Preview
FILED:
F ILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 09/06/2022
0 4 / 2 8 / 2 0 21 10:40
02 : 2 6 AM INDEX
INDEX NO.
NO. EF21-165
EF21-165
PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 21
8 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 04/28/2021
09/06/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF CORTLAND
CCRNC d/b/a Crown Park Rehabilitation and
Index No.: EF21-165
Nursing Center,
Plaintiff '
-vs- VERIFIED
ANSWER AND
COUNTERCLAIMS
CAROL ALEXANDER and PAUL ALEXANDER,
Defendants.
The Defendants, CAROL ALEXANDER and PAUL ALEXANDER, by their attorneys,
Williamson, Clune & Stevens, answering the Complaint of the Plaintiff herein, allege as follows:
1. Deny knowledge sufficient to form a belief as to each and every allegation
contained in the paragraphs of the Plaintiff s Complaint numbered and designated "1", "4", "5",
"27"
"6", "12", "18", "22", "24", "26", and "28".
2. Deny each and every allegation contained in the paragraphs of the Plaintiff s
Complaint numbered and designated "7", "8", "9", "10", "11", "13", "14", "15", "16", "17",
"30"
"19", "20", "21", "23", "25", "29", and "31".
AS AND FOR A FIRST SEPARATE,
COMPLETE AND AFFIRMATIVE DEFENSE, THE DEFENDANTS,
CAROL ALEXANDER and PAUL ALEXANDER, ALLEGE:
3. That the Plaintiff is guilty of culpable conduct that caused or contributed to the
damages alleged in the Plaintiff's Complaint.
AS AND FOR A SECOND SEPARATE,
COMPLETE AND AFFIRMATIVE DEFENSE, THE DEFENDANTS,
CAROL ALEXANDER and PAUL ALEXANDER, ALLEGE:
4. That the Plaintiffs Complaint fails to state a cause of action against the
Defendants, CAROL ALEXANDER and PAUL ALEXANDER.
* 2022325331
EF21-165
09/06/2022 10:40:55 AM
A24" 28 EF21-165 Pages 12
20221 02:26:07PM = 1"
EXHIBIT(S)
Elizabeth Larkin, County Clerk
Ill Illl
1 of 12
FILED:
FILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 09/06/2022
0 4 /28 /2021 10:40
02 : 2 6 AM
INDEX
INDEX NO.
NO. EF21-165
EF21-165
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 21
8 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/06/2022
04/28/2021
AS AND FOR A THIRD SEPARATE,
COMPLETE AND AFFIRMATIVE DEFENSE, THE DEFENDANTS,
CAROL ALEXANDER and PAUL ALEXANDER, ALLEGE:
5. Plaintiff has failed to fulfill Plaintiff's obligations under the Contract and thereby
is barred from pursuing any remedy under said contract.
AS AND FOR A FOURTH SEPARATE,
COMPLETE AND AFFIRMATIVE DEFENSE, THE DEFENDANTS,
CAROL ALEXANDER and PAUL ALEXANDER, ALLEGE:
6. That Defendant, PAUL ALEXANDER was not a party to the Contract and thus,
the causes of action against PAUL ALEXANDER must fail.
AS AND FOR.A FIFTH SEPARATE,
COMPLETE AND AFFIRMATIVE DEFENSE, THE DEFENDANTS,
CAROL ALEXANDER and PAUL ALEXANDER ALLEGE:
7. The principal purpose of the contract between Plaintiff and Defendant, CAROL
ALEXANDER, was for the Plaintiff to provide healthcare services to CAROL ALEXANDER.
8. The Plaintiff's failure to provide adequate healthcare to the Defendant, CAROL
ALEXANDER, as required by the contract, rendered the contract valueless to CAROL
ALEXANDER, and, thus, the Plaintiff is not entitled to any monies.
9. The Plaintiff's failure to provide adequate healthcare to Defendant, CAROL
ALEXANDER, as required by the contract was unforeseeable when the contract was executed,
AS AND FOR A SIXTH SEPARATE,
COMPLETE AND AFFIRMATIVE DEFENSE, AND FIRST COUNTERCLAIM
THE DEFENDANTS, CAROL ALEXANDER and PAUL ALEXANDER ALLEGE:
10. The Plaintiff set forth an express warranty as to the quality of care which
Defendant CAROL ALEXANDER would be provided under the contract.
11. The quality of care received by Defendant CAROL ALEXANDER did not
conform to the promise of the warranty under the contract.
--2-
2 of 12
FILED:
F ILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 09/06/2022
0 4 / 2 8 / 2 02 1 10:40
02 : 2 6 AM
INDEX
INDEX NO.
NO. EF21-165
EF21-165
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 21
8 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/06/2022
04/28/2021
12. Due to the Plaintiff's breach of the warranty, the Defendant, CAROL
ALEXANDER sustained injuries, and thus, the Plaintiff is not entitled to any monies.
AS AND FOR A SEVENTH SEPARATE,
COMPLETE AND AFFIRMATIVE DEFENSE, AND SECOND COUNTERCLAIM
THE DEFENDANTS, CAROL ALEXANDER and PAUL ALEXANDER ALLEGE:
13. The Contract is a written rental agreement for the premises in which Defendant
CAROL ALEXANDER resided.
14. The Plaintiff warranted that the premises rented by Defendant CAROL
ALEXANDER used in common with other residents were fit for human habitation for the
healthcare purposes reasonably intended by the parties.
15. The Plaintiff also warranted that Defendant CAROL ALEXANDER would not be
subjected to any conditions that would be dangerous, hazardous and/or detrimental to her life,
health, or safety.
16. Due to the Plaintiff's breach of the above warranties, the Defendant has suffered
damages, and thus, the Plaintiff is not entitled to any monies.
AS AND FOR AN EIGHTH SEPARATE,
COMPLETE AND AFFIRMATIVE DEFENSE, AND THIRD COUNTERCLAIM
THE DEFENDANTS, CAROL ALEXANDER and PAUL ALEXANDER ALLEGE:
17. The Plaintiff regularly provides healthcare and rehabilitation services.
18. The Plaintiff held the premises out to be fit for human habitation,
19. The Plaintiff failed to comply with the reasonable expectations to provide
competent healthcare to the Defendant, CAROL ALEXANDER,
20. The Plaintiff failed to prevent the Defendant, CAROL ALEXANDER, from being
subjected to dangerous and hazardous conditions which were detrimental to her life, health, and
safety.
-3-
3 of 12
FILED:
FILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 09/06/2022
0 4 / 28 / 2021 10:40
02 : 2 6 AM
INDEX
INDEX NO.
NO. EF21-165
EF21-165
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 21
8 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/06/2022
04/28/2021
21. As a result, the Defendant, CAROL ALEXANDER has suffered damages, and
thus, the Plaintiff is not entitled to any monies.
AS AND FOR A FOURTH COUNTERCLAIM,
THE DEFENDANTS, CAROL ALEXANDER and PAUL ALEXANDER ALLEGE:
22. The Defendants, CAROL ALEXANDER and PAUL ALEXANDER repeat and
"1"- "21"
reallege every allegation in paragraphs above as if fully set forth herein.
23. Upon information and belief, at all times relevant, Plaintiff CCRNC d/b/a Crown
Park Rehabilitation and Nursing Center ("Nursing Home") is a domestic limited liability
company organized and existing under the Iaws of the State of New York and conducting
business at 28 Kellogg Road, Cortland, New York 13045.
24. At all times hereinafter mentioned, Plaintiff owned, operated, managed and
controlled a certain facility located at 28 Kellogg Road, Cortland, New York for the treatment of
aged, sick and ailing individuals in the County of Cortland, State of New York, and as such held
itself out as duly qualified to render proper and adequate medical and diagnostic services to the
general public, including the Defendant CAROL ALEXANDER.
25. That from on or about January 31, 2020 through on or about November 22, 2020,
the Defendant, Carol Alexander, came under the care and treatment of the Plaintiff as well as
their agents, servants and/or employees for diagnosis, treatment and care and to receive services
that might be necessary with respect thereto.
26. That from on or about January 31, 2020 through on or about November 22, 2020,
the Defendant, CAROL ALEXANDER, remained under the care and treatment of the Plaintiff as
well as their agents, servants, and/or employees for diagnosis and treatment and to receive
services that might be necessary with respect thereto.
..4-
. 4 of 12
FILED:
FILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 09/06/2022
0 4 / 2 8 / 2 02 1 10:40
02 : 2 6 AM
INDEX
INDEX NO.
NO. EF21-165
EF21-165
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 21
8 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/06/2022
04/28/2021
27. That Plaintiff, by their agents, servants, and/or employees undertook in the care
and treatment of the Defendant, CAROL ALEXANDER to treat and care for the aforementioned
defendant in accordance with the standards of care and treatment generally accepted in the
community, to utilize their best judgment and to utilize approved methods in general use.
28. During the aforesaid times, while Defendant, CAROL ALEXANDER, was a
resident and patient of the Plaintiff, the Plaintiff departed from accepted and proper medical and
nursing home practices and standards and were negligent and committed malpractice upon the
Defendant, CAROL ALEXANDER in, amongst other departures, causing Defendant's serious
injuries by negligently and carelessly failing to take steps to prevent pressure sores; negligently
and carelessly failing to track the progression of the Defendant's pressure sores; inadequately
evaluating the Defendant for risk for pressure sores; negligently and carelessly failing to treat
and care for Defendant in a careful and skillful manner; and to use
negligently carelessly failing
and utilize approved methods in the general use of care and treatment of Defendant, CAROL
ALEXANDER; negligently and carelessly failing to properly diagnose and treat the condition
from which Defendant, CAROL ALEXANDER, suffered; negligently and carelessly failing to
consider Defendant, CAROL ALEXANDER's complaints and relevant medical history;
negligently and carelessly failing to timely call in qualified consultants; and in otherwise failing
to act as competent health care providers.
29. AII of the above has occurred without any negligence on the part of the
Defendants contributing thereto.
30. As a result of the foregoing, Defendant, CAROL ALEXANDER, suffered severe
and serious personal injuries and pain and suffering, both physical and emotional, and had
aggravation, exacerbation, precipitation and acceleration of underlying conditions, undergone
-5-
5 of 12
FILED:
FILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 09/06/2022
0 4 / 2 8 / 2 02 1 10:40
02 : 2 6 AM
INDEX
INDEX NO.
NO. EF21-165
EF21-165
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 21
8 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/06/2022
04/28/2021
surgery and hospitalization, suffered extreme mental and emotional anxiety, upset and
depression, all to the Defendant's damage in a sum of money exceeding the monetary
jurisdiction of all lower Courts.
31. This action falls within the exceptions to Article 16 of the CPLR.
AS AND FOR A FIFTH COUNTERCLAIM,
THE DEFENDANTS, CAROL ALEXANDER and PAUL ALEXANDER ALLEGE:
32. The Defendants, CAROL ALEXANDER and PAUL ALEXANDER repeat and
"1"- "31"
reallege every allegation in paragraphs above as if fully set forth herein.
33. At all times relevant herein and upon information and belief, Plaintiff was
careless, reckless and otherwise grossly negligent in the hiring and supervision of its agents,
servants and/or employees, in causing, allowing and permitting them to act without meaningful
supervision in their official capacity as health care providers, thereby causing the injuries and
damages to the Defendant, CAROL ALEXANDER as hereinbefore alleged.
34. At all times relevant herein, upon information and belief, the Plaintiff was on
actual notice that its agents, servants and/or employees were trained and skilled to
inadequately
perform their duties properly and within the standards of practice and conduct for health care
practitioners; were unable to perform their obligations and duties as health care providers in a
safe and responsible manner; and despite this knowledge, caused, permitted and allowed them to
continue in their employment as health care providers, thereby causing the injuries and damages
to the Defendant, CAROL ALEXANDER as hereinbefore alleged.
35. At all times relevant herein, upon information and belief, the Plaintiff was on
actual notice that an insufficient number of health care practitioners, including doctors, nurses,
nurses'
and aides, were available, present and on duty, and that the ratio of medical practitioners
- 6 -
6 of 12
FILED:
F ILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 09/06/2022
0 4 / 2 8 / 2 02 1 10:40
02 : 2 6 AM
INDEX
INDEX NO.
NO. EF21-165
EF21-165
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 21
8 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/06/2022
04/28/2021
to patients was inadequate; and despite this knowledge, caused, permitted and allowed the
inadequate conditions to exist.
36. At all times relevant herein and upon information and belief, the Plaintiff was
careless, reckless and grossly negligent in the retention of their employees in causing, allowing
and permitting to continue in their employment as health care providers, the
thereby causing
injuries and damages to the Defendant, CAROL ALEXANDER as hereinbefore alleged.
37. As a result of the foregoing, the DEFENDANT, CAROL ALEXANDER has
suffered severe and serious personal injuries and pain and suffering, both physical and emotional
resulting in her injuries, and had aggravation, exacerbation, precipitation and acceleration of
underlying conditions, suffered extreme mental and emotional anxiety, upset and depression; all
to her damage in a sum of money exceeding the jurisdictional limits of all lower Courts.
AS AND FOR A SIXTH COUNTERCLAIM,
THE DEFENDANTS, CAROL ALEXANDER and PAUL ALEXANDER ALLEGE:
38. The Defendants, CAROL ALEXANDER and PAUL ALEXANDER repeat and
"1" - "37"
reallege every allegation in paragraphs above as if fully set forth herein.
39. That as a result of the careless, reckless and negligent actions of the Plaintiff, their
agents, servants and/or ernployees as heretofore alleged, the Defendant, CAROL ALEXANDER
received severe personal injuries which caused her to suffer grievous pain, agony and mental
anguish from the time she was a
Preview
FILED: F ILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 09/06/2022 0 4 / 2 8 / 2 0 21 10:40 02 : 2 6 AM INDEX INDEX NO. NO. EF21-165 EF21-165 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 21 8 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/28/2021 09/06/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF CORTLAND CCRNC d/b/a Crown Park Rehabilitation and Index No.: EF21-165 Nursing Center, Plaintiff ' -vs- VERIFIED ANSWER AND COUNTERCLAIMS CAROL ALEXANDER and PAUL ALEXANDER, Defendants. The Defendants, CAROL ALEXANDER and PAUL ALEXANDER, by their attorneys, Williamson, Clune & Stevens, answering the Complaint of the Plaintiff herein, allege as follows: 1. Deny knowledge sufficient to form a belief as to each and every allegation contained in the paragraphs of the Plaintiff s Complaint numbered and designated "1", "4", "5", "27" "6", "12", "18", "22", "24", "26", and "28". 2. Deny each and every allegation contained in the paragraphs of the Plaintiff s Complaint numbered and designated "7", "8", "9", "10", "11", "13", "14", "15", "16", "17", "30" "19", "20", "21", "23", "25", "29", and "31". AS AND FOR A FIRST SEPARATE, COMPLETE AND AFFIRMATIVE DEFENSE, THE DEFENDANTS, CAROL ALEXANDER and PAUL ALEXANDER, ALLEGE: 3. That the Plaintiff is guilty of culpable conduct that caused or contributed to the damages alleged in the Plaintiff's Complaint. AS AND FOR A SECOND SEPARATE, COMPLETE AND AFFIRMATIVE DEFENSE, THE DEFENDANTS, CAROL ALEXANDER and PAUL ALEXANDER, ALLEGE: 4. That the Plaintiffs Complaint fails to state a cause of action against the Defendants, CAROL ALEXANDER and PAUL ALEXANDER. * 2022325331 EF21-165 09/06/2022 10:40:55 AM A24" 28 EF21-165 Pages 12 20221 02:26:07PM = 1" EXHIBIT(S) Elizabeth Larkin, County Clerk Ill Illl 1 of 12 FILED: FILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 09/06/2022 0 4 /28 /2021 10:40 02 : 2 6 AM INDEX INDEX NO. NO. EF21-165 EF21-165 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 21 8 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/06/2022 04/28/2021 AS AND FOR A THIRD SEPARATE, COMPLETE AND AFFIRMATIVE DEFENSE, THE DEFENDANTS, CAROL ALEXANDER and PAUL ALEXANDER, ALLEGE: 5. Plaintiff has failed to fulfill Plaintiff's obligations under the Contract and thereby is barred from pursuing any remedy under said contract. AS AND FOR A FOURTH SEPARATE, COMPLETE AND AFFIRMATIVE DEFENSE, THE DEFENDANTS, CAROL ALEXANDER and PAUL ALEXANDER, ALLEGE: 6. That Defendant, PAUL ALEXANDER was not a party to the Contract and thus, the causes of action against PAUL ALEXANDER must fail. AS AND FOR.A FIFTH SEPARATE, COMPLETE AND AFFIRMATIVE DEFENSE, THE DEFENDANTS, CAROL ALEXANDER and PAUL ALEXANDER ALLEGE: 7. The principal purpose of the contract between Plaintiff and Defendant, CAROL ALEXANDER, was for the Plaintiff to provide healthcare services to CAROL ALEXANDER. 8. The Plaintiff's failure to provide adequate healthcare to the Defendant, CAROL ALEXANDER, as required by the contract, rendered the contract valueless to CAROL ALEXANDER, and, thus, the Plaintiff is not entitled to any monies. 9. The Plaintiff's failure to provide adequate healthcare to Defendant, CAROL ALEXANDER, as required by the contract was unforeseeable when the contract was executed, AS AND FOR A SIXTH SEPARATE, COMPLETE AND AFFIRMATIVE DEFENSE, AND FIRST COUNTERCLAIM THE DEFENDANTS, CAROL ALEXANDER and PAUL ALEXANDER ALLEGE: 10. The Plaintiff set forth an express warranty as to the quality of care which Defendant CAROL ALEXANDER would be provided under the contract. 11. The quality of care received by Defendant CAROL ALEXANDER did not conform to the promise of the warranty under the contract. --2- 2 of 12 FILED: F ILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 09/06/2022 0 4 / 2 8 / 2 02 1 10:40 02 : 2 6 AM INDEX INDEX NO. NO. EF21-165 EF21-165 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 21 8 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/06/2022 04/28/2021 12. Due to the Plaintiff's breach of the warranty, the Defendant, CAROL ALEXANDER sustained injuries, and thus, the Plaintiff is not entitled to any monies. AS AND FOR A SEVENTH SEPARATE, COMPLETE AND AFFIRMATIVE DEFENSE, AND SECOND COUNTERCLAIM THE DEFENDANTS, CAROL ALEXANDER and PAUL ALEXANDER ALLEGE: 13. The Contract is a written rental agreement for the premises in which Defendant CAROL ALEXANDER resided. 14. The Plaintiff warranted that the premises rented by Defendant CAROL ALEXANDER used in common with other residents were fit for human habitation for the healthcare purposes reasonably intended by the parties. 15. The Plaintiff also warranted that Defendant CAROL ALEXANDER would not be subjected to any conditions that would be dangerous, hazardous and/or detrimental to her life, health, or safety. 16. Due to the Plaintiff's breach of the above warranties, the Defendant has suffered damages, and thus, the Plaintiff is not entitled to any monies. AS AND FOR AN EIGHTH SEPARATE, COMPLETE AND AFFIRMATIVE DEFENSE, AND THIRD COUNTERCLAIM THE DEFENDANTS, CAROL ALEXANDER and PAUL ALEXANDER ALLEGE: 17. The Plaintiff regularly provides healthcare and rehabilitation services. 18. The Plaintiff held the premises out to be fit for human habitation, 19. The Plaintiff failed to comply with the reasonable expectations to provide competent healthcare to the Defendant, CAROL ALEXANDER, 20. The Plaintiff failed to prevent the Defendant, CAROL ALEXANDER, from being subjected to dangerous and hazardous conditions which were detrimental to her life, health, and safety. -3- 3 of 12 FILED: FILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 09/06/2022 0 4 / 28 / 2021 10:40 02 : 2 6 AM INDEX INDEX NO. NO. EF21-165 EF21-165 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 21 8 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/06/2022 04/28/2021 21. As a result, the Defendant, CAROL ALEXANDER has suffered damages, and thus, the Plaintiff is not entitled to any monies. AS AND FOR A FOURTH COUNTERCLAIM, THE DEFENDANTS, CAROL ALEXANDER and PAUL ALEXANDER ALLEGE: 22. The Defendants, CAROL ALEXANDER and PAUL ALEXANDER repeat and "1"- "21" reallege every allegation in paragraphs above as if fully set forth herein. 23. Upon information and belief, at all times relevant, Plaintiff CCRNC d/b/a Crown Park Rehabilitation and Nursing Center ("Nursing Home") is a domestic limited liability company organized and existing under the Iaws of the State of New York and conducting business at 28 Kellogg Road, Cortland, New York 13045. 24. At all times hereinafter mentioned, Plaintiff owned, operated, managed and controlled a certain facility located at 28 Kellogg Road, Cortland, New York for the treatment of aged, sick and ailing individuals in the County of Cortland, State of New York, and as such held itself out as duly qualified to render proper and adequate medical and diagnostic services to the general public, including the Defendant CAROL ALEXANDER. 25. That from on or about January 31, 2020 through on or about November 22, 2020, the Defendant, Carol Alexander, came under the care and treatment of the Plaintiff as well as their agents, servants and/or employees for diagnosis, treatment and care and to receive services that might be necessary with respect thereto. 26. That from on or about January 31, 2020 through on or about November 22, 2020, the Defendant, CAROL ALEXANDER, remained under the care and treatment of the Plaintiff as well as their agents, servants, and/or employees for diagnosis and treatment and to receive services that might be necessary with respect thereto. ..4- . 4 of 12 FILED: FILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 09/06/2022 0 4 / 2 8 / 2 02 1 10:40 02 : 2 6 AM INDEX INDEX NO. NO. EF21-165 EF21-165 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 21 8 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/06/2022 04/28/2021 27. That Plaintiff, by their agents, servants, and/or employees undertook in the care and treatment of the Defendant, CAROL ALEXANDER to treat and care for the aforementioned defendant in accordance with the standards of care and treatment generally accepted in the community, to utilize their best judgment and to utilize approved methods in general use. 28. During the aforesaid times, while Defendant, CAROL ALEXANDER, was a resident and patient of the Plaintiff, the Plaintiff departed from accepted and proper medical and nursing home practices and standards and were negligent and committed malpractice upon the Defendant, CAROL ALEXANDER in, amongst other departures, causing Defendant's serious injuries by negligently and carelessly failing to take steps to prevent pressure sores; negligently and carelessly failing to track the progression of the Defendant's pressure sores; inadequately evaluating the Defendant for risk for pressure sores; negligently and carelessly failing to treat and care for Defendant in a careful and skillful manner; and to use negligently carelessly failing and utilize approved methods in the general use of care and treatment of Defendant, CAROL ALEXANDER; negligently and carelessly failing to properly diagnose and treat the condition from which Defendant, CAROL ALEXANDER, suffered; negligently and carelessly failing to consider Defendant, CAROL ALEXANDER's complaints and relevant medical history; negligently and carelessly failing to timely call in qualified consultants; and in otherwise failing to act as competent health care providers. 29. AII of the above has occurred without any negligence on the part of the Defendants contributing thereto. 