Preview
FILED: ESSEX COUNTY CLERK 12/14/2023 04:08 PM INDEX NO. CV23-0490
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/14/2023
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ESSEX
KATHLEEN KAMMER and PATRICK
LAWRENCE, Individually and as Resident
Representative of Kathleen Kammer,
AFFIDAVIT
Plaintiff,
-against-
Index No. CV23-0490
185 OLD MILITARY ROAD OPERATING
COMPANY, LLC and 185 OLD MILITARY ROAD,
LLC, d/b/a ELDERWOOD OF UIHLEIN AT LAKE
PLACID,
Defendants.
STATE OF NEW YORK )
) SS.:
COUNTY OF ESSEX )
RACHEL TART, being duly sworn, deposes and says:
1. I am the Facility Administrator for DEFENDANTS, who have been incorrectly sued
as 185 OLD MILITARY ROAD OPERATING COMPANY, LLCAND 185 OLD MILITARY
("Defendants"
ROAD, LLC, D/B/A ELDERWOOD OF UIHLEIN AT LAKE PLACID or
"Elderwood") in the above captioned matter. I have held that role since August 2021. As part of
that role, I am responsible for overseeing all operations at Elderwood as a whole, including
overseeing.the Nursing Department.
2. I have been employed by Elderwood for the past five years, and prior to holding
my current position, I was the Assistant Administrator. As such, I am fully familiar with the
facts, circumstances, and proceedings herein.
Defendants'
3. I make this affidavit in further support of motion to dismiss.
Defendants'
4. I have reviewed Mrs. Kammer's Affidavit submitted in opposition to
motion to dismiss.
Error! Unknown document property name.
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FILED: ESSEX COUNTY CLERK 12/14/2023 04:08 PM INDEX NO. CV23-0490
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/14/2023
5. Mrs. Kammer was admitted to the facility in April 2020 in connection with a
stroke she suffered. She later sustained an ankle fracture in November 2020. A copy of relevant
portions of Mrs. Kammer's medical records are attached as an exhibit to Ms. Verone Juliano's
Affirmation.
6. Mrs. Kammer states that she was "evaluated, diagnosed, monitored and treated by
Elderwood"
physicians, nurses and nurse's aides employed by for her right ankle. (Kammer Aff.
¶¶ 10, 14).
7. I have reviewed Mrs. Kammer's certified medical chart from Elderwood and note
that the surgical procedures related to her right ankle were performed by Dr. Bart Szczech, who
is affiliated with Lake Placid Sports Medicine. Dr. Szczech is not employed by or affiliated with
Defendants. In fact, Elderwood does not employ any physicians on staff.
8. Mrs. Kammer's records also show that she was seen by Orthopedics and Sports
Medicine for follow up care and treatment in connection with her right ankle. Elderwood does
not have an Orthopedics or Sports Medicine group, and did not have one at the relevant times.
Therefore, any physicians or providers Mrs. Kammer would have seen from Orthopedics and
Sports Medicine for follow up appointments, evaluations and orthopedic care and treatment in
connection with her right ankle were not employed by with Elderwood.
9. Mrs. Kammer's records show that during the relevant time she was seen by Misty
Willis, Nurse Practitioner. Misty Willis is a Nurse Practitioner employed by Mobile Physicians
Services, PLLC. Misty Willis is not employed by Elderwood.
10. The records therefore show that Mrs. Kammer was never evaluated, diagnosed,
monitored or treated by physicians employed by Elderwood, nor could she, as Elderwood does
not employ any physicians.
Error! Unknown document property name.
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FILED: ESSEX COUNTY CLERK 12/14/2023 04:08 PM INDEX NO. CV23-0490
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/14/2023
11. Mrs. Kammer's records show that the Adirondack Medical Center performed
wound cultures at the time of her surgery in March 2021, and that those cultures came back
negative for infection.
12. Mrs. Kammer's records also show that she had no signs of cellulitis at any time.
13. The operative note and all subsequent medical records state that Mrs. Kammer
underwent the surgery on March 2, 2021 as a result of right hardware irritation and skin
dehiscence.
14. The accompanying affidavit of Elderwood's Director of Nursing, Kimberly
Hamilton, RN will address the clinical aspects of Mrs. Kammer's chart.
Rachel Tart
Sworn to before me this
H ay of December, 2023.
lic - - - ----.
Notary
AMY WINCH
NOTARY PUBUC STATE OF NEW YORK
ESSEX COUNTY
UC. #01WI6221005
COMM. EXP d ·EK, ·stoat,
__
Error! Unknown document property name.
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FILED: ESSEX COUNTY CLERK 12/14/2023 04:08 PM INDEX NO. CV23-0490
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/14/2023
CERTIFICATION OF WORD COUNT
Pursuant to section 202.8-b of the Uniform Civil Rules, I hereby certify that the number of
words in this document, Affidavit of Rachel Tart, excluding the caption and signature block, is
526 words, and the document complies with the word count limit of 4,200. I have relied on the
word count of the word-processing system used to prepare the document.
Dated: Syracuse, New York
December 14, 2023
Christina M. Verone Juliano, Esq.
