Preview
FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021
Exhibit
B
FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021
STATEOFNEWYORK
SUPREME COURT COUNTY OF ERIE
RANDALL CLAY, and on behalf of all others similarly
situated
104 Admiral Road
Buffalo, New York 14216
THADDEUS C. TOMAKA, Individually and as Executor
of the Estate of LILLIAN TOMAKA, and on behalf of all
others similarly situated
141 Leocrest Court
West Seneca, New York 14224
ARDITH E. BULMAHN, Individually and as
Administratrix of the Estate of DONALD BULMAHN, and
on behalf of all others similarly situated
63 Basswood Drive AMENDED
Cheektowaga, New York 14227 SUMMONS
LULA STEVENS, and on behalf of all others similarly situated
165 South Unon Road
Willaimsville, New York 14221 SERVED WITH
AMENDED
COMPLAINT
PATRICK DOBBINS, Individually and as Executor of the
Estate of JOHN DOBBINS, and on behalf of all others
similarly situated
158 Burroughs Drive
Amherst, New York 14226
Index No.: 2010/3907
VELPO JOHNSON, JR., Individually and as Power of
Attorney for WILLIE STEWART, and on behalf of all
others similarly situated
4186 Kalayne Drive
Williamsville, New York 14221
DIANE ANTKOWIAK and DAVID JANUSZ, Individually
and as Co-Executors ofthe Estate ofLEOCADIA
FRANUSIAK
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60 Bright Street
Buffalo, New York 14206
Plaintiffs,
vs.
RIDGE VIEW MANOR, LLC
300 Dorrance Avenue
Buffalo, NY 14220
WILLIAMSVILLE SUBURBAN, LLC
193 South Union Road
Williamsville, NY 14221
SHERIDAN MANOR, LLC
2799 Sheridan Drive
Tonawanda,NY 14150
LEGACY HEALTH CARE, LLC
193 South Union Road
Williamsville, NY 14221
RICHARD ZACHER
193 South Union Road
Williamville, NY 14221
JOHN DOES 1-200
Defendants.
To the above named Defendants:
YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiffs
attorneys, at the address stated below, a written Answer to the attached Complaint.
Ifthis Summons is served upon you within the State ofNew York by personal service
you must respond within TWENTY (20) days after service, not counting the day of service. If
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this Summons is not personally delivered to you within the State of New York you must respond
within THIRTY (30) days after service is completed, as provided by law.
If you do not respond to the attached Complaint within the applicable time limitation
stated above, a Judgment will be entered against you, by default, for the relief demanded in the
Complaint, without further notice to you.
This action is brought in the County of Erie because of:
[X ] Plaintiffs residence or place of business;
[ ] Defendants' residence; or
[ ] Designation made by Plaintiff.
DATED: Lancaster, New York
February 9, 2011 ~~:-:_--_
~?
BROWN CHIARI LLP
Attorneys for Plaintiff
5775 Broadway
Lancaster, New York 14086-2360
(716) 681-7190
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TATE OF NEW YORK
SUPREME COURT COUNTY OF ERIE
RANDALL CLAY, and on behalf of all others similarly
situated
THADDEUS C. TOMAKA, Individually and as Executor
of the Estate of LILLIAN TOMAKA, and on behalf of all
others similarly situated
ARDITH E. BULMAHN, Individually and as
Administratrix ofthe Estate ofDONALD BULMAHN, and
on behalf of all others similarly situated
LULA STEVENS, and on behalf of all others similarly
situated
PATRICK DOBBINS, Individually and as Executor of the
Estate of JOHN DOBBINS, and on behalf of all others
similarly situated
VELPO JOHNSON, JR., Individually and as Power of
Attorney for WILLIE STEWART, and on behalf of all
others similarly situated
DIANE ANTKOWIAK and DAVID JANUSZ,
Individually and as Co-Executors of the Estate of
LEOCADIA FRANUSIAK
Plaintiffs,
vs. FIRST
AMENDED
COMPLAINT
Index# 12010/3907
RIDGE VIEW MANOR, LLC
WILLIAMSVILLE SUBURBAN, LLC
SHERIDAN MANOR, LLC
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LEGACY HEALTH CARE, LLC
RICHARD ZACHER
JOHN DOES 1-200
Defendants.
PLAINTIFFS, by their attorneys, BROWN CHIARI LLP, for their Complaint in the
above-entitled action, state as follows:
1. RANDALL CLAY, and on behalf of all others similarly situated, as the plaintiff
files this class action versus RIDGE VIEW MANOR, LLC, WILLIAMSVILLE SUBURBAN,
LLC, SHERIDAN MANOR, LLC LEGACY HEALTH CARE, LLC, RICHARD ZACHER, and
JOHN DOES 1-200 (hereinafter collectively referred to as "Defendants"), for damages sustained
as a result of Defendants' violations ofNew York State Public Health Law §§2801-d, et. seq.,
breach of contract, and negligence.
2. THADDEUS C. TOMAKA, Individually and as Executor ofthe Estate of
LILLIAN TOMAKA, and on behalf of all other similarly situated as the plaintiff versus RIDGE
VIEW MANOR, LLC, WILLIAMSVILLE SUBURBAN, LLC, SHERIDAN MANOR, LLC,
LEGACY HEALTH CARE, LLC, RICHARD ZACHER, and JOHN DOES 1-200 (hereinafter
collectively referred to as "Defendants"), for damages sustained as a result of Defendants'
violations ofNew York State Public Health Law §§2801-d, et. seq., breach of contract, and
negligence.
3. ARDITH E. BULMAHN, Individuallly and as Administrator of the Estate of
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DONALD BULMAHN, and on behalf of all other similarly situated as the plaintiffversus
RIDGE VIEW MANOR, LLC, WILLIAMSVILLE SUBURBAN, LLC, SHERIDAN MANOR,
LLC, LEGACY HEALTH CARE, LLC, RICHARD ZACHER, and JOHN DOES 1-200
(hereinafter collectively referred to as "Defendants"), for damages sustained as a result of
Defendants' violations ofNew York State Public Health Law §§2801-d, et. seq., breach of
contract, and negligence.
