Preview
FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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LORRAINE WILLIAMS, as Proposed Administratrix
of the Estate of MARVIN TAYLOR, deceased, Index No.:
Filed:
Plaintiff, SUMMONS
-against- Plaintiff designates
Bronx County as the place of
PELHAM PARKWAY NURSING CARE AND trial.
REHABILITATION FACILITY LLC, MEHMET
AYDIN CETIN, M.D., MICHAEL RAY The basis of venue is
RABINOWITZ, M.D. AND MICHAEL Defendant’s place of business
RABINOWITZ, M.D. P.C. .
Defendant.
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To the above named Defendants:
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(s) within twenty days after the services of this summons exclusive of the
day of service, where service is made by delivery upon you personally within the state, or within
30 days after completion of service where service is made in any other manner. In case of your
failure to appear or answer, judgment will be taken against you by default for the relief demanded
in the complaint.
The relief sought is monetary damages
Upon your failure to appear judgment will be taken against you by default in such a sum
as a jury would find fair, adequate and just.
Dated: Uniondale, New York
April 11, 2024
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TO:
PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC
2401 Laconia Avenue
Bronx, NY 10469
And
c/o Secretary of State
41 State Street
Albany, NY 12231
THE LLC
2401 Laconia Avenue
Bronx, NY 10469
And
c/o Secretary of State
41 State Street
Albany, NY 12231
MEHMET AYDIN CETIN, M.D.,
2426 Eastchester Road, Suite 209
Bronx, NY 10469
And
106 Christie Street
Tenafly, NJ 07670
MICHAEL RAY RABINOWITZ, M.D.
787 Lydig Avenue
Bronx, NY 10462
MICHAEL RABINOWITZ, M.D. P.C.
787 Lydig Avenue
Bronx, NY 10462
And
c/o Secretary of State
41 State Street
Albany, NY 12231
THE CORPORATION
787 Lydig Avenue
Bronx, NY 10462
And
c/o Secretary of State
41 State Street
Albany, NY 12231
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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LORRAINE WILLIAMS, as Proposed Administratrix of
the Estate of MARVIN TAYLOR, deceased,
VERIFIED COMPLAINT
Plaintiff,
Index No.:
-against-
PELHAM PARKWAY NURSING CARE AND
REHABILITATION FACILITY LLC, MEHMET
AYDIN CETIN, M.D., MICHAEL RAY
RABINOWITZ, M.D. AND MICHAEL
RABINOWITZ, M.D. P.C.,
Defendant.
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Plaintiffs, by their attorneys, DUFFY & DUFFY, PLLC, complaining of the defendants,
allege as follows:
GENERAL ALLEGATIONS
1. That on July 20, 2019, plaintiff-decedent, MARVIN TAYLOR, died.
2. That on or about August 24, 2022, petition to appoint LORRAINE WILLIAMS,
as Administratrix of the Estate of MARVIN TAYLOR was submitted to the Surrogate’s Court of
Bronx County. The Surrogate’s Court assigned a file number of 2021-833/B.
3. At all times herein mentioned, defendant, PELHAM PARKWAY NURSING
CARE AND REHABILITATION FACILITY LLC, was and still is a Domestic Business
Corporation duly organized and existing under and by virtue of the laws of the State of New York,
having its principal place of business at 2401 Laconia Avenue, Bronx, NY 10469.
4. At all times herein mentioned, defendant, PELHAM PARKWAY NURSING
CARE AND REHABILITATION FACILITY LLC, was and still is a Domestic Not-for-Profit
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Corporation duly organized and existing under and by virtue of the laws of the State of New York,
having its principal place of business at 2401 Laconia Avenue, Bronx, NY 10469.
5. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC was authorized to do business
as a health care organization at 2401 Laconia Avenue, Bronx, NY 10469.
6. That at all times hereinafter mentioned, the defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC, in operating its facility,
provided nursing home and health care services to its residents, including the plaintiff-decedent,
MARVIN TAYLOR, through its staff, including nurses, nurses’ aides, orderlies, doctors and
physician assistants.
7. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC, owned premises located at
2401 Laconia Avenue, Bronx, NY 10469.
8. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC, operated a residential
healthcare facility at 2401 Laconia Avenue, Bronx, NY 10469.
9. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC, managed a residential
healthcare facility at 2401 Laconia Avenue, Bronx, NY 10469.
10. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC, controlled a residential
healthcare facility at 2401 Laconia Avenue, Bronx, NY 10469.
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11. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC, maintained a residential
healthcare facility at 2401 Laconia Avenue, Bronx, NY 10469.
12. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC, supervised a residential
healthcare facility located at 2401 Laconia Avenue, Bronx, NY 10469.
13. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC, inspected a residential
healthcare facility located at 2401 Laconia Avenue, Bronx, NY 10469.
14. That at all times hereinafter mentioned, defendant PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC, was the lessor of a residential
healthcare facility located at 2401 Laconia Avenue, Bronx, NY 10469.
15. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC , was the lessee of a residential
healthcare facility located at 2401 Laconia Avenue, Bronx, NY 10469.
16. At all times herein mentioned defendant, PELHAM PARKWAