herein mentioned, the Defendent CARERITE was a facility providing nursing care and rehabilitation services to sick, invalid, infirmed, disabled or FILED: KINGS COUNTY CLERK 03/28/2019 05:39 PM INDEX NO. 521579/2018 .....---. .......-... --..... -......- ...-,..-,....... -- . - . ...., NYSCEF DOC. NO. 10 RECEIVED NYSCEF: RECEIVED NYSCEF: 03/28/2019 10/25/2018 NYSCEF DOC. NC. 1 convalescent persons in addition to lodging and board or health related services pmsuant to New York Public Health Law 2801(2). 17. That at alltimes herein mentioned, the Defendant CHATEAU was a residential health care facility as defined in New York Public Health Law 2801(3). 18. That at all times herein mentioned, the Defendant CARERITE was a residential heal& care facility as defined in New York Public Health Law 2801(3). 19. That at all times herein mentioned, the Defendant CHATEAU was a residential health care facility within the meaning of New York Public Health Law 2801-d. 20. That at all times herein mentioned, the Defende=t CARERITE was a residential health care facility within the meaning of New York Public Health Law 2801-d. 21. That at all times herein mentioned, defendant, MARCO ALBIAN, M.D. was an employee of the defendant, CHATEAU. 22. That at all times herein mentioned, defendant, MARCO ALBIAN, M.D. was an employee of the defendant CARERITE. 23. That at all times herein mentioned, defendant, MARCO ALBIAN, M.D. was and is a physician duly licensed in the State of New York. 24. That at alltimes herein mentioned, defendant MARCO ALBIAN, M.D was acting as an agent, servant, and empicyee of defendant, CHATEAU. 25. That at alltimes herein mentioned, defendant, MARCO ALBIAN, M.D was acting as an agent, servant, and employee of defendant, CARERITE. 26. Each and all of the acts of the defendant MARCO ALBIAN, M.D alleged herein were performed by said defendant while acting within the scope of his employment. FILED: KINGS COUNTY CLERK 03/28/2019 05:39 PM INDEX NO. 521579/2018 . -...-.- . ......-- ...--..- - ........-- -,., -.., - -...- -.. - . ..., NYSCEF NYSCEF DOC. DOC. NO. NO. 10 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/28/2019 10/25/2018 27. That at all times herein mananed, defendant, CHATBAU held itself out as being qualified, competent and capable with conditions as those presented by ALYSE WEINBLOOM (hereinafter "decedent"). 28. That at alltirnes herein mentioned, defendant, CARERITE held itself out as being qualified, competent and capable with cc='ltic-=3 as those presented by ALYSE WEINBLOOM (hereinafter "decedent"). 29. That at all times herein mentioned, defendant MARCO ALBIAN, M.D, held himself out as being qualified, competent and capable with conditions as those presented by the decedent herein. 30. That at all times herein menused, decedent, ALYSE WEINBLOOM, sought the professional care of the defendant, CHATEAU, for certain medical complaluts and the need for rehabilitation, physical therapy and cate. 31. That at all times herein mentioned, decodent, ALYSE WEINBLOOM, sought the professional care of the defendant, CARERITE, for certain medical complaints and the need for rehabilitation, physical therapy and care. 32. That on October 16, 2017 through November 5, 2017, decedent, ALYSE WEINBLOOM was admitted to and was a resident at defendant CHATEAU'S facility. 33. That on October 16, 2017 through November 5, 2017, decedent, ALYSE WE1NBLOOM was admitted to and was a resident at defendant CARERITE'S facility. 34. That on October 16, 2017 through November 5, 2017, decedent, ALYSE WEINBLOOM was admitted to and was a patient at defendant CHATEAU'S facility. FILED: KINGS COUNTY CLERK 03/28/2019 05:39 PM INDEX NO. 521579/2018 - .......,-. .....-., ........... ,.-...- .-, - -, - -...- ,,- . . --, NYSCEF NYSCEF DOC. DOC. NO. NO. 10 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/28/2019 10/25/2018 35. That on October 16, 2017 through November 5, 2017, decedent, ALYSE WE1NBLOOM was admitted to and was a patient at defendatit CARERITE'S facility. 36. That on October 16, 2017 thmugh November 5, 2017, decedent, ALYSE WEINBLOOM, came under the care, custody and management of defendant, CHATEAU. 37. That on October 16, 2017 through November 5, 2017, decedent, ALYSE WEINBLOOM, came under the care, custody and m==gement of defendant, CARERITE. 38. That on or about October 16, 2017 through November 5, 2017, defendant, CHATEAU, assigned the defendant MARCO ALBIAN, M.D to provide medical care, treatment, and services to decodent, ALYSE WEINBLOOM, who came under the care, custody and management of defendant, MARCO ALBIAN, M.D. 39. That on or about October 16, 2017 through November 5, 2017, defendant, CARERITE, assigned the defendant MARCO ALBIAN, M.D to provide medical care, treatment, and services to decedent, ALYSE WEINBLOOM, who came under the care, cw.cdy and management of defendant, MARCO ALBIAN, M.D. 40. That at all times herein mentioned, defendants, CHATEAU, CARERITE and MARCO ALBIAN, M.D did undertake to assess, evaluate, diagnose, scGitor and treat decedent and had a duty to provide decedent with reasonably safe and proper treatment, care and services. 41. That at alltimes herein mentioned, defendantm, CHATEAU, CARERITE and MARCO ALBIAN, M.D, did undertake to provide medical, nursing and rehabilitation care, treatment and services to the decodent. 42. That during the decedent's care, custody and manag=ent by the defendants, CHATEAU, CARERITE and MARCO ALBIAN, M.D, the decedent, ALYSE WEINBLOOM O af On FILED:. KINGS COUNTY CLERK 03/28/2019 05:39 PM INDEX NO. 521579/2018 - ___- ..-..-- ---... - ---..... ...., ... - - - - - . . . .. NYSCEF NYSCEF DOC. DOC. NO. NC. 10 1 RECEIVED NYSCEF: RECEIVED NYSCEF: 03/28/2019 10/25/2018 was caused to suffer serious injuries and damages, 43. That at all times mentioned, the medical and nursing care, treatment, and services rendered to decedent, ALYSE WEINBLOOM by the defendants CHATEAU, CARERITE and MARCO ALBIAN, M.D, their agents,servants, employees and those acting under their direction, supervision and contml, were negligently, recklessly, improperly and carelessly performed and were rendered in a manner which departed from good and accepted standards of medical, nursing, physical therapy and rehabilitative care, service and practices then and there prevailing and constituted malpractice thereby causing decedent, ALYSE WE1NBLOOM, to sustain serious injuries and damages. 44, That the injuries sustained by decedent were caused solely by reason of the negligence, gross negligence, malpractice, recklessness and callous disregard on the part of the defendants and without any negligence on the part of the decedent or plaintiff contnbuting thereto. 45. That at all times hereinafter mentioned, defendents had a duty to provide patients and the decedent, in particular, with reasonably safe and proper treatment, care and services. 46. That defendant, CHATEAU, is vicaiicasly liable for the acts and/or omissions of itsemployees, servants, agents, and those acting under itsdirection, contal and supervision, including, but not limited to the acts and/or omissions of the defendant, MARCO ALBIAN, M.D. 47. That defendant, CARERITE, is vicariously liable for the acts and/or emissions of itsemployees, servants, agents, and those acting under itsdirection, contml and supervision, including, but not limited to the acts and/or omissions of the defendant, MARCO ALBIAN, FILED:. KINGS COUNTY CLERK 03/28/2019 05:39 PM INDEX NO. 521579/2018 ..---... ----....... .......- - ...--- ....,--,---.. ..... - . ...., NYSCEF NYSCEF DOC. DOC. NO. NC. 10 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/28/2019 10/25/2018 M.D. 48. The aforesaid negligence, carelessness, recklessness, gross negligence, malpractice, willful, wanton and otherwise culpable acts and/or caddes of the defendants was a proximate cause of the injuries, pain, suffering, the loss of enjoyment of life,and other adverse corsequences that the decedent and plaintiff has sustained and/or will sustain. 