4. LULA STEVENS, and on behalf of all other similarly situated as the plaintiff
versus RIDGE VIEW MANOR, LLC, WILLIAMSVILLE SUBURBAN, LLC, SHERIDAN
MANOR, LLC, LEGACY HEALTH CARE, LLC, RICHARD ZACHER, and JOHN DOES 1-
200 (hereinafter collectively referred to as "Defendants"), for damages sustained as a result of
Defendants' violations ofNew York State Public Health Law §§2801-d, et. seq., breach of
contract, and negligence.
5. PATRICK DOBBINS, Individuallly and as Executor ofthe Estate of
JOHN DOBBINS, and on behalf of all other similarly situated as the plaintiff versus RIDGE
VIEW MANOR, LLC, WILLIAMSVILLE SUBURBAN, LLC, SHERIDAN MANOR, LLC,
LEGACY HEALTH CARE, LLC, RICHARD ZACHER, and JOHN DOES 1-200 (hereinafter
collectively referred to as "Defendants"), for damages sustained as a result of Defendants'
violations of New York State Public Health Law §§2801-d, et. seq., breach of contract, and
negligence.
6. VELPO JOHNSON, JR., Individuallly and as Power of Attorney of
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WILLIE STEWART, and on behalf of all other similarly situated as the plaintiff versus RIDGE
VIEW MANOR, LLC, WILLIAMSVILLE SUBURBAN, LLC, SHERIDAN MANOR, LLC,
LEGACY HEALTH CARE, LLC, RICHARD ZACHER, and JOHN DOES 1-200 (hereinafter
collectively referred to as "Defendants"), for damages sustained as a result of Defendants'
violations of New York State Public Health Law §§280 1-d, et. seq., breach of contract, and
negligence.
7. DIANE ANTKOWIAK and DAVID JANUSZ, Individuallly and as Co-
Executorsofthe Estate of LEOCADIA FRANUSIAK, and on behalf of all other similarly
situated as the plaintiff versus RIDGE VIEW MANOR, LLC, WILLIAMSVILLE SUBURBAN,
LLC, SHERIDAN MANOR, LLC, LEGACY HEALTH CARE, LLC, RICHARD ZACHER,
and JOHN DOES 1-200 (hereinafter collectively referred to as "Defendants"), for damages
sustained as a result ofDefendants' violations ofNew York State Public Health Law §§2801-d,
et. seq., breach of contract, and negligence.
8. Plaintiffs, above named, complaining of the defendants, allege for
themselves, and on behalf of all others similarly situated:
1. Plaintiff RANDALL CLAY, at all times hereinafter mentioned has
been a resident of County ofErie, State ofNew York.
2. That RANDALL CLAY was a resident of RIDGE VIEW
MANOR,LLC.
3. That plaintiff, THADDEUS C. TOMAKA, is a resident of the
County of Erie, State ofNew York.
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4. That LILLIAN TOMAKA, died on 02/02/2009 having been a
resident of the County of Erie, State ofNew York.
5. That on 7/1110, THADDEUS C. TOMAKA was appointed as
Executor of the Estate of LILLIAN TOMAKA by the Erie County
Surrogate's Court.
6. LILLIAN TOMAKA was a resident of RIDGE VIEW MANOR,
LLC.
7. That plaintiff, ARDITH E. BULMAHN, is a resident of the
County of Erie, State ofNew York.
8. That DONALD BULMAHN, died on 01128/2009 having been a
resident ofthe County of Erie, State ofNew York.
9. That on 03/24/2010, ARDITH E. BULMAHN was appointed as
Admininistrator of the Estate of DONALD BULMAHN by the
Erie County Surrogate's Court.
10. That DONALD BULMAHN was a resident of SHERIDAN
MANOR,LLC.
11. That LULA STEVENS is a resident of the County of Erie, State of
New York.
12. That LULA STEVENS was a resident of WILLIAMSVILLE
SUBURBAN, LLC.
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13. That plaintiff, PATRICK DOBBINS, is a resident ofthe County of
Erie, State of New York.
14. That JOHN DOBBINS, died on 08/16/2008 having been a resident
ofthe County of Erie, State ofNew York.
15. That on 05/05/2010, PATRICK DOBBINS was appointed as
Executor of the Estate of JOHN DOBBINS by the Erie County
Surrogate's Court.
16. That JOHN DOBBINS was a resident of WILLIAMSVILLE
SUBURBAN, LLC.
17. That VELPO JOHNSON, JR. is a resident ofthe County ofErie,
State ofNew York.
18. That WILLIE STEWART, is a resident of the County of Erie,
State ofNew York.
19. That on May 29,2009, VELPO JOHNSON, JR. was appointed
Power of Attorney for WILLIE STEWART.
20. That WILLIE STEWART, was a resident of WILLIAMSVILLE
SUBURBAN, LLC.
21. That Plaintiffs, DIANE ANTKOWIAK and DAVID JANUSZ, are
residents ofthe County of Erie, State ofNew York.
22. That LEOCADIA FRANUSIAK died on 7/6/10, having been a
resident ofthe County of Erie, State ofNew York.
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23. That on 8/18/10, DIANE ANTKOWIAK and DAVID JANUSZ
were appointed Co-Excutors ofthe Estate ofLEOCADIA
FRANUSIAK by the Erie County Surrogate's Court.
24. LEOCADIA FRANUSIAK was a resident of WILLIAMSVILLE
SUBURBAN, LLC.
9. That upon information and belief, defendant, RIDGE VIEW MANOR, LLC, was
a participant in Medicaid and Medicare programs and, as such, was required to be in compliance
with the federal requirements for long-term care as prescribed in the U.S. Code of Federal
Regulations, 42 CFR §483.
10. That upon information and belief, Defendant, RIDGE VIEW MANOR, LLC, is a
domestic limited liability company, incorporated under the laws of the State of New York, with
offices at least at 300 Dorrance Avenue, Buffalo, New York 14220.
11. That upon information and belief, Defendant, RIDGE VIEW MANOR, LLC, is a
domestic limited liability company, incorporated under the laws of the State of New York, with
offices at least at 163 South Union Road, Williamsville, New York 14221.
12. That upon information and belief, Defendant, RIDGE VIEW MANOR, LLC, was
and still is a nursing home facility and/or domestic limited liability company, duly organized and
existing by virtue of the laws of the State of New York, with offices for the transaction of
business located at 300 Dorrance Avenue, Buffalo, New York 14220.