1
Error! Unknown document property name.
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Preview
FILED: ESSEX COUNTY CLERK 12/14/2023 04:08 PM INDEX NO. CV23-0490 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/14/2023 STATE OF NEW YORK SUPREME COURT : COUNTY OF ESSEX KATHLEEN KAMMER and PATRICK LAWRENCE, Individually and as Resident Representative of Kathleen Kammer, AFFIDAVIT Plaintiff, -against- Index No. CV23-0490 185 OLD MILITARY ROAD OPERATING COMPANY, LLC and 185 OLD MILITARY ROAD, LLC, d/b/a ELDERWOOD OF UIHLEIN AT LAKE PLACID, Defendants. STATE OF NEW YORK ) ) SS.: COUNTY OF ESSEX ) RACHEL TART, being duly sworn, deposes and says: 1. I am the Facility Administrator for DEFENDANTS, who have been incorrectly sued as 185 OLD MILITARY ROAD OPERATING COMPANY, LLCAND 185 OLD MILITARY ("Defendants" ROAD, LLC, D/B/A ELDERWOOD OF UIHLEIN AT LAKE PLACID or "Elderwood") in the above captioned matter. I have held that role since August 2021. As part of that role, I am responsible for overseeing all operations at Elderwood as a whole, including overseeing.the Nursing Department. 2. I have been employed by Elderwood for the past five years, and prior to holding my current position, I was the Assistant Administrator. As such, I am fully familiar with the facts, circumstances, and proceedings herein. Defendants' 3. I make this affidavit in further support of motion to dismiss. Defendants' 4. I have reviewed Mrs. Kammer's Affidavit submitted in opposition to motion to dismiss. Error! Unknown document property name. 1 of 4 FILED: ESSEX COUNTY CLERK 12/14/2023 04:08 PM INDEX NO. CV23-0490 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/14/2023 5. Mrs. Kammer was admitted to the facility in April 2020 in connection with a stroke she suffered. She later sustained an ankle fracture in November 2020. A copy of relevant portions of Mrs. Kammer's medical records are attached as an exhibit to Ms. Verone Juliano's Affirmation. 6. Mrs. Kammer states that she was "evaluated, diagnosed, monitored and treated by Elderwood" physicians, nurses and nurse's aides employed by for her right ankle. (Kammer Aff. ¶¶ 10, 14). 7. I have reviewed Mrs. Kammer's certified medical chart from Elderwood and note that the surgical procedures related to her right ankle were performed by Dr. Bart Szczech, who is affiliated with Lake Placid Sports Medicine. Dr. Szczech is not employed by or affiliated with Defendants. In fact, Elderwood does not employ any physicians on staff. 8. Mrs. Kammer's records also show that she was seen by Orthopedics and Sports Medicine for follow up care and treatment in connection with her right ankle. Elderwood does not have an Orthopedics or Sports Medicine group, and did not have one at the relevant times. Therefore, any physicians or providers Mrs. Kammer would have seen from Orthopedics and Sports Medicine for follow up appointments, evaluations and orthopedic care and treatment in connection with her right ankle were not employed by with Elderwood. 9. Mrs. Kammer's records show that during the relevant time she was seen by Misty Willis, Nurse Practitioner. Misty Willis is a Nurse Practitioner employed by Mobile Physicians Services, PLLC. Misty Willis is not employed by Elderwood. 10. The records therefore show that Mrs. Kammer was never evaluated, diagnosed, monitored or treated by physicians employed by Elderwood, nor could she, as Elderwood does not employ any physicians. Error! Unknown document property name. 2 of 4 FILED: ESSEX COUNTY CLERK 12/14/2023 04:08 PM INDEX NO. CV23-0490 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/14/2023 11. Mrs. Kammer's records show that the Adirondack Medical Center performed wound cultures at the time of her surgery in March 2021, and that those cultures came back negative for infection. 12. Mrs. Kammer's records also show that she had no signs of cellulitis at any time. 13. The operative note and all subsequent medical records state that Mrs. Kammer underwent the surgery on March 2, 2021 as a result of right hardware irritation and skin dehiscence. 14. The accompanying affidavit of Elderwood's Director of Nursing, Kimberly Hamilton, RN will address the clinical aspects of Mrs. Kammer's chart. Rachel Tart Sworn to before me this H ay of December, 2023. lic - - - ----. Notary AMY WINCH NOTARY PUBUC STATE OF NEW YORK ESSEX COUNTY UC. #01WI6221005 COMM. EXP d ·EK, ·stoat, __ Error! Unknown document property name. 3 of 4 FILED: ESSEX COUNTY CLERK 12/14/2023 04:08 PM INDEX NO. CV23-0490 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/14/2023 CERTIFICATION OF WORD COUNT Pursuant to section 202.8-b of the Uniform Civil Rules, I hereby certify that the number of words in this document, Affidavit of Rachel Tart, excluding the caption and signature block, is 526 words, and the document complies with the word count limit of 4,200. I have relied on the word count of the word-processing system used to prepare the document. Dated: Syracuse, New York December 14, 2023 Christina M. Verone Juliano, Esq. 1 Error! Unknown document property name. 4 of 4