30. As a result of the foregoing, Defendant, CAROL ALEXANDER, suffered severe and serious personal injuries and pain and suffering, both physical and emotional, and had aggravation, exacerbation, precipitation and acceleration of underlying conditions, undergone -5- 5 of 12 FILED: FILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 09/06/2022 0 4 / 2 8 / 2 02 1 10:40 02 : 2 6 AM INDEX INDEX NO. NO. EF21-165 EF21-165 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 21 8 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/06/2022 04/28/2021 surgery and hospitalization, suffered extreme mental and emotional anxiety, upset and depression, all to the Defendant's damage in a sum of money exceeding the monetary jurisdiction of all lower Courts. 31. This action falls within the exceptions to Article 16 of the CPLR. AS AND FOR A FIFTH COUNTERCLAIM, THE DEFENDANTS, CAROL ALEXANDER and PAUL ALEXANDER ALLEGE: 32. The Defendants, CAROL ALEXANDER and PAUL ALEXANDER repeat and "1"- "31" reallege every allegation in paragraphs above as if fully set forth herein. 33. At all times relevant herein and upon information and belief, Plaintiff was careless, reckless and otherwise grossly negligent in the hiring and supervision of its agents, servants and/or employees, in causing, allowing and permitting them to act without meaningful supervision in their official capacity as health care providers, thereby causing the injuries and damages to the Defendant, CAROL ALEXANDER as hereinbefore alleged. 34. At all times relevant herein, upon information and belief, the Plaintiff was on actual notice that its agents, servants and/or employees were trained and skilled to inadequately perform their duties properly and within the standards of practice and conduct for health care practitioners; were unable to perform their obligations and duties as health care providers in a safe and responsible manner; and despite this knowledge, caused, permitted and allowed them to continue in their employment as health care providers, thereby causing the injuries and damages to the Defendant, CAROL ALEXANDER as hereinbefore alleged. 35. At all times relevant herein, upon information and belief, the Plaintiff was on actual notice that an insufficient number of health care practitioners, including doctors, nurses, nurses' and aides, were available, present and on duty, and that the ratio of medical practitioners - 6 - 6 of 12 FILED: F ILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 09/06/2022 0 4 / 2 8 / 2 02 1 10:40 02 : 2 6 AM INDEX INDEX NO. NO. EF21-165 EF21-165 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 21 8 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/06/2022 04/28/2021 to patients was inadequate; and despite this knowledge, caused, permitted and allowed the inadequate conditions to exist. 36. At all times relevant herein and upon information and belief, the Plaintiff was careless, reckless and grossly negligent in the retention of their employees in causing, allowing and permitting to continue in their employment as health care providers, the thereby causing injuries and damages to the Defendant, CAROL ALEXANDER as hereinbefore alleged. 37. As a result of the foregoing, the DEFENDANT, CAROL ALEXANDER has suffered severe and serious personal injuries and pain and suffering, both physical and emotional resulting in her injuries, and had aggravation, exacerbation, precipitation and acceleration of underlying conditions, suffered extreme mental and emotional anxiety, upset and depression; all to her damage in a sum of money exceeding the jurisdictional limits of all lower Courts. AS AND FOR A SIXTH COUNTERCLAIM, THE DEFENDANTS, CAROL ALEXANDER and PAUL ALEXANDER ALLEGE: 38. The Defendants, CAROL ALEXANDER and PAUL ALEXANDER repeat and "1" - "37" reallege every allegation in paragraphs above as if fully set forth herein. 39. That as a result of the careless, reckless and negligent actions of the Plaintiff, their agents, servants and/or ernployees as heretofore alleged, the Defendant, CAROL ALEXANDER received severe personal injuries which caused her to suffer grievous pain, agony and mental anguish from the time she was a