13. That upon information and belief, Defendant, RIDGE VIEW MANOR, LLC,
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was and still is a nursing home facility and/or domestic limited liability company, duly organized
and existing by virtue of the laws of the State of New York, with offices for the transaction of
business located at 163 South Union Road, Williamsville, New York 14221.
14. That upon information and belief, defendant, WILLIAMSVILLE SUBURBAN,
LLC was a participant in Medicaid and Medicare programs and, as such, was required to be in
compliance with the federal requirements for long-term care as prescribed in the U.S. Code of
Federal Regulations, 42 CFR §483.
15. That upon information and belief, Defendant, WILLIAMSVILLE SUBURBAN,
LLC, is a domestic limited liability company, incorporated under the laws of the State of New
York, with offices at least at 193 South Union Road, Williamsville, New York 14221.
16. That upon information and belief, Defendant, WILLIAMSVILLE SUBURBAN,
LLC, is a domestic limited liability company, incorporated under the laws of the State of New
York, with offices at least at 163 Union Road, Williamsville, New York 14221.
17. That upon information and belief, Defendant, WILLIAMSVILLE SUBURBAN,
LLC, was and still is a nursing home facility and/or domestic limited liability company, duly
organized and existing by virtue of the laws of the State of New York, with offices for the
transaction ofbusiness located at 193 South Union Road, Williamsville, New York 14221.
18. That upon information and belief, Defendant, WILLIAMSVILLE SUBURBAN,
LLC, was and still is a nursing home facility and/or domestic limited liability company, duly
organized and existing by virtue of the laws of the State of New York, with offices for the
transaction ofbusiness located at 163 Union Road, Williamsville, New York 14221.
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19. That upon information and belief, defendant, SHERIDAN MANOR, LLC, was a
participant in Medicaid and Medicare programs and, as such, was required to be in compliance
with the federal requirements for long-term care as prescribed in the U.S. Code of Federal
Regulations, 42 CFR §483.
20. That upon information and belief, Defendant, SHERIDAN MANOR, LLC, is a
domestic limited liability company, incorporated under the laws of the State of New York, with
offices at least at 2799 Sheridan Drive, Tonawanda, New York 14150.
21. That upon information and belief, Defendant, SHERIDAN MANOR, LLC, is a
domestic limited liability company, incorporated under the laws of the State ofNew York, with
offices at least at 163 South Union Road, Williamsville, New York 14221.
22. That upon information and belief, Defendant, SHERIDAN MANOR, LLC, was
and still is a nursing horne facility and/or domestic limited liability company, duly organized and
existing by virtue of the laws of the State of New York, with offices for the transaction of
business located at 2799 Sheridan Drive, Tonawanda, New York 14150.
23. That upon information and belief, Defendant, SHERIDAN MANOR, LLC, was
and still is a nursing home facility and/or domestic limited liability company, duly organized and
existing by virtue of the laws of the State of New York, with offices for the transaction of
business located at 163 South Union Road, Williamsville, New York 14221
24. That upon information and belief, defendant, LEGACY HEALTH CARE, LLC,
was a participant in Medicaid and Medicare programs and, as such, was required to be in
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compliance with the federal requirements for long-term care as prescribed in the U.S. Code of
Federal Regulations, 42 CFR §483.
25. That upon information and belief, Defendant, LEGACY HEALTH CARE, LLC, is
a domestic limited liability company, incorporated under the laws of the State ofNew York, with
offices at least at 193 South Union Road, Williamsville, New York 14221.
26. That upon information and belief, at all times mentioned herein, Defendant,
LEGACY HEALTH CARE, LLC, was doing business as RIDGE VIEW MANOR, LLC
27. That upon information and belief, at all times mentioned herein, Defendant,
LEGACY HEALTH CARE, LLC, was doing business as WILLIAMSVILLE SUBURBAN,
LLC.
28. That upon information and belief, at all times mentioned herein, Defendant,
LEGACY HEALTH CARE, LLC, was doing business as SHERIDAN MANOR, LLC.
29. That upon information and belief, Defendant, LEGACY HEALTH CARE, LLC,
owned, operated, managed, directed, administered, and/or assumed responsibility for a nursing
home facility doing business as RIDGE VIEW MANOR, LLC, its agents, servants, employees,
and/or other resident care personnel.
30. That upon information and belief, Defendant, LEGACY HEALTH CARE, LLC,
owned, operated, managed, directed, administered, and/or assumed responsibility for a nursing
home facility doing business as WILLIAMSVILLE SUBURBAN, LLC, its agents, servants,
employees, and/or other resident care personnel.
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31. That upon information and belief, Defendant, LEGACY HEALTH CARE, LLC,
owned, operated, managed, directed, administered, and/or assumed responsibility for a nursing
home facility doing business as SHERIDAN MANOR, LLC, its agents, servants, employees,
and/or other resident care personnel.
32. Defendant RICHARD ZACHER is the current president of LEGACY HEALTH
CARE, LLC
33. Upon information and belief, Defendant RICHARD ZACHER owned, operated,
managed, directed, administered, and/or assumed responsibility for a nursing home facility doing
business as RIDGE VIEW MANOR, LLC, its agents, servants, employees, and/or other resident
care personnel.
34. Upon information and belief, Defendant RICHARD ZACHER owned, operated,
managed, directed, administered, and/or assumed responsibility for a nursing home facility doing
business as WILLIAMSVILLE SUBURBAN, LLC, its agents, servants, employees, and/or other
resident care personnel.
35. Upon information and belief, Defendant RICHARD ZACHER owned, operated,
managed, directed, administered, and/or assumed responsibility for a nursing home facility doing
business as SHERIDAN MANOR, LLC, its agents, servants, employees, and/or other resident
care personnel.
36. Defendant JOHN DOE 1-200 are those persons and/or entities who were and may
continue to be agents, servants, employees of one or more of the above named defendants, and
whose conduct caused the injuries alleged herein to plaintiff and all those similarly situated.
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37. John Doe's 1-200 are persons and/or entities whose relationships to the named
defendants, or whose acts or omissions, give rise to legal responsibility for damages incurred by
plaintiffs and by all those similarly situated, but whose true identities, at the present time, are
unknown to plaintiff. These persons are hereby notified of plaintiff's intention to join them as
defendants, if and when, additionally investigation or discovery reveals the appropriateness of
such joinder. (Hereinafter, all cumulative references to Defendants are in reference to all
Defendants in this action, including John Doe's 1-200).
38. This action is brought by plaintiffs as a class action on their behalf and on behalf
of all others similar situated, under the provisions of §901 ofthe Civil Practice Law and Rules
and pursuant to §280 1-d of the New York State Public Health Law seeking compensatory and
punitive damages on behalf of plaintiff and all others similarly situated as a result of deprivations
by defendants of rights and benefits to which plaintiff and others similarly situated were entitled
by the terms of contract, state statute, code, rule or regulation.
39. This action is brought on behalf of the named plaintiffs identified above and all
others similarly situated New York Residents initially defined as:
a. Facility Resident Class - All persons who resided at a defendant facility on
or after April 15, 2007 ("Class Period").
1. Facility Resident Private Pay Subclass - All persons who are members
of the Facility Resident Class and who made payments to the defendants,
or any of them, through private pay funds and/or privately acquired
insurance during the Class Period.
n. Facility Public Pay Subclass- all persons who are members of the
Facility Resident Class and on whose behalf payments were made to the
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Defendants through public funds (Medicare and Medicaid) during the
Class Period.
b. Family Member Class. All persons who are related to any Facility Class
Member by blood, marriage or legal relationship and paid monies to any defendant
for services rendered at a facility to any Facility Resident Class Member during the
Class Period. The following causes of action are hereby asserted on behalf of this
Subclass: second and third causes of action.
c. Excluded from the above-referenced classes and subclasses are:
1. The defendants, any entity in which the defendants have controlling
interest, the officers, directors, and employees of any defendant, and legal
representatives, heirs, successors, and assigns of the defendant; (ii) any
judge assigned to hear the case (or any spouse or family member of any
assigned judge); or (iii) any juror selected to hear the case.
40. Members ofthe class are so numerous that their individual joinder
or hearing is impractical. The precise number of members and their addresses are presently
unknown to plaintiffs. The precise number of persons in the class and their entities and addresses
may be ascertained from defendants records. If deemed necessary by the Court, members of the
class may be notified of the pendency of this action by mail, supplemented by published notice.
41. There are common questions of law and fact in this action that
relate to and affect the parties to be represented. These common questions or law and fact exist
as to all members of the class and predominate over the questions effecting only individual
members of the class. These common legal and factual questions include without limitation:
a. Whether all or some of the facilities failures to comply with
§2801-d ofthe New York State Public Health Law during the
Class Period;
b. Whether defendants failed to employ an adequate number of
qualified personnel to carry out all the functions of their facilities
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in violation of §2801-d and related statutes, codes, rules and
regulations;
c. Whether defendants' conduct allowed for a pattern of deficiencies
for quality of care issues;
d. Whether defendants failed to advance and support environments
that promoted resident dignity and quality of care; and
e. Whether defendants engaged in a pattern of failing to provide
appropriate and adequate resources for facility staff, facility
maintenance, facility supplies, and staff training.
42. The claims and named plaintiffs are typical of the claims of the
Facility Resident Class. Upon information and belief, the named plaintiffs and Facility Resident
Class Members resided at one or more of the facilities during the class during times where the
facility failed to comply §280ld ofthe New York State Public Health Law. and other state
statutes, codes, rules, and regulations.
43. In addition, plaintiff, RANDALL CLAY made payments to one or more ofthe
defendants for skilled nursing services rendered at a facility through public and private pay funds
during the class period.
44. In addition, plaintiff THADDEUS C. TOMAKA (as well as LILLIAN
TOMAKA) made payments to one or more of the defendants for skilled nursing services
rendered at a facility through public and private pay funds and/or are privately acquired
insurance during the class period
45. The claims ofplaintiffofTHADDEUS C. TOMAKA are typical to members of
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the Family Member Class. THADDEUS C. TOMAKA and Family Member Class Members are
related to one or more Facility Resident Class members by blood, marriage or other legal
relationship, and paid monies to one or more of the defendants for skilled nursing services
rendered at a facility to a facility resident class member during the class.
46. In addition, plaintiff, ARDITH E. BULMAHN (as well as DONALD
BULMAHN) made payments to one or more of the defendants for skilled nursing services
rendered at a facility through public and private pay funds during the class period.
47. The claims of plaintiff of ARDITH E. BULMAHN are typical to members of the
Family Member Class. ARDITH E. BULMAHN and Family Member Class Members are related
to one or more Facility Resident Class members by blood, marriage or other legal relationship,
and paid monies to one or more of the defendants for skilled nursing services rendered at a
facility to a facility resident class member during the class.
48. In addition, plaintiffLULA STEVENS had payments made on her behalf by
public funds for skilled nursing services rendered at a facility during the Class Period. The
named plaintiffs are adequate representatives of the respective classes on whose behalf this
action is prosecuted. Their interest does not conflict with the interest of their respective classes.
Also, they have retained competent counsel with experience and who are able to prosecute this
action vigorously.
49. In addition, plaintiffPATRICK DOBBINS (as well as JOHN DOBBINS)
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made payments to one or more of the defendants for skilled nursing services rendered at a
facility through public and private pay funds and/or are privately acquired insurance during the
class period
50. The claims ofplaintiffofPATRICK DOBBINS are typical to members ofthe
Family Member Class. JOHN DOBBINS and Family Member Class Members are related to one
or more Facility Resident Class members by blood, marriage or other legal relationship, and paid
monies to one or more of the defendants for skilled nursing services rendered at a facility to a
facility resident class member during the class.
51. In addition, plaintiff, VELPO JOHNSON, JR. (as well as WILLIE STEWART)
made payments to one or more of the defendants for skilled nursing services rendered at a
facility through public and private pay funds during the class period.
52. The claims of plaintiff of WILLIE STEWART are typical to members o
Preview
FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 Exhibit B FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 STATEOFNEWYORK SUPREME COURT COUNTY OF ERIE RANDALL CLAY, and on behalf of all others similarly situated 104 Admiral Road Buffalo, New York 14216 THADDEUS C. TOMAKA, Individually and as Executor of the Estate of LILLIAN TOMAKA, and on behalf of all others similarly situated 141 Leocrest Court West Seneca, New York 14224 ARDITH E. BULMAHN, Individually and as Administratrix of the Estate of DONALD BULMAHN, and on behalf of all others similarly situated 63 Basswood Drive AMENDED Cheektowaga, New York 14227 SUMMONS LULA STEVENS, and on behalf of all others similarly situated 165 South Unon Road Willaimsville, New York 14221 SERVED WITH AMENDED COMPLAINT PATRICK DOBBINS, Individually and as Executor of the Estate of JOHN DOBBINS, and on behalf of all others similarly situated 158 Burroughs Drive Amherst, New York 14226 Index No.: 2010/3907 VELPO JOHNSON, JR., Individually and as Power of Attorney for WILLIE STEWART, and on behalf of all others similarly situated 4186 Kalayne Drive Williamsville, New York 14221 DIANE ANTKOWIAK and DAVID JANUSZ, Individually and as Co-Executors ofthe Estate ofLEOCADIA FRANUSIAK - BROWN CHIARI LLP - FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 -Page 2- 60 Bright Street Buffalo, New York 14206 Plaintiffs, vs. RIDGE VIEW MANOR, LLC 300 Dorrance Avenue Buffalo, NY 14220 WILLIAMSVILLE SUBURBAN, LLC 193 South Union Road Williamsville, NY 14221 SHERIDAN MANOR, LLC 2799 Sheridan Drive Tonawanda,NY 14150 LEGACY HEALTH CARE, LLC 193 South Union Road Williamsville, NY 14221 RICHARD ZACHER 193 South Union Road Williamville, NY 14221 JOHN DOES 1-200 Defendants. To the above named Defendants: YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiffs attorneys, at the address stated below, a written Answer to the attached Complaint. Ifthis Summons is served upon you within the State ofNew York by personal service you must respond within TWENTY (20) days after service, not counting the day of service. If - BROWN CHIARI LLP - FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 -Page 3- this Summons is not personally delivered to you within the State of New York you must respond within THIRTY (30) days after service is completed, as provided by law. If you do not respond to the attached Complaint within the applicable time limitation stated above, a Judgment will be entered against you, by default, for the relief demanded in the Complaint, without further notice to you. This action is brought in the County of Erie because of: [X ] Plaintiffs residence or place of business; [ ] Defendants' residence; or [ ] Designation made by Plaintiff. DATED: Lancaster, New York February 9, 2011 ~~:-:_--_ ~? BROWN CHIARI LLP Attorneys for Plaintiff 5775 Broadway Lancaster, New York 14086-2360 (716) 681-7190 - BROWN CHIARI LLP - FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 TATE OF NEW YORK SUPREME COURT COUNTY OF ERIE RANDALL CLAY, and on behalf of all others similarly situated THADDEUS C. TOMAKA, Individually and as Executor of the Estate of LILLIAN TOMAKA, and on behalf of all others similarly situated ARDITH E. BULMAHN, Individually and as Administratrix ofthe Estate ofDONALD BULMAHN, and on behalf of all others similarly situated LULA STEVENS, and on behalf of all others similarly situated PATRICK DOBBINS, Individually and as Executor of the Estate of JOHN DOBBINS, and on behalf of all others similarly situated VELPO JOHNSON, JR., Individually and as Power of Attorney for WILLIE STEWART, and on behalf of all others similarly situated DIANE ANTKOWIAK and DAVID JANUSZ, Individually and as Co-Executors of the Estate of LEOCADIA FRANUSIAK Plaintiffs, vs. FIRST AMENDED COMPLAINT Index# 12010/3907 RIDGE VIEW MANOR, LLC WILLIAMSVILLE SUBURBAN, LLC SHERIDAN MANOR, LLC - BROWN CHIARI LLP - FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 -Page 2- LEGACY HEALTH CARE, LLC RICHARD ZACHER JOHN DOES 1-200 Defendants. PLAINTIFFS, by their attorneys, BROWN CHIARI LLP, for their Complaint in the above-entitled action, state as follows: 1. RANDALL CLAY, and on behalf of all others similarly situated, as the plaintiff files this class action versus RIDGE VIEW MANOR, LLC, WILLIAMSVILLE SUBURBAN, LLC, SHERIDAN MANOR, LLC LEGACY HEALTH CARE, LLC, RICHARD ZACHER, and JOHN DOES 1-200 (hereinafter collectively referred to as "Defendants"), for damages sustained as a result of Defendants' violations ofNew York State Public Health Law §§2801-d, et. seq., breach of contract, and negligence. 2. THADDEUS C. TOMAKA, Individually and as Executor ofthe Estate of LILLIAN TOMAKA, and on behalf of all other similarly situated as the plaintiff versus RIDGE VIEW MANOR, LLC, WILLIAMSVILLE SUBURBAN, LLC, SHERIDAN MANOR, LLC, LEGACY HEALTH CARE, LLC, RICHARD ZACHER, and JOHN DOES 1-200 (hereinafter collectively referred to as "Defendants"), for damages sustained as a result of Defendants' violations ofNew York State Public Health Law §§2801-d, et. seq., breach of contract, and negligence. 3. ARDITH E. BULMAHN, Individuallly and as Administrator of the Estate of - BROWN CHIARI LLP - FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 -Page 3- DONALD BULMAHN, and on behalf of all other similarly situated as the plaintiffversus RIDGE VIEW MANOR, LLC, WILLIAMSVILLE SUBURBAN, LLC, SHERIDAN MANOR, LLC, LEGACY HEALTH CARE, LLC, RICHARD ZACHER, and JOHN DOES 1-200 (hereinafter collectively referred to as "Defendants"), for damages sustained as a result of Defendants' violations ofNew York State Public Health Law §§2801-d, et. seq., breach of contract, and negligence. 4. LULA STEVENS, and on behalf of all other similarly situated as the plaintiff versus RIDGE VIEW MANOR, LLC, WILLIAMSVILLE SUBURBAN, LLC, SHERIDAN MANOR, LLC, LEGACY HEALTH CARE, LLC, RICHARD ZACHER, and JOHN DOES 1- 200 (hereinafter collectively referred to as "Defendants"), for damages sustained as a result of Defendants' violations ofNew York State Public Health Law §§2801-d, et. seq., breach of contract, and negligence. 5. PATRICK DOBBINS, Individuallly and as Executor ofthe Estate of JOHN DOBBINS, and on behalf of all other similarly situated as the plaintiff versus RIDGE VIEW MANOR, LLC, WILLIAMSVILLE SUBURBAN, LLC, SHERIDAN MANOR, LLC, LEGACY HEALTH CARE, LLC, RICHARD ZACHER, and JOHN DOES 1-200 (hereinafter collectively referred to as "Defendants"), for damages sustained as a result of Defendants' violations of New York State Public Health Law §§2801-d, et. seq., breach of contract, and negligence. 