Preview
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EXHIBIT A
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
The Estate of MARTIN BORNSTEIN, by her Proposed SUMMONS
Administrator, ROSS TEDFORD,
Index No.:
Plaintiff(s), Date Purchased:
-against-
Plaintiff designates Rockland County
RAMAPO MANOR NURSING CENTER, INC. and THE as the place of trial
WILLOWS AT RAMAPO REHABILITATION &
NURSING CENTERS , The basis of venue is
Defendant’s address:
Defendant(s), 30 Cragmere Rd
Suffern, NY 10901
To the above-named Defendant(s):
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff's attorney within 20 days after the service of this Summons, exclusive
of the day of service (or within 30 days after the service is complete if this summons is not
personally delivered to you within the State of New York); and in case of your failure to appear or
answer, judgment will be taken against you by default for the relief demanded in the complaint.
Dated: Melville, New York
November 2, 2022
NAPOLI SHKOLNIK, PLLC
Attorneys for Plaintiff
By: __________________________
Joseph Ciaccio, Esq.
400 Broadhollow Road, Suite 305
Melville, New York 11747
LEITNER VARUGHESE WARYWODA PLLC
Attorneys for Plaintiff
By: __________________________
Brett R. Leitner, Esq.
425 Broadhollow Road, Suite 417
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Melville, New York 11747
Defendants’ Address(es):
RAMAPO MANOR NURSING CENTER, INC.,
30 CRAGMERE RD, SUFFERN, NY 10901.
THE WILLOWS AT RAMAPO REHABILITATION & NURSING CENTERS,
30 Cragmere Rd, Suffern, NY 10901
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
The Estate of MARTIN BORNSTEIN, by her Proposed
Administrator, ROSS TEDFORD, Index No:
Plaintiff(s), VERIFIED
-against- COMPLAINT
RAMAPO MANOR NURSING CENTER, INC.; and Plaintiff
THE WILLOWS AT RAMAPO REHABILITATION & demands a Jury
NURSING CENTERS , Trial
Defendant(s),
Plaintiff, by their attorneys, NAPOLI SHKOLNIK PLLC and LEITNER VARUGHESE
WARYWODA PLLC, complaining of the defendants, respectfully alleges upon information and
belief:
I. THE PARTIES
a. Plaintiff
1. That at all times hereinafter mentioned, plaintiff ROSS TEDFORD, is the child of
the decedent, MARTIN BORNSTEIN, and is a resident of the State of NY, County of Rockland.
2. That at all times hereinafter mentioned, plaintiff’s decedent, MARTIN
BORNSTEIN, was a resident of the County of Rockland, State of New York.
3. That on April 05, 2020, plaintiff’s decedent, MARTIN BORNSTEIN, died within
the State of New York.
4. That at all times hereinafter mentioned, MARTIN BORNSTEIN and her next of
kin are represented in this action by ROSS TEDFORD, as Proposed Administrator of the Estate.
5. This action falls within one or more exceptions as set forth in N.Y. Civil Practice
Laws and Rules (“C.P.L.R.”) Article 16.
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6. According to the New York Department of Health, defendant RAMAPO MANOR
NURSING CENTER, INC. is the owner and operator of THE WILLOWS AT RAMAPO
REHABILITATION & NURSING CENTERS , which is located at 30 Cragmere Rd, Suffern, NY
10901.
7. That at all times relevant hereto, the term “nursing home” shall refer to and include
defendants RAMAPO MANOR NURSING CENTER, INC. d/b/a THE WILLOWS AT
RAMAPO REHABILITATION & NURSING CENTERS , the owner(s) and operator(s) of same,
as well as any agents, representatives, employees, care givers, nurses, directors, doctors,
physician’s assistants, or staff members of said facility or corporations.
8. Defendant RAMAPO MANOR NURSING CENTER, INC. is located at 30
Cragmere Rd, Suffern, NY 10901.
9. That at all times hereinafter mentioned, upon information and belief, defendant
RAMAPO MANOR NURSING CENTER, INC. was and still is a domestic corporation, duly
organized under and existing by virtue of the laws of the State of New York.
10. That at all times hereinafter mentioned, upon information and belief, the defendant,
RAMAPO MANOR NURSING CENTER, INC., was and still is a business entity doing business
within the State of New York.
11. That at all times hereinafter mentioned, upon information and belief, defendant
RAMAPO MANOR NURSING CENTER, INC. maintained its principal place of business in the
County of Rockland, State of New York.
12. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR
NURSING CENTER, INC. was authorized to do business and to operate a nursing home facility
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located at 30 Cragmere Rd, Suffern, NY 10901, County of Rockland, State of New York, known
as The Willows at Ramapo Rehabilitation & Nursing Centers .
13. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR
NURSING CENTER, INC. was and is the owner of a certain nursing home facility located at 30
Cragmere Rd, Suffern, NY 10901, County of ROCKLAND, State of New York, known as
Ramapo Manor Nursing Center, Inc..
14. That at all times hereinafter mentioned, upon information and belief, defendant
RAMAPO MANOR NURSING CENTER, INC. was the lessor of the aforesaid nursing home
facility.
15. That at all times hereinafter mentioned, upon information and belief, defendant
RAMAPO MANOR NURSING CENTER, INC. was the lessee of the aforesaid nursing home
facility.
16. That at all times hereinafter mentioned, upon information and belief, defendant
RAMAPO MANOR NURSING CENTER, INC. maintained, managed, operated, controlled,
supervised, and inspected the aforesaid nursing home facility.
17. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR
NURSING CENTER, INC. had possession and control of the building and facilities where the
aforesaid nursing home facility is located.
18. That at all times relevant hereto, upon information and belief, defendant RAMAPO
MANOR NURSING CENTER, INC. owned the premises and appurtenances and fixtures thereto,
located at 30 Cragmere Rd, Suffern, NY 10901, County of Rockland, State of New York.
19. Prior to and at all times hereinafter mentioned, the defendant, RAMAPO MANOR
NURSING CENTER, INC., was and still remains engaged in conducting and operating a nursing
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home facility known as THE WILLOWS AT RAMAPO REHABILITATION & NURSING
CENTERS , located at 30 CRAGMERE RD, SUFFERN, NY 10901, County of ROCKLAND,
State of New York, and holds itself out to the general public as a facility providing such care and
accommodations where patients can be treated by competent and skilled physicians and nursing
staff to care for those who are ill.
20. Prior to and at all times hereinafter mentioned, the defendant, RAMAPO MANOR
NURSING CENTER, INC., was and still remains engaged in conducting and operating a nursing
home facility for nursing care known as RAMAPO MANOR NURSING CENTER, INC., located
at 30 Cragmere Rd, Suffern, NY 10901, County of Rockland , State of New York, and holds itself
out to the general public as a facility providing such care and accommodations where patients can
be treated by competent and skilled physicians and nursing staff to care for those who are ill.
21. Prior to and at all times hereinafter mentioned, the defendant, RAMAPO MANOR
NURSING CENTER, INC., was and still remains engaged in conducting and operating a nursing
home facility for the rehabilitation care of ill and injured persons known as THE WILLOWS AT
RAMAPO REHABILITATION & NURSING CENTERS , located at 30 CRAGMERE RD,
SUFFERN, NY 10901, County of ROCKLAND, State of New York, and holds itself out to the
general public as a facility providing such care and accommodations where patients can be treated
by competent and skilled physicians and nursing staff.
22. That at all times relevant hereto, defendant RAMAPO MANOR NURSING
CENTER, INC. claimed to provide for the proper care and safety of the residents at their nursing
home facility, claimed to provide personnel, including doctors, nurses, attendants, assistance and
others for the proper, safety and good treatment of its patients and residents, and held itself out to
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the general public as furnishing treatment facilities where patients and residents, including
plaintiff’s decedent, MARTIN BORNSTEIN, could be provided with proper care and safety.
23. That at all times hereinafter mentioned, defendant RAMAPO MANOR NURSING
CENTER, INC. represented that its nursing home, located at 30 CRAGMERE RD, SUFFERN,
NY 10901, County of ROCKLAND, State of New York, was competent to perform and render all
the resident care, medical care, treatment, services and advice required by plaintiff’s decedent,
MARTIN BORNSTEIN.
24. That at all times relevant hereto, defendant RAMAPO MANOR NURSING
CENTER, INC. was operating a nursing home in the State of New York within the meaning of
Article 28 of the Public Health Law and at all times relevant hereto, defendant was under a duty
to comply with all duties set forth in that chapter.
25. That at all times relevant hereto, nursing homes in the State of New York must
comply with all pertinent Federal, State and local laws, regulations, codes, standards and
principals, pursuant to the New York Code, Rules and Regulations (NYCRR), 10 NYCRR 415.1
(b)(4).
26. That at all times relevant hereto, nursing homes in the State of New York are
required to provide care and services in a manner and quality consistent with generally accepted
standards of practice pursuant to 10 NYCRR 415.1(b)(1).
27. That at all times relevant hereto, the nursing home of defendant RAMAPO
MANOR NURSING CENTER, INC. was and still is a participant in Medicare and Medicaid.
28. That at all times hereinafter mentioned, to participate in Medicare and Medicaid
programs, the nursing home of defendant RAMAPO MANOR NURSING CENTER, INC. was
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required to be in compliance with the Federal requirements for long-term care as prescribed in the
U.S. Code of Federal Regulations, 42 C.F.R. §483.
29. That at all times hereinafter mentioned, to participate in Medicare and Medicaid
programs, the nursing home of defendant RAMAPO MANOR NURSING CENTER, INC. was
and still is aware that it is required to be in compliance with the Federal requirements for long-
term care as prescribed in the U.S. Code of Federal Regulations, 42 C.F.R. §483.
30. That under the Code of Federal Regulations, the nursing home facility of defendant
RAMAPO MANOR NURSING CENTER, INC., must:
a. have sufficient nursing staff to provide nursing and related
services to attain and maintain the highest practicable
physical, mental, and psycho- social well-being of each
resident (42 C.F.R. §483.30); and,
b. provide, if a resident is unable to carry out activities of
daily living, the necessary services to maintain good
nutrition, grooming, and personal and oral hygiene (42
C.F.R. §483.25); and,
c. ensure that the resident’s environment remains free of
accident hazards (42 C.F.R. §483.25(h)(1)); and,
d. ensure that each resident receives adequate supervision
and assistance devices to prevent accidents (42 C.F.R.
§483.25(h)(2)); and,
e. ensure that a resident maintains acceptable parameters of
nutritional status such as body weight and protein levels (42
C.F.R. §483.25); and,
f. provide an appropriate assessment of each resident
entering a certified nursing home and the development and
implementation of an appropriate care plan so that each
resident is allowed to attain and maintain the highest
practicable mental, physical and psycho-social well-being
(42 C.F.R. §483.1); and,
g. ensure that the facility protects the resident from
unnecessary falls and accidents (42 C.F.R. §483.25(h)); and,
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h. conduct an initial assessment to determine the resident’s
risks of falling and develop a care plan that is tailored to
address the resident’s needs (42 C.F.R. §483.20); and,
i. report any resident falls to the attending physician and also
to the responsible party for the resident and to monitor the
resident’s complications from the fall; and,
j. the nursing home facility further has an obligation to
investigate the cause of all falls and develop a plan to protect
the resident from future falls (42 C.F.R. §483.10(10)); and
k. conduct initially (no later than 14 days after admission)
and periodically (after a significant change in the resident’s
physical or mental condition and in no case, less often than
once every 12 months) a comprehensive, accurate,
standardized, reproducible assessment of each resident’s
functional capacity (42 C.F.R. §483.20); and,
l. develop a comprehensive care plan for each resident that
includes measurable objectives and timetables to meet a
resident’s medical, nursing, and mental and psycho-social
needs that are identified in the comprehensive assessment.
The care plan must be developed within 7 days after
completion of the comprehensive assessment and describe
the services that are to be furnished. Also, the care plan must
be periodically reviewed and revised by a team of qualified
persons after each assessment (42 C.F.R. §483.20); and,
m. prevent the deterioration of a resident’s ability to bathe,
dress, groom, transfer and ambulate, toilet, eat, and to use
speech, language or other functional communication
systems (42 C.F.R. §483.25); and,
n. ensure that residents receive proper treatment and
assistive devices to maintain vision and hearing abilities (42
C.F.R. §483.25); and,
o. ensure that residents do not develop [pressure sores and,
if a resident has pressure sores, must provide the necessary
treatment and services to promote healing (42 C.F.R.
§483.25); and,
p. provide appropriate treatment and services to incontinent
residents to restore as much normal bladder functioning as
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possible and prevent injury tract infections (42 C.F.R.
§483.25); and,
q. provide each resident with sufficient fluid intake to
maintain proper hydration and health (42 C.F.R. §483.25);
and,
r. ensure that residents are free of any significant medication
errors (42 C.F.R. §483.25); and,
s. care for its residents in a manner and in an environment
that promotes maintenance or enhancement of each
resident’s quality of life (42 C.F.R. §483.15); and,
t. promote care for residents in a manner and in an
environment that maintains or enhances each resident’s
dignity and respect in full recognition of his or her
individuality (42 C.F.R. §483.15); and,
u. ensure that the resident has the right to chose activities
schedules, and health care consistent with his or her
interests, assessments, and plan of care (42 C.F.R. §483.15);
and,
v. ensure that the medical care of each resident is supervised
by a physician and must provide or arrange for the provision
of physician services 24 hours per day, in case of an
emergency (42 C.F.R. §483.40); and,
w. provide pharmaceutical services (including procedures
that assure the accurate acquiring, receiving, dispensing, and
administering of all drugs and biologicals) to meet the needs
of each resident (42 C.F.R. §483.75); and,
x. be administered in a manner that enables it to use its
resources effectively and efficiently to attain or maintain the
highest practicable physical, mental and psychosocial well-
being of each resident (42 C.F.R. §483.75); and,
y. maintain clinical records on each resident in accordance
with accepted professional standards and practices that
are complete, accurately documented, readily accessible,
and systematically organized (42 C.F.R. §483.75).
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31. That at all times relevant hereto, defendant RAMAPO MANOR NURSING
CENTER, INC. had the duty to properly complete a comprehensive assessment for plaintiff’s
decedent MARTIN BORNSTEIN
32. That at all times relevant hereto, defendant RAMAPO MANOR NURSING
CENTER, INC. had the duty to update a comprehensive assessment for plaintiff’s decedent
MARTIN BORNSTEIN and to keep it current.
33. That at all times relevant hereto, defendant RAMAPO MANOR NURSING
CENTER, INC. had the duty to properly complete a comprehensive care plan for plaintiff’s
decedent MARTIN BORNSTEIN
34. That at all times relevant hereto, defendant RAMAPO MANOR NURSING
CENTER, INC. had the duty to update a comprehensive care plan for plaintiff’s decedent
MARTIN BORNSTEIN and to keep it current.
35. That at all times relevant hereto, defendant RAMAPO MANOR NURSING
CENTER, INC., by its officers, employees, agents and/or servants, under OBRA 42 C.F.R.
§483.25 and New York State rules and regulations, had the duty to ensure that each resident must
receive and the facility must provide the necessary care and services to attain or maintain the
highest practicable physical, mental and psycho-social well-being, in accordance with the
comprehensive assessment and care plan.
36. Prior to and at all times relevant hereto, defendant RAMAPO MANOR NURSING
CENTER, INC. conducted business as a nursing home facility located at 30 CRAGMERE RD,
SUFFERN, NY 10901, County of ROCKLAND, State of New York, as licensed and defined under
New York Public Health Law Section 2801(2).
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37. Prior to and at all times relevant hereto, defendant RAMAPO MANOR NURSING
CENTER, INC. conducted business as a residential health care facility located at 30 CRAGMERE
RD, SUFFERN, NY 10901, County of ROCKLAND, State of New York, as licensed and defined
under New York Public Health Law Section 2801(3).
38. Prior to and at all times hereinafter mentioned, the defendant, RAMAPO MANOR
NURSING CENTER, INC., conducted business as an adult care facility located at 30
CRAGMERE RD, SUFFERN, NY 10901, County of ROCKLAND, State of New York, as
licensed and defined under New York Public Health Law Section 2801(2).
39. That at all times hereinafter mentioned, defendant RAMAPO MANOR NURSING
CENTER, INC. was subject to the provisions of New York Public Health Law Section 2801-c.
40. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR
NURSING CENTER, INC. was a nursing home facility providing therein nursing care to sick,
invalid, infirm, disabled or convalescent persons in addition to lodging and board or health related
services pursuant to New York Public Health Law Section 2801(2).
41. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR
NURSING CENTER, INC. is a nursing home as within the meaning of Public Health Law Section
2801(2).
42. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR
NURSING CENTER, INC. is a residential health care facility within the meaning of Public Health
Law Section 2801(3).
43. Prior to and at all times relevant hereto, defendant RAMAPO MANOR NURSING
CENTER, INC. was a facility subject to the provisions of New York Public Health Law Section
2801-d.
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44. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR
NURSING CENTER, INC. was a facility subject to the provisions of New York Public Health
Law Section 2803-c.
45. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR
NURSING CENTER, INC. was a facility subject to the-provisions of Public Health Law Section
42 U.S.C. Section 1395(i) et seq.
46. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR
NURSING CENTER, INC. was a facility subject to the provisions of Public Health Law Section
1396(r) (1990) et seq. as amended by the Omnibus Budget Reconciliation Act of 1987 (OBRA
Regulations).
47. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR
NURSING CENTER, INC. was a facility subject to the provisions of Public Health Law Section
42 Code of Federal Regulations Parts 483, setting Medicare and Medicaid Requirements for long
term facilities ("OBRA" regulations) as effective October 1, 1990.
48. Prior to and at all times hereinafter mentioned, the nursing home operated by
defendant RAMAPO MANOR NURSING CENTER, INC. was a "nursing facility" as defined by
42 U.S.C.A. Section 1396(r).
49. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR
NURSING CENTER, INC. is a licensed nursing home as such term is understood in law.
50. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR
NURSING CENTER, INC. is a nursing home certified for participation in the Medicare and
Medicaid program as an intermediate skilled care facility.
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51. Prior to and at all times hereinafter mentioned, by reason of selection to participate
as a long-term care provider, defendant RAMAPO MANOR NURSING CENTER, INC. was able
to enjoy substantial revenues paid for by tax fare funded government programs.
52. Prior to and at all times hereinafter mentioned, the aforementioned government
programs provided defendant RAMAPO MANOR NURSING CENTER, INC. with a guaranteed
source of income and a continual flow of residents whose care was paid for by the Medicare and
Medicaid program or some other taxpayer funded program.
53. Prior to and at all times hereinafter mentioned, plaintiff-decedent, was the type of
resident whose care was paid for by the government and was the type of resident defendant
RAMAPO MANOR NURSING CENTER, INC. actively sought in order to fill their empty beds,
increase their rate of occupancy, and overall revenues.
54. At all times relevant to this Complaint, defendant RAMAPO MANOR NURSING
CENTER, INC. was a proprietary corporation engaged in the for-profit operation of a nursing
home, which claimed to “specialize” in the care of helpless individuals who are chronically infirm,
mentally dysfunctional and/or in need of nursing care and treatment.
55. Prior to and at all times hereinafter mentioned, in an effort to ensure that the
plaintiff-decedent and other patients whose care was funded by the government were placed at
their nursing home, defendant RAMAPO MANOR NURSING CENTER, INC. held itself out to
the New York Department of Health, the New York Department of Social Services and the public
at large as being skilled in the performance of nursing, and other medical support services.
56. Prior to and at all times hereinafter mentioned, in an effort to ensure that the
plaintiff-decedent and other patients whose care was funded by the government were placed at
their nursing home, defendant RAMAPO MANOR NURSING CENTER, INC. held itself out to
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the New York Department of Health, the New York Department of Social Services and the public
at large as being properly staffed, supervised and equipped to meet the total needs of their nursing
home residents.
57. Prior to and at all times hereinafter mentioned, in an effort to ensure that the
plaintiff-decedent and other patients whose care was funded by the government were placed at
their nursing home, defendant RAMAPO MANOR NURSING CENTER, INC. held itself out to
the New York Department of Health, the New York Department of Social Services, and the public
at large as being able to specifically meet the total nursing, medical and physical therapy needs of
plaintiff’s decedent and other residents like her.
58. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR
NURSING CENTER, INC., its principals, supervisors, agents, officers, employees, independent
medical personnel, independent contractors, and/or Administrator; Assistant Administrator;
Director of Nursing; Assistant Director of Nursing; Medical Director; Assistant Medical Director,
or any or all of its corporate defendant stockholders, employees, independent medical personnel
and/or independent contractors, or those of its nursing home, and all staff and personnel affiliated
with defendant, were all well aware of the medical conditions and the care that plaintiff’s decedent
required, represented that they could adequately care for her needs, and persuaded the plaintiff’s
decedent and decedent's family to that effect.
59. That at all times relevant hereto, plaintiff’s decedent, MARTIN BORNSTEIN, was
a resident at defendant’s facility located at 30 CRAGMERE RD, SUFFERN, NY 10901, County
of ROCKLAND, State of New York, and was under the care and management of defendant
RAMAPO MANOR NURSING CENTER, INC..
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60. That at all times relevant hereto, defendant RAMAPO MANOR NURSING
CENTER, INC. stood in such a relationship with plaintiff’s decedent MARTIN BORNSTEIN, as
to make it liable for the acts and omissions of its doctors, nurses, staff and employees.
STATEMENT OF FACTS COMMON TO ALL CAUSES OF ACTION
61. On December 31, 2019, the World Health Organization (herein after referred to as
“WHO”) China Country Office was informed of dozens of cases of pneumonia of unknown
etiology detected in Wuhan City, Hubei Province of China.
62. In or around January 2020, Defendants were made aware of severe acute respiratory
syndrome coronavirus 2 (SARS-CoV-2) spreading world-wide and nationally, known colloquially
as the coronavirus, that caused severe medical distress and death in individuals who caught the
disease, especially, the elderly.
63. On January 7, 2020, the viral outbreak in Wuhan, China was identified as a new
type/strain of coronavirus, 2019-nCoV (hereinafter referred to as “novel coronavirus”).
64. SARS-CoV-2 is known and documented to cause a debilitating and deadly disease,
the Coronavirus disease 2019(hereinafter, “COVID-19”).
65. On January 11, 2020, Chinese state media reported its first known death from the
novel coronavirus.
66. On January 12, 2020, China shared the genetic sequence of the novel coronavirus
for countries to use in developing specific diagnostic kits.
67. On January 20, 2020, Japan, South Korea and Thailand reported their first
confirmed cases of the novel coronavirus. On that same day, the head of a Chinese government
coronavirus team confirmed that the novel coronavirus outbreak was transmitted by human-to-
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human contact, which was a development that put medical facilities, institutions, and long-term
skilled nursing facilities on notice of the possibility that the novel corona virus could spread
quickly and widely.
68. On January 23, 2020, the United States and WHO confirmed its first case of the
novel coronavirus in the State of Washington.
69. On February 11, 2020, the WHO announced “COVID-19” as the shortened name
of the novel “coronavirus disease 2019”.
70. On February 13, 2020, the U.S. Director of The Centers for Disease Control and
Prevention (hereinafter referred to as “CDC”) announced that COVID-19 will likely become a
community virus and remain beyond this current season.
71. On February 25, 2020, the CDC issued a warning that spread of the virus to the
United States is likely and that people should prepare; and U.S. senators receive a classified
briefing on the Trump administration’s coronavirus response.
72. COVID-19 can and has spread rapidly in long-term residential care facilities and
persons with chronic underlying medical conditions are at greater risk for COVID-19.
73. On February 28, 2020, a case of the novel coronavirus disease was identified and
confirmed in a woman resident of a long-term care skilled nursing facility in King County,
Washington. A subsequent epidemiologic investigation identified 129 cases of COVID-19,
including 81 residents (over 62% of the resident population), 34 staff members, and 14 visitors. 1
74. These residents and/or patients there were the first in the nation to suffer from and
die as a result of the COVID-19 virus, and news of the dire situation and the first deaths in the
1 https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e1.htm
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United States at the Life Care Center in Kirkland, Washington was widespread all throughout the
United States and was known to all nursing homes.
75. On February 29, 2020, the United States instituted “do not travel warnings” for
affected areas including Italy and South Korea.
76. On February 29, 2020, the CDC posted “Healthcare Facilities: Preparing for
Community Transmission” with the following specific instructions to nursing homes:
Limit visitors to the facility.
Post visual alerts (signs, posters) at entrances and in strategic places providing
instruction on hand hygiene, respiratory hygiene, and cough etiquette.
Ensure supplies are available (tissues, waste receptacles, alcohol-based hand
sanitizer).
Take steps to prevent known or suspected COVID-19 patients from exposing other
patients.
Limit the movement of COVID-19 patients (e.g. keep them in their rooms)
Identify dedicated staff to care for COVID-19 patients.
Observe newly arriving patients/residents for development of respiratory
symptoms.
77. On March 1, 2020, the first confirmed COVID-19 case in the State of New York
was reported.
78. On March 3, 2020, the first presumed COVID-19-related death occurred at a
nursing home in the State of New York.
79. On March 3, 2020, the WHO reported more than 90,000 infections of COVID-19
globally and about 3,000 deaths.
80. On March 4, 2020, the Centers for Medicare and Medicaid Services (“CMS”)
issued its Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-
19) in Nursing Homes, recommending suspension and limitation of standard nursing home
activities, and the screening of visitors and staff at nursing homes for signs and symptoms of a
respiratory infection, such as fever, cough, and sore throat.
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81. Other CMS recommendations included: increasing the availability and accessibility
of alcohol-based hand sanitizers, tissues, no touch receptacles for disposal, and facemasks at the
facility’s entrances, waiting rooms, patient check-ins, etc.; increasing signage for vigilant infection
prevention, such as hand hygiene and cough etiquette; properly cleaning, disinfecting, and limiting
sharing of medical equipment between residents and areas of the facility; and providing additional
work supplies to avoid sharing among staff and residents (i.e., pens, pads), and properly
disinfecting workplace areas (such as nurses’ stations, phones, internal radios, etc.).
82. On March 6, 2020, the NYSDOH issued guidance DAL NH-20-04, addressed to
nursing homes, regarding the precautions and procedures these facilities should take to protect and
maintain the health and safety of their residents and staff during the COVID-19 pandemic
outbreak, and recognizing the “potential for more serious illness among older adults” and the “risk
of outbreak” in these facilities This NYSDOH guidance recommended screening visitors, nursing
home staff, and employees for symptoms of illness upon arriving at work, such as fever, lower
respiratory infection, shortness of breath, cough, nasal congestion, runny nose, sore throat, nausea,
vomiting, and/or diarrhea, adding that “nursing homes strictly enforce their illness and sick leave
policies”.
83. The next day, on March 7, 2020, the then Governor of New York, Andrew M.
Cuomo, declared a state of emergency over the COVID-19 outbreak as cases in the state continued
to rise.