49. That by reason of the foregoing and the negligence, gross negligence, recklessness, carelessness and malpractice of the defendants, the decodent, ALYSE WEINBLOOM, was seriously injured and suffered great physical pain and great bodily and mental injuries conscious pain and suf and died as a result of def=dants actions including Fering and omissions on November 6, 2017. 50. That by reason of the foregoing, the decedent was compelled to and did necessarily require medical aid and attention, and plaintiff did necessarily pay and become liable therefore, for medicines, tmtment and care. 51. The limitations of liability set forth in Article 16 of the CPLR do not apply because one or more of the exceptions found in CPLR 1602 applies. 52. That as a result of the foregoing, the plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION "1" 53. Plaintiff repeats and realleges each and every allegation of paragraphs "52" through with the same force and effect as if fully set forth herein. 54. That at all times herein mentioned- defendant, CHATEAU was a subject facility FILED: KINGS COUNTY CLERK 03/28/2019 05:39 PM INDEX NO. 521579/2018 .....___ . ..---- ------ --.--- --, --, ..-- - - . - . ..., NYSCEF NYSCEF DOC. DOC. NO. NO. 10 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/28/2019 10/25/2018 to the provisions of the New York Public Health Law, including, but not limited to sections 2801-d, 2803-c and 2801(2). 55. That at all times herein mentioned, defedet, CARERITE was a facility =ubjad to the provisiciis of the New York Public Health Law, inch'ding, but not limited to sections 2801-d, 2803-c and 2801(2). 56. That at all times herein mention4 defendant CHATEAU was a subject facility to the provisions as set forth in 42 USC 1395 et. seq., 42 CFR Part 483 et. seq. and 10 NYCRR 415 et. seq. 57. That at all times herein mentioned, defendant, CARERITE was a facility subject to the provisions as set forth in 42 USC 1395 et.seq., 42 CFR Part 483 et. seq. atid 10 NYCRR 415 et. seq. 58. That at all times herein menoned, decedent was under the exclusive care, custody control and management of the defendants, CHATEAU. 59. That at all times herein mentioned, decedent was under the exclusive care, custody control and management of the defendants, CARERITE. 60. That at all times herein mentioned, decedent's injuries were proximately caused by the violations of her rights by defendant, CHATEAU, as a resident pursuant to New York Public Health Law 2801-d, and enumerated in New York Public Health Law 2803-c and the pmvisions as set forth in 42 USC 1395 et.seq., 42 CPR Part 483 et. seq. and 10 NYCRR 415 et. seq. 61. That at all times herein mentioned, decedent's injuries were proximately caused the vi- 1= -== of her rights as a resident pursuant to New by by defendant, CARERITE, York . -- FILED: . KINGS .....-- COUNTY --.... CLERK -.....-- 03/28/2019 ...-, -, -..... 05:39 -. . - - PM -.., INDEX NO. 521579/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 10 I RECEIVED NYSCEF: RECEIVED NYSCEF: 03/28/2019 10/25/2018 Public Health Law 2801-d, and enumerated in New York Public Health Law 2803-c and the provisions as set forth in 42 USC 1395 et.seq., 42 CFR Part 483 et. seq. and 10 NYCRR 415 et seq- 62. That at all times herein mentioned, defendant, CHATEAU, had a statutorily mandated respc±iE+y and duty to provide decedent, ALYSE WEINBLOOM, with the rights granted to a nmsing home resident pursuant to New York Public Health Law 2801-d and enumerated in New York Public Health Law 2803-c and the provisions as set forth in 42 USC 1395 et. seq., 42 CFR Part 483 et. seq. and 10 NYCRR 415 et. seq. 63. That at all times herein mentioned, defendant, CARERITE, had a statutorily mandated rear-sibiE'y and duty to provide decedent, ALYSE WEINBLOOM, with the rights granted to a nursing home resident pursuant to New York Public Health Law 2801-d and - enumerated in New York Public Health Law 2803-c and the provisions as set forth in 42 USC 1395 et. seq.,42 CFR Part 483 et.seq. and 10 NYCRR 415 et. seq. 64. That at all times herein mentioned, defendant, CHATEAU'S responsibilities, obligations and duties are nondelegable and defendant has direct and/or vicarious liability for violations and deprivations of such duties by any persons or entity under defendant's control, direct or indirect, includiñg its employees, agents, consultants and independent contractors. 65. That at all times herein mentioned, defendant, CARERITE'S reape_cibilines, obligations and duties are non-delegable and defendant has direct and/or vicaricas liability for violations and deprivations of such duties by any persons or entity under defendant's control, direct or indirect, iñcluding itsemployees, agents, censultants and independent contractors. FILED: KINGS COUNTY CLERK 03/28/2019 05:39 PM INDEX NO. 521579/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 10 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/28/2019 10/25/2018 66, That as a result of the foregoing, in addition to the damages suffered by decedent, ALYSE WEINBLOOM, as a result of defendant's violatie and deprivation of her rights as a nursing home resident, plaintiff is entitled to recover attorney's fees pursuant to New York Public Health law püñitive damages to New York Public Health Law 2801- 2801-d(6), pursuant d(2) and costs. 67. That by reason of the foregoing, the decodent, ALYSE WEINBLOOM, was seriously igjured, suffered great physical pain and great bodily and mental injuries, including conscious pain and suffering and died on November 6, 2017. 68. That by reason of the foregoing, the decedent was compelled to and did necessarily require medical aid and attention, and did necessarily become liable therefore, for medicines, treatment and care. 69. That as a result of the foregoing, the plaintiffs have been damaged in an ascüñt which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A TSIRD CAUSE OF ACTIOly "1" 70. Plaintiff repeats and realleges each and every allegation of paragraphs "69" through with the same force and effect as if fully set forth herein. 71. That at all times herein the date-a-+= their mentioned, agents, servants, employees and those acting under their direction, supervision and control, were neglist and careless with respect to the care, treatment and services rendered to decedent, ALYSE WEINBLOOM. FILED: KINGS COUNTY CLERK 03/28/2019 05:39 PM INDEX NO. 521579/2018 . --... . .....-.., -,....... --.... .., -.,, - -- - ,.- .- . ..., NYSCEF NYSCEF DOC. DOC. NO. NO. 10 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/28/2019 10/25/2018 72. That at all times herein mentianed, the defendants, their agents, servants, ernployees and those acting under their direction, supervision and control, negligently failed to use ordinary care and reasonable care, diligence and skills. 73. The aforesaid negligence, carelessness, and otherwise culpable acts and/or amissions of the defendants were a proximate cause of the injuries, pain, suffering, the loss of enjoyment of life, and other adverse consequences that the decedent sustained. 74. That by reason of the foregoing and the negligence and carelessness of the defendants, the decedent, ALYSE WEINBLOOM, was seriously injured, suffered and died. 75. That by reason of the foregoing, the decedent was compelled to and did necessarily require medical aid and attention, and plaintiff did necessarily pay and become liable therefore, for medicines, treatment and care. 76. The limitations of liability set forth in Article 16 of the CPLR do not apply because one or more of the exceptions found in CPLR 1602 applies. 77. That as a result of the foregoing, the phieff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. .AS AND FOR A FOURTH CAUSE OF ACTION "1" 78. Plaintiff repeats and realleges each and every allegation of paragraphs "77" through with the same force and effect as if fully set forth herein. 79. Defendant CHATEAU was careless, reckless and otherwise negligent in hiring, training, supervising and retaining as and for its employees, agents, servants, and those acting FILED: KINGS COUNTY CLERK 03/28/2019 05:39 PM INDEX NO. 521579/2018 . ---- . .....- ---.... ---.... .., --, -.... - . - . - . .., NYSCEF DOC. NO. 10 1