6. VELPO JOHNSON, JR., Individuallly and as Power of Attorney of - BROWN CHIARI LLP - FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 -Page 4- WILLIE STEWART, and on behalf of all other similarly situated as the plaintiff versus RIDGE VIEW MANOR, LLC, WILLIAMSVILLE SUBURBAN, LLC, SHERIDAN MANOR, LLC, LEGACY HEALTH CARE, LLC, RICHARD ZACHER, and JOHN DOES 1-200 (hereinafter collectively referred to as "Defendants"), for damages sustained as a result of Defendants' violations of New York State Public Health Law §§280 1-d, et. seq., breach of contract, and negligence. 7. DIANE ANTKOWIAK and DAVID JANUSZ, Individuallly and as Co- Executorsofthe Estate of LEOCADIA FRANUSIAK, and on behalf of all other similarly situated as the plaintiff versus RIDGE VIEW MANOR, LLC, WILLIAMSVILLE SUBURBAN, LLC, SHERIDAN MANOR, LLC, LEGACY HEALTH CARE, LLC, RICHARD ZACHER, and JOHN DOES 1-200 (hereinafter collectively referred to as "Defendants"), for damages sustained as a result ofDefendants' violations ofNew York State Public Health Law §§2801-d, et. seq., breach of contract, and negligence. 8. Plaintiffs, above named, complaining of the defendants, allege for themselves, and on behalf of all others similarly situated: 1. Plaintiff RANDALL CLAY, at all times hereinafter mentioned has been a resident of County ofErie, State ofNew York. 2. That RANDALL CLAY was a resident of RIDGE VIEW MANOR,LLC. 3. That plaintiff, THADDEUS C. TOMAKA, is a resident of the County of Erie, State ofNew York. - BROWN CHIARI LLP - FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 -Page 5- 4. That LILLIAN TOMAKA, died on 02/02/2009 having been a resident of the County of Erie, State ofNew York. 5. That on 7/1110, THADDEUS C. TOMAKA was appointed as Executor of the Estate of LILLIAN TOMAKA by the Erie County Surrogate's Court. 6. LILLIAN TOMAKA was a resident of RIDGE VIEW MANOR, LLC. 7. That plaintiff, ARDITH E. BULMAHN, is a resident of the County of Erie, State ofNew York. 8. That DONALD BULMAHN, died on 01128/2009 having been a resident ofthe County of Erie, State ofNew York. 9. That on 03/24/2010, ARDITH E. BULMAHN was appointed as Admininistrator of the Estate of DONALD BULMAHN by the Erie County Surrogate's Court. 10. That DONALD BULMAHN was a resident of SHERIDAN MANOR,LLC. 11. That LULA STEVENS is a resident of the County of Erie, State of New York. 12. That LULA STEVENS was a resident of WILLIAMSVILLE SUBURBAN, LLC. - BROWN CHIARI LLP - FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 -Page 6- 13. That plaintiff, PATRICK DOBBINS, is a resident ofthe County of Erie, State of New York. 14. That JOHN DOBBINS, died on 08/16/2008 having been a resident ofthe County of Erie, State ofNew York. 15. That on 05/05/2010, PATRICK DOBBINS was appointed as Executor of the Estate of JOHN DOBBINS by the Erie County Surrogate's Court. 16. That JOHN DOBBINS was a resident of WILLIAMSVILLE SUBURBAN, LLC. 17. That VELPO JOHNSON, JR. is a resident ofthe County ofErie, State ofNew York. 18. That WILLIE STEWART, is a resident of the County of Erie, State ofNew York. 19. That on May 29,2009, VELPO JOHNSON, JR. was appointed Power of Attorney for WILLIE STEWART. 20. That WILLIE STEWART, was a resident of WILLIAMSVILLE SUBURBAN, LLC. 21. That Plaintiffs, DIANE ANTKOWIAK and DAVID JANUSZ, are residents ofthe County of Erie, State ofNew York. 22. That LEOCADIA FRANUSIAK died on 7/6/10, having been a resident ofthe County of Erie, State ofNew York. - BROWN CHIARI LLP - FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 -Page 7- 23. That on 8/18/10, DIANE ANTKOWIAK and DAVID JANUSZ were appointed Co-Excutors ofthe Estate ofLEOCADIA FRANUSIAK by the Erie County Surrogate's Court. 24. LEOCADIA FRANUSIAK was a resident of WILLIAMSVILLE SUBURBAN, LLC. 9. That upon information and belief, defendant, RIDGE VIEW MANOR, LLC, was a participant in Medicaid and Medicare programs and, as such, was required to be in compliance with the federal requirements for long-term care as prescribed in the U.S. Code of Federal Regulations, 42 CFR §483. 10. That upon information and belief, Defendant, RIDGE VIEW MANOR, LLC, is a domestic limited liability company, incorporated under the laws of the State of New York, with offices at least at 300 Dorrance Avenue, Buffalo, New York 14220. 11. That upon information and belief, Defendant, RIDGE VIEW MANOR, LLC, is a domestic limited liability company, incorporated under the laws of the State of New York, with offices at least at 163 South Union Road, Williamsville, New York 14221. 12. That upon information and belief, Defendant, RIDGE VIEW MANOR, LLC, was and still is a nursing home facility and/or domestic limited liability company, duly organized and existing by virtue of the laws of the State of New York, with offices for the transaction of business located at 300 Dorrance Avenue, Buffalo, New York 14220. 13. That upon information and belief, Defendant, RIDGE VIEW MANOR, LLC, - BROWN CHIARI LLP - FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 -Page 8- was and still is a nursing home facility and/or domestic limited liability company, duly organized and existing by virtue of the laws of the State of New York, with offices for the transaction of business located at 163 South Union Road, Williamsville, New York 14221. 14. That upon information and belief, defendant, WILLIAMSVILLE SUBURBAN, LLC was a participant in Medicaid and Medicare programs and, as such, was required to be in compliance with the federal requirements for long-term care as prescribed in the U.S. Code of Federal Regulations, 42 CFR §483. 15. That upon information and belief, Defendant, WILLIAMSVILLE SUBURBAN, LLC, is a domestic limited liability company, incorporated under the laws of the State of New York, with offices at least at 193 South Union Road, Williamsville, New York 14221. 16. That upon information and belief, Defendant, WILLIAMSVILLE SUBURBAN, LLC, is a domestic limited liability company, incorporated under the laws of the State of New York, with offices at least at 163 Union Road, Williamsville, New York 14221. 17. That upon information and belief, Defendant, WILLIAMSVILLE SUBURBAN, LLC, was and still is a nursing home facility and/or domestic limited liability company, duly organized and existing by virtue of the laws of the State of New York, with offices for the transaction ofbusiness located at 193 South Union Road, Williamsville, New York 14221. 