84. On March 11, 2020, President Donald J. Trump suspended travel from Europe, with
the exception of the United Kingdom, and the WHO deemed COVID-19 a global “pandemic.”
85. On March 11, 2020, the NYDOH issued Guidance #20-10, which recognized that
“older individuals, particularly those with other underlying health conditions, have shown greater
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susceptibility to the virus and often experience much more serious illness and outcomes” adding
that “the potential for more serious illness among older adults,
Preview
FILED: ROCKLAND COUNTY CLERK 03/02/2023 03:10 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/02/2023 EXHIBIT A FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND The Estate of MARTIN BORNSTEIN, by her Proposed SUMMONS Administrator, ROSS TEDFORD, Index No.: Plaintiff(s), Date Purchased: -against- Plaintiff designates Rockland County RAMAPO MANOR NURSING CENTER, INC. and THE as the place of trial WILLOWS AT RAMAPO REHABILITATION & NURSING CENTERS , The basis of venue is Defendant’s address: Defendant(s), 30 Cragmere Rd Suffern, NY 10901 To the above-named Defendant(s): YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's attorney within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Melville, New York November 2, 2022 NAPOLI SHKOLNIK, PLLC Attorneys for Plaintiff By: __________________________ Joseph Ciaccio, Esq. 400 Broadhollow Road, Suite 305 Melville, New York 11747 LEITNER VARUGHESE WARYWODA PLLC Attorneys for Plaintiff By: __________________________ Brett R. Leitner, Esq. 425 Broadhollow Road, Suite 417 1 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 Melville, New York 11747 Defendants’ Address(es): RAMAPO MANOR NURSING CENTER, INC., 30 CRAGMERE RD, SUFFERN, NY 10901. THE WILLOWS AT RAMAPO REHABILITATION & NURSING CENTERS, 30 Cragmere Rd, Suffern, NY 10901 2 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND The Estate of MARTIN BORNSTEIN, by her Proposed Administrator, ROSS TEDFORD, Index No: Plaintiff(s), VERIFIED -against- COMPLAINT RAMAPO MANOR NURSING CENTER, INC.; and Plaintiff THE WILLOWS AT RAMAPO REHABILITATION & demands a Jury NURSING CENTERS , Trial Defendant(s), Plaintiff, by their attorneys, NAPOLI SHKOLNIK PLLC and LEITNER VARUGHESE WARYWODA PLLC, complaining of the defendants, respectfully alleges upon information and belief: I. THE PARTIES a. Plaintiff 1. That at all times hereinafter mentioned, plaintiff ROSS TEDFORD, is the child of the decedent, MARTIN BORNSTEIN, and is a resident of the State of NY, County of Rockland. 2. That at all times hereinafter mentioned, plaintiff’s decedent, MARTIN BORNSTEIN, was a resident of the County of Rockland, State of New York. 3. That on April 05, 2020, plaintiff’s decedent, MARTIN BORNSTEIN, died within the State of New York. 4. That at all times hereinafter mentioned, MARTIN BORNSTEIN and her next of kin are represented in this action by ROSS TEDFORD, as Proposed Administrator of the Estate. 5. This action falls within one or more exceptions as set forth in N.Y. Civil Practice Laws and Rules (“C.P.L.R.”) Article 16. 3 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 6. According to the New York Department of Health, defendant RAMAPO MANOR NURSING CENTER, INC. is the owner and operator of THE WILLOWS AT RAMAPO REHABILITATION & NURSING CENTERS , which is located at 30 Cragmere Rd, Suffern, NY 10901. 7. That at all times relevant hereto, the term “nursing home” shall refer to and include defendants RAMAPO MANOR NURSING CENTER, INC. d/b/a THE WILLOWS AT RAMAPO REHABILITATION & NURSING CENTERS , the owner(s) and operator(s) of same, as well as any agents, representatives, employees, care givers, nurses, directors, doctors, physician’s assistants, or staff members of said facility or corporations. 8. Defendant RAMAPO MANOR NURSING CENTER, INC. is located at 30 Cragmere Rd, Suffern, NY 10901. 9. That at all times hereinafter mentioned, upon information and belief, defendant RAMAPO MANOR NURSING CENTER, INC. was and still is a domestic corporation, duly organized under and existing by virtue of the laws of the State of New York. 10. That at all times hereinafter mentioned, upon information and belief, the defendant, RAMAPO MANOR NURSING CENTER, INC., was and still is a business entity doing business within the State of New York. 11. That at all times hereinafter mentioned, upon information and belief, defendant RAMAPO MANOR NURSING CENTER, INC. maintained its principal place of business in the County of Rockland, State of New York. 12. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR NURSING CENTER, INC. was authorized to do business and to operate a nursing home facility 4 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 located at 30 Cragmere Rd, Suffern, NY 10901, County of Rockland, State of New York, known as The Willows at Ramapo Rehabilitation & Nursing Centers . 13. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR NURSING CENTER, INC. was and is the owner of a certain nursing home facility located at 30 Cragmere Rd, Suffern, NY 10901, County of ROCKLAND, State of New York, known as Ramapo Manor Nursing Center, Inc.. 14. That at all times hereinafter mentioned, upon information and belief, defendant RAMAPO MANOR NURSING CENTER, INC. was the lessor of the aforesaid nursing home facility. 15. That at all times hereinafter mentioned, upon information and belief, defendant RAMAPO MANOR NURSING CENTER, INC. was the lessee of the aforesaid nursing home facility. 16. That at all times hereinafter mentioned, upon information and belief, defendant RAMAPO MANOR NURSING CENTER, INC. maintained, managed, operated, controlled, supervised, and inspected the aforesaid nursing home facility. 17. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR NURSING CENTER, INC. had possession and control of the building and facilities where the aforesaid nursing home facility is located. 18. That at all times relevant hereto, upon information and belief, defendant RAMAPO MANOR NURSING CENTER, INC. owned the premises and appurtenances and fixtures thereto, located at 30 Cragmere Rd, Suffern, NY 10901, County of Rockland, State of New York. 19. Prior to and at all times hereinafter mentioned, the defendant, RAMAPO MANOR NURSING CENTER, INC., was and still remains engaged in conducting and operating a nursing 5 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 home facility known as THE WILLOWS AT RAMAPO REHABILITATION & NURSING CENTERS , located at 30 CRAGMERE RD, SUFFERN, NY 10901, County of ROCKLAND, State of New York, and holds itself out to the general public as a facility providing such care and accommodations where patients can be treated by competent and skilled physicians and nursing staff to care for those who are ill. 20. Prior to and at all times hereinafter mentioned, the defendant, RAMAPO MANOR NURSING CENTER, INC., was and still remains engaged in conducting and operating a nursing home facility for nursing care known as RAMAPO MANOR NURSING CENTER, INC., located at 30 Cragmere Rd, Suffern, NY 10901, County of Rockland , State of New York, and holds itself out to the general public as a facility providing such care and accommodations where patients can be treated by competent and skilled physicians and nursing staff to care for those who are ill. 21. Prior to and at all times hereinafter mentioned, the defendant, RAMAPO MANOR NURSING CENTER, INC., was and still remains engaged in conducting and operating a nursing home facility for the rehabilitation care of ill and injured persons known as THE WILLOWS AT RAMAPO REHABILITATION & NURSING CENTERS , located at 30 CRAGMERE RD, SUFFERN, NY 10901, County of ROCKLAND, State of New York, and holds itself out to the general public as a facility providing such care and accommodations where patients can be treated by competent and skilled physicians and nursing staff. 