18. That upon information and belief, Defendant, WILLIAMSVILLE SUBURBAN, LLC, was and still is a nursing home facility and/or domestic limited liability company, duly organized and existing by virtue of the laws of the State of New York, with offices for the transaction ofbusiness located at 163 Union Road, Williamsville, New York 14221. - BROWN CHIARI LLP - FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 -Page 9- 19. That upon information and belief, defendant, SHERIDAN MANOR, LLC, was a participant in Medicaid and Medicare programs and, as such, was required to be in compliance with the federal requirements for long-term care as prescribed in the U.S. Code of Federal Regulations, 42 CFR §483. 20. That upon information and belief, Defendant, SHERIDAN MANOR, LLC, is a domestic limited liability company, incorporated under the laws of the State of New York, with offices at least at 2799 Sheridan Drive, Tonawanda, New York 14150. 21. That upon information and belief, Defendant, SHERIDAN MANOR, LLC, is a domestic limited liability company, incorporated under the laws of the State ofNew York, with offices at least at 163 South Union Road, Williamsville, New York 14221. 22. That upon information and belief, Defendant, SHERIDAN MANOR, LLC, was and still is a nursing horne facility and/or domestic limited liability company, duly organized and existing by virtue of the laws of the State of New York, with offices for the transaction of business located at 2799 Sheridan Drive, Tonawanda, New York 14150. 23. That upon information and belief, Defendant, SHERIDAN MANOR, LLC, was and still is a nursing home facility and/or domestic limited liability company, duly organized and existing by virtue of the laws of the State of New York, with offices for the transaction of business located at 163 South Union Road, Williamsville, New York 14221 24. That upon information and belief, defendant, LEGACY HEALTH CARE, LLC, was a participant in Medicaid and Medicare programs and, as such, was required to be in - BROWN CHIARI LLP - FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 -Page 10- compliance with the federal requirements for long-term care as prescribed in the U.S. Code of Federal Regulations, 42 CFR §483. 25. That upon information and belief, Defendant, LEGACY HEALTH CARE, LLC, is a domestic limited liability company, incorporated under the laws of the State ofNew York, with offices at least at 193 South Union Road, Williamsville, New York 14221. 26. That upon information and belief, at all times mentioned herein, Defendant, LEGACY HEALTH CARE, LLC, was doing business as RIDGE VIEW MANOR, LLC 27. That upon information and belief, at all times mentioned herein, Defendant, LEGACY HEALTH CARE, LLC, was doing business as WILLIAMSVILLE SUBURBAN, LLC. 28. That upon information and belief, at all times mentioned herein, Defendant, LEGACY HEALTH CARE, LLC, was doing business as SHERIDAN MANOR, LLC. 29. That upon information and belief, Defendant, LEGACY HEALTH CARE, LLC, owned, operated, managed, directed, administered, and/or assumed responsibility for a nursing home facility doing business as RIDGE VIEW MANOR, LLC, its agents, servants, employees, and/or other resident care personnel. 30. That upon information and belief, Defendant, LEGACY HEALTH CARE, LLC, owned, operated, managed, directed, administered, and/or assumed responsibility for a nursing home facility doing business as WILLIAMSVILLE SUBURBAN, LLC, its agents, servants, employees, and/or other resident care personnel. - BROWN CHIARI LLP - FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 -Page 11 - 31. That upon information and belief, Defendant, LEGACY HEALTH CARE, LLC, owned, operated, managed, directed, administered, and/or assumed responsibility for a nursing home facility doing business as SHERIDAN MANOR, LLC, its agents, servants, employees, and/or other resident care personnel. 32. Defendant RICHARD ZACHER is the current president of LEGACY HEALTH CARE, LLC 33. Upon information and belief, Defendant RICHARD ZACHER owned, operated, managed, directed, administered, and/or assumed responsibility for a nursing home facility doing business as RIDGE VIEW MANOR, LLC, its agents, servants, employees, and/or other resident care personnel. 34. Upon information and belief, Defendant RICHARD ZACHER owned, operated, managed, directed, administered, and/or assumed responsibility for a nursing home facility doing business as WILLIAMSVILLE SUBURBAN, LLC, its agents, servants, employees, and/or other resident care personnel. 35. Upon information and belief, Defendant RICHARD ZACHER owned, operated, managed, directed, administered, and/or assumed responsibility for a nursing home facility doing business as SHERIDAN MANOR, LLC, its agents, servants, employees, and/or other resident care personnel. 36. Defendant JOHN DOE 1-200 are those persons and/or entities who were and may continue to be agents, servants, employees of one or more of the above named defendants, and whose conduct caused the injuries alleged herein to plaintiff and all those similarly situated. - BROWN CHIARI LLP - FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 -Page 12 37. John Doe's 1-200 are persons and/or entities whose relationships to the named defendants, or whose acts or omissions, give rise to legal responsibility for damages incurred by plaintiffs and by all those similarly situated, but whose true identities, at the present time, are unknown to plaintiff. These persons are hereby notified of plaintiff's intention to join them as defendants, if and when, additionally investigation or discovery reveals the appropriateness of such joinder. (Hereinafter, all cumulative references to Defendants are in reference to all Defendants in this action, including John Doe's 1-200). 38. This action is brought by plaintiffs as a class action on their behalf and on behalf of all others similar situated, under the provisions of §901 ofthe Civil Practice Law and Rules and pursuant to §280 1-d of the New York State Public Health Law seeking compensatory and punitive damages on behalf of plaintiff and all others similarly situated as a result of deprivations by defendants of rights and benefits to which plaintiff and others similarly situated were entitled by the terms of contract, state statute, code, rule or regulation. 39. This action is brought on behalf of the named plaintiffs identified above and all others similarly situated New York Residents initially defined as: a. Facility Resident Class - All persons who resided at a defendant facility on or after April 15, 2007 ("Class Period"). 1. Facility Resident Private Pay Subclass - All persons who are members of the Facility Resident Class and who made payments to the defendants, or any of them, through private pay funds and/or privately acquired insurance during the Class Period. n. Facility Public Pay Subclass- all persons who are members of the Facility Resident Class and on whose behalf payments were made to the - BROWN CHIARI LLP - FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 -Page 13- Defendants through public funds (Medicare and Medicaid) during the Class Period. b. Family Member Class. All persons who are related to any Facility Class Member by blood, marriage or legal relationship and paid monies to any defendant for services rendered at a facility to any Facility Resident Class Member during the Class Period. The following causes of action are hereby asserted on behalf of this Subclass: second and third causes of action. c. Excluded from the above-referenced classes and subclasses are: 1. The defendants, any entity in which the defendants have controlling interest, the officers, directors, and employees of any defendant, and legal representatives, heirs, successors, and assigns of the defendant; (ii) any judge assigned to hear the case (or any spouse or family member of any assigned judge); or (iii) any juror selected to hear the case. 40. Members ofthe class are so numerous that their individual joinder or hearing is impractical. The precise number of members and their addresses are presently unknown to plaintiffs. The precise number of persons in the class and their entities and addresses may be ascertained from defendants records. If deemed necessary by the Court, members of the class may be notified of the pendency of this action by mail, supplemented by published notice. 41. There are common questions of law and fact in this action that relate to and affect the parties to be represented. These common questions or law and fact exist as to all members of the class and predominate over the questions effecting only individual members of the class. These common legal and factual questions include without limitation: a. Whether all or some of the facilities failures to comply with §2801-d ofthe New York State Public Health Law during the Class Period; b. Whether defendants failed to employ an adequate number of qualified personnel to carry out all the functions of their facilities - BROWN CHIARI LLP - FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 -Page 14- in violation of §2801-d and related statutes, codes, rules and regulations; c. Whether defendants' conduct allowed for a pattern of deficiencies for quality of care issues; d. Whether defendants failed to advance and support environments that promoted resident dignity and quality of care; and e. Whether defendants engaged in a pattern of failing to provide appropriate and adequate resources for facility staff, facility maintenance, facility supplies, and staff training. 42. The claims and named plaintiffs are typical of the claims of the Facility Resident Class. Upon information and belief, the named plaintiffs and Facility Resident Class Members resided at one or more of the facilities during the class during times where the facility failed to comply §280ld ofthe New York State Public Health Law. and other state statutes, codes, rules, and regulations. 43. In addition, plaintiff, RANDALL CLAY made payments to one or more ofthe defendants for skilled nursing services rendered at a facility through public and private pay funds during the class period. 44. In addition, plaintiff THADDEUS C. TOMAKA (as well as LILLIAN TOMAKA) made payments to one or more of the defendants for skilled nursing services rendered at a facility through public and private pay funds and/or are privately acquired insurance during the class period 45. The claims ofplaintiffofTHADDEUS C. TOMAKA are typical to members of - BROWN CHIARI LLP - FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 -Page 15- the Family Member Class. THADDEUS C. TOMAKA and Family Member Class Members are related to one or more Facility Resident Class members by blood, marriage or other legal relationship, and paid monies to one or more of the defendants for skilled nursing services rendered at a facility to a facility resident class member during the class. 46. In addition, plaintiff, ARDITH E. BULMAHN (as well as DONALD BULMAHN) made payments to one or more of the defendants for skilled nursing services rendered at a facility through public and private pay funds during the class period. 47. The claims of plaintiff of ARDITH E. BULMAHN are typical to members of the Family Member Class. ARDITH E. BULMAHN and Family Member Class Members are related to one or more Facility Resident Class members by blood, marriage or other legal relationship, and paid monies to one or more of the defendants for skilled nursing services rendered at a facility to a facility resident class member during the class. 48. In addition, plaintiffLULA STEVENS had payments made on her behalf by public funds for skilled nursing services rendered at a facility during the Class Period. The named plaintiffs are adequate representatives of the respective classes on whose behalf this action is prosecuted. Their interest does not conflict with the interest of their respective classes. Also, they have retained competent counsel with experience and who are able to prosecute this action vigorously. 49. In addition, plaintiffPATRICK DOBBINS (as well as JOHN DOBBINS) - BROWN CHIARI LLP - FILED: ERIE COUNTY CLERK 08/25/2021 02:47 PM INDEX NO. 003907/2010 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/25/2021 -Page 16- made payments to one or more of the defendants for skilled nursing services rendered at a facility through public and private pay funds and/or are privately acquired insurance during the class period 50. The claims ofplaintiffofPATRICK DOBBINS are typical to members ofthe Family Member Class. JOHN DOBBINS and Family Member Class Members are related to one or more Facility Resident Class members by blood, marriage or other legal relationship, and paid monies to one or more of the defendants for skilled nursing services rendered at a facility to a facility resident class member during the class. 51. In addition, plaintiff, VELPO JOHNSON, JR. (as well as WILLIE STEWART) made payments to one or more of the defendants for skilled nursing services rendered at a facility through public and private pay funds during the class period. 52. The claims of plaintiff of WILLIE STEWART are typical to members o