22. That at all times relevant hereto, defendant RAMAPO MANOR NURSING CENTER, INC. claimed to provide for the proper care and safety of the residents at their nursing home facility, claimed to provide personnel, including doctors, nurses, attendants, assistance and others for the proper, safety and good treatment of its patients and residents, and held itself out to 6 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 the general public as furnishing treatment facilities where patients and residents, including plaintiff’s decedent, MARTIN BORNSTEIN, could be provided with proper care and safety. 23. That at all times hereinafter mentioned, defendant RAMAPO MANOR NURSING CENTER, INC. represented that its nursing home, located at 30 CRAGMERE RD, SUFFERN, NY 10901, County of ROCKLAND, State of New York, was competent to perform and render all the resident care, medical care, treatment, services and advice required by plaintiff’s decedent, MARTIN BORNSTEIN. 24. That at all times relevant hereto, defendant RAMAPO MANOR NURSING CENTER, INC. was operating a nursing home in the State of New York within the meaning of Article 28 of the Public Health Law and at all times relevant hereto, defendant was under a duty to comply with all duties set forth in that chapter. 25. That at all times relevant hereto, nursing homes in the State of New York must comply with all pertinent Federal, State and local laws, regulations, codes, standards and principals, pursuant to the New York Code, Rules and Regulations (NYCRR), 10 NYCRR 415.1 (b)(4). 26. That at all times relevant hereto, nursing homes in the State of New York are required to provide care and services in a manner and quality consistent with generally accepted standards of practice pursuant to 10 NYCRR 415.1(b)(1). 27. That at all times relevant hereto, the nursing home of defendant RAMAPO MANOR NURSING CENTER, INC. was and still is a participant in Medicare and Medicaid. 28. That at all times hereinafter mentioned, to participate in Medicare and Medicaid programs, the nursing home of defendant RAMAPO MANOR NURSING CENTER, INC. was 7 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 required to be in compliance with the Federal requirements for long-term care as prescribed in the U.S. Code of Federal Regulations, 42 C.F.R. §483. 29. That at all times hereinafter mentioned, to participate in Medicare and Medicaid programs, the nursing home of defendant RAMAPO MANOR NURSING CENTER, INC. was and still is aware that it is required to be in compliance with the Federal requirements for long- term care as prescribed in the U.S. Code of Federal Regulations, 42 C.F.R. §483. 30. That under the Code of Federal Regulations, the nursing home facility of defendant RAMAPO MANOR NURSING CENTER, INC., must: a. have sufficient nursing staff to provide nursing and related services to attain and maintain the highest practicable physical, mental, and psycho- social well-being of each resident (42 C.F.R. §483.30); and, b. provide, if a resident is unable to carry out activities of daily living, the necessary services to maintain good nutrition, grooming, and personal and oral hygiene (42 C.F.R. §483.25); and, c. ensure that the resident’s environment remains free of accident hazards (42 C.F.R. §483.25(h)(1)); and, d. ensure that each resident receives adequate supervision and assistance devices to prevent accidents (42 C.F.R. §483.25(h)(2)); and, e. ensure that a resident maintains acceptable parameters of nutritional status such as body weight and protein levels (42 C.F.R. §483.25); and, f. provide an appropriate assessment of each resident entering a certified nursing home and the development and implementation of an appropriate care plan so that each resident is allowed to attain and maintain the highest practicable mental, physical and psycho-social well-being (42 C.F.R. §483.1); and, g. ensure that the facility protects the resident from unnecessary falls and accidents (42 C.F.R. §483.25(h)); and, 8 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 h. conduct an initial assessment to determine the resident’s risks of falling and develop a care plan that is tailored to address the resident’s needs (42 C.F.R. §483.20); and, i. report any resident falls to the attending physician and also to the responsible party for the resident and to monitor the resident’s complications from the fall; and, j. the nursing home facility further has an obligation to investigate the cause of all falls and develop a plan to protect the resident from future falls (42 C.F.R. §483.10(10)); and k. conduct initially (no later than 14 days after admission) and periodically (after a significant change in the resident’s physical or mental condition and in no case, less often than once every 12 months) a comprehensive, accurate, standardized, reproducible assessment of each resident’s functional capacity (42 C.F.R. §483.20); and, l. develop a comprehensive care plan for each resident that includes measurable objectives and timetables to meet a resident’s medical, nursing, and mental and psycho-social needs that are identified in the comprehensive assessment. The care plan must be developed within 7 days after completion of the comprehensive assessment and describe the services that are to be furnished. Also, the care plan must be periodically reviewed and revised by a team of qualified persons after each assessment (42 C.F.R. §483.20); and, m. prevent the deterioration of a resident’s ability to bathe, dress, groom, transfer and ambulate, toilet, eat, and to use speech, language or other functional communication systems (42 C.F.R. §483.25); and, n. ensure that residents receive proper treatment and assistive devices to maintain vision and hearing abilities (42 C.F.R. §483.25); and, o. ensure that residents do not develop [pressure sores and, if a resident has pressure sores, must provide the necessary treatment and services to promote healing (42 C.F.R. §483.25); and, p. provide appropriate treatment and services to incontinent residents to restore as much normal bladder functioning as 9 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 possible and prevent injury tract infections (42 C.F.R. §483.25); and, q. provide each resident with sufficient fluid intake to maintain proper hydration and health (42 C.F.R. §483.25); and, r. ensure that residents are free of any significant medication errors (42 C.F.R. §483.25); and, s. care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident’s quality of life (42 C.F.R. §483.15); and, t. promote care for residents in a manner and in an environment that maintains or enhances each resident’s dignity and respect in full recognition of his or her individuality (42 C.F.R. §483.15); and, u. ensure that the resident has the right to chose activities schedules, and health care consistent with his or her interests, assessments, and plan of care (42 C.F.R. §483.15); and, v. ensure that the medical care of each resident is supervised by a physician and must provide or arrange for the provision of physician services 24 hours per day, in case of an emergency (42 C.F.R. §483.40); and, w. provide pharmaceutical services (including procedures that assure the accurate acquiring, receiving, dispensing, and administering of all drugs and biologicals) to meet the needs of each resident (42 C.F.R. §483.75); and, x. be administered in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental and psychosocial well- being of each resident (42 C.F.R. §483.75); and, y. maintain clinical records on each resident in accordance with accepted professional standards and practices that are complete, accurately documented, readily accessible, and systematically organized (42 C.F.R. §483.75). 10 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 31. That at all times relevant hereto, defendant RAMAPO MANOR NURSING CENTER, INC. had the duty to properly complete a comprehensive assessment for plaintiff’s decedent MARTIN BORNSTEIN 32. That at all times relevant hereto, defendant RAMAPO MANOR NURSING CENTER, INC. had the duty to update a comprehensive assessment for plaintiff’s decedent MARTIN BORNSTEIN and to keep it current. 33. That at all times relevant hereto, defendant RAMAPO MANOR NURSING CENTER, INC. had the duty to properly complete a comprehensive care plan for plaintiff’s decedent MARTIN BORNSTEIN 34. That at all times relevant hereto, defendant RAMAPO MANOR NURSING CENTER, INC. had the duty to update a comprehensive care plan for plaintiff’s decedent MARTIN BORNSTEIN and to keep it current. 35. That at all times relevant hereto, defendant RAMAPO MANOR NURSING CENTER, INC., by its officers, employees, agents and/or servants, under OBRA 42 C.F.R. §483.25 and New York State rules and regulations, had the duty to ensure that each resident must receive and the facility must provide the necessary care and services to attain or maintain the highest practicable physical, mental and psycho-social well-being, in accordance with the comprehensive assessment and care plan. 36. Prior to and at all times relevant hereto, defendant RAMAPO MANOR NURSING CENTER, INC. conducted business as a nursing home facility located at 30 CRAGMERE RD, SUFFERN, NY 10901, County of ROCKLAND, State of New York, as licensed and defined under New York Public Health Law Section 2801(2). 11 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 37. Prior to and at all times relevant hereto, defendant RAMAPO MANOR NURSING CENTER, INC. conducted business as a residential health care facility located at 30 CRAGMERE RD, SUFFERN, NY 10901, County of ROCKLAND, State of New York, as licensed and defined under New York Public Health Law Section 2801(3). 38. Prior to and at all times hereinafter mentioned, the defendant, RAMAPO MANOR NURSING CENTER, INC., conducted business as an adult care facility located at 30 CRAGMERE RD, SUFFERN, NY 10901, County of ROCKLAND, State of New York, as licensed and defined under New York Public Health Law Section 2801(2). 39. That at all times hereinafter mentioned, defendant RAMAPO MANOR NURSING CENTER, INC. was subject to the provisions of New York Public Health Law Section 2801-c. 40. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR NURSING CENTER, INC. was a nursing home facility providing therein nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health related services pursuant to New York Public Health Law Section 2801(2). 41. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR NURSING CENTER, INC. is a nursing home as within the meaning of Public Health Law Section 2801(2). 42. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR NURSING CENTER, INC. is a residential health care facility within the meaning of Public Health Law Section 2801(3). 43. Prior to and at all times relevant hereto, defendant RAMAPO MANOR NURSING CENTER, INC. was a facility subject to the provisions of New York Public Health Law Section 2801-d. 12 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 44. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR NURSING CENTER, INC. was a facility subject to the provisions of New York Public Health Law Section 2803-c. 45. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR NURSING CENTER, INC. was a facility subject to the-provisions of Public Health Law Section 42 U.S.C. Section 1395(i) et seq. 46. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR NURSING CENTER, INC. was a facility subject to the provisions of Public Health Law Section 1396(r) (1990) et seq. as amended by the Omnibus Budget Reconciliation Act of 1987 (OBRA Regulations). 47. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR NURSING CENTER, INC. was a facility subject to the provisions of Public Health Law Section 42 Code of Federal Regulations Parts 483, setting Medicare and Medicaid Requirements for long term facilities ("OBRA" regulations) as effective October 1, 1990. 48. Prior to and at all times hereinafter mentioned, the nursing home operated by defendant RAMAPO MANOR NURSING CENTER, INC. was a "nursing facility" as defined by 42 U.S.C.A. Section 1396(r). 49. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR NURSING CENTER, INC. is a licensed nursing home as such term is understood in law. 50. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR NURSING CENTER, INC. is a nursing home certified for participation in the Medicare and Medicaid program as an intermediate skilled care facility. 13 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 51. Prior to and at all times hereinafter mentioned, by reason of selection to participate as a long-term care provider, defendant RAMAPO MANOR NURSING CENTER, INC. was able to enjoy substantial revenues paid for by tax fare funded government programs. 52. Prior to and at all times hereinafter mentioned, the aforementioned government programs provided defendant RAMAPO MANOR NURSING CENTER, INC. with a guaranteed source of income and a continual flow of residents whose care was paid for by the Medicare and Medicaid program or some other taxpayer funded program. 53. Prior to and at all times hereinafter mentioned, plaintiff-decedent, was the type of resident whose care was paid for by the government and was the type of resident defendant RAMAPO MANOR NURSING CENTER, INC. actively sought in order to fill their empty beds, increase their rate of occupancy, and overall revenues. 54. At all times relevant to this Complaint, defendant RAMAPO MANOR NURSING CENTER, INC. was a proprietary corporation engaged in the for-profit operation of a nursing home, which claimed to “specialize” in the care of helpless individuals who are chronically infirm, mentally dysfunctional and/or in need of nursing care and treatment. 55. Prior to and at all times hereinafter mentioned, in an effort to ensure that the plaintiff-decedent and other patients whose care was funded by the government were placed at their nursing home, defendant RAMAPO MANOR NURSING CENTER, INC. held itself out to the New York Department of Health, the New York Department of Social Services and the public at large as being skilled in the performance of nursing, and other medical support services. 56. Prior to and at all times hereinafter mentioned, in an effort to ensure that the plaintiff-decedent and other patients whose care was funded by the government were placed at their nursing home, defendant RAMAPO MANOR NURSING CENTER, INC. held itself out to 14 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 the New York Department of Health, the New York Department of Social Services and the public at large as being properly staffed, supervised and equipped to meet the total needs of their nursing home residents. 57. Prior to and at all times hereinafter mentioned, in an effort to ensure that the plaintiff-decedent and other patients whose care was funded by the government were placed at their nursing home, defendant RAMAPO MANOR NURSING CENTER, INC. held itself out to the New York Department of Health, the New York Department of Social Services, and the public at large as being able to specifically meet the total nursing, medical and physical therapy needs of plaintiff’s decedent and other residents like her. 58. Prior to and at all times hereinafter mentioned, defendant RAMAPO MANOR NURSING CENTER, INC., its principals, supervisors, agents, officers, employees, independent medical personnel, independent contractors, and/or Administrator; Assistant Administrator; Director of Nursing; Assistant Director of Nursing; Medical Director; Assistant Medical Director, or any or all of its corporate defendant stockholders, employees, independent medical personnel and/or independent contractors, or those of its nursing home, and all staff and personnel affiliated with defendant, were all well aware of the medical conditions and the care that plaintiff’s decedent required, represented that they could adequately care for her needs, and persuaded the plaintiff’s decedent and decedent's family to that effect. 59. That at all times relevant hereto, plaintiff’s decedent, MARTIN BORNSTEIN, was a resident at defendant’s facility located at 30 CRAGMERE RD, SUFFERN, NY 10901, County of ROCKLAND, State of New York, and was under the care and management of defendant RAMAPO MANOR NURSING CENTER, INC.. 15 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 60. That at all times relevant hereto, defendant RAMAPO MANOR NURSING CENTER, INC. stood in such a relationship with plaintiff’s decedent MARTIN BORNSTEIN, as to make it liable for the acts and omissions of its doctors, nurses, staff and employees. STATEMENT OF FACTS COMMON TO ALL CAUSES OF ACTION 61. On December 31, 2019, the World Health Organization (herein after referred to as “WHO”) China Country Office was informed of dozens of cases of pneumonia of unknown etiology detected in Wuhan City, Hubei Province of China. 62. In or around January 2020, Defendants were made aware of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) spreading world-wide and nationally, known colloquially as the coronavirus, that caused severe medical distress and death in individuals who caught the disease, especially, the elderly. 63. On January 7, 2020, the viral outbreak in Wuhan, China was identified as a new type/strain of coronavirus, 2019-nCoV (hereinafter referred to as “novel coronavirus”). 64. SARS-CoV-2 is known and documented to cause a debilitating and deadly disease, the Coronavirus disease 2019(hereinafter, “COVID-19”). 65. On January 11, 2020, Chinese state media reported its first known death from the novel coronavirus. 66. On January 12, 2020, China shared the genetic sequence of the novel coronavirus for countries to use in developing specific diagnostic kits. 67. On January 20, 2020, Japan, South Korea and Thailand reported their first confirmed cases of the novel coronavirus. On that same day, the head of a Chinese government coronavirus team confirmed that the novel coronavirus outbreak was transmitted by human-to- 16 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 human contact, which was a development that put medical facilities, institutions, and long-term skilled nursing facilities on notice of the possibility that the novel corona virus could spread quickly and widely. 68. On January 23, 2020, the United States and WHO confirmed its first case of the novel coronavirus in the State of Washington. 69. On February 11, 2020, the WHO announced “COVID-19” as the shortened name of the novel “coronavirus disease 2019”. 70. On February 13, 2020, the U.S. Director of The Centers for Disease Control and Prevention (hereinafter referred to as “CDC”) announced that COVID-19 will likely become a community virus and remain beyond this current season. 71. On February 25, 2020, the CDC issued a warning that spread of the virus to the United States is likely and that people should prepare; and U.S. senators receive a classified briefing on the Trump administration’s coronavirus response. 72. COVID-19 can and has spread rapidly in long-term residential care facilities and persons with chronic underlying medical conditions are at greater risk for COVID-19. 73. On February 28, 2020, a case of the novel coronavirus disease was identified and confirmed in a woman resident of a long-term care skilled nursing facility in King County, Washington. A subsequent epidemiologic investigation identified 129 cases of COVID-19, including 81 residents (over 62% of the resident population), 34 staff members, and 14 visitors. 1 74. These residents and/or patients there were the first in the nation to suffer from and die as a result of the COVID-19 virus, and news of the dire situation and the first deaths in the 1 https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e1.htm 17 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 United States at the Life Care Center in Kirkland, Washington was widespread all throughout the United States and was known to all nursing homes. 75. On February 29, 2020, the United States instituted “do not travel warnings” for affected areas including Italy and South Korea. 76. On February 29, 2020, the CDC posted “Healthcare Facilities: Preparing for Community Transmission” with the following specific instructions to nursing homes: Limit visitors to the facility. Post visual alerts (signs, posters) at entrances and in strategic places providing instruction on hand hygiene, respiratory hygiene, and cough etiquette. Ensure supplies are available (tissues, waste receptacles, alcohol-based hand sanitizer). Take steps to prevent known or suspected COVID-19 patients from exposing other patients. Limit the movement of COVID-19 patients (e.g. keep them in their rooms) Identify dedicated staff to care for COVID-19 patients. Observe newly arriving patients/residents for development of respiratory symptoms. 77. On March 1, 2020, the first confirmed COVID-19 case in the State of New York was reported. 78. On March 3, 2020, the first presumed COVID-19-related death occurred at a nursing home in the State of New York. 79. On March 3, 2020, the WHO reported more than 90,000 infections of COVID-19 globally and about 3,000 deaths. 80. On March 4, 2020, the Centers for Medicare and Medicaid Services (“CMS”) issued its Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID- 19) in Nursing Homes, recommending suspension and limitation of standard nursing home activities, and the screening of visitors and staff at nursing homes for signs and symptoms of a respiratory infection, such as fever, cough, and sore throat. 18 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 81. Other CMS recommendations included: increasing the availability and accessibility of alcohol-based hand sanitizers, tissues, no touch receptacles for disposal, and facemasks at the facility’s entrances, waiting rooms, patient check-ins, etc.; increasing signage for vigilant infection prevention, such as hand hygiene and cough etiquette; properly cleaning, disinfecting, and limiting sharing of medical equipment between residents and areas of the facility; and providing additional work supplies to avoid sharing among staff and residents (i.e., pens, pads), and properly disinfecting workplace areas (such as nurses’ stations, phones, internal radios, etc.). 82. On March 6, 2020, the NYSDOH issued guidance DAL NH-20-04, addressed to nursing homes, regarding the precautions and procedures these facilities should take to protect and maintain the health and safety of their residents and staff during the COVID-19 pandemic outbreak, and recognizing the “potential for more serious illness among older adults” and the “risk of outbreak” in these facilities This NYSDOH guidance recommended screening visitors, nursing home staff, and employees for symptoms of illness upon arriving at work, such as fever, lower respiratory infection, shortness of breath, cough, nasal congestion, runny nose, sore throat, nausea, vomiting, and/or diarrhea, adding that “nursing homes strictly enforce their illness and sick leave policies”. 83. The next day, on March 7, 2020, the then Governor of New York, Andrew M. Cuomo, declared a state of emergency over the COVID-19 outbreak as cases in the state continued to rise. 84. On March 11, 2020, President Donald J. Trump suspended travel from Europe, with the exception of the United Kingdom, and the WHO deemed COVID-19 a global “pandemic.” 85. On March 11, 2020, the NYDOH issued Guidance #20-10, which recognized that “older individuals, particularly those with other underlying health conditions, have shown greater 19 of 52 FILED: ROCKLAND COUNTY CLERK 03/02/2023 11/03/2022 03:10 03:04 PM INDEX NO. 034664/2022 NYSCEF DOC. NO. 12 1 RECEIVED NYSCEF: 03/02/2023 11/03/2022 susceptibility to the virus and often experience much more serious illness and outcomes” adding that “the potential for more serious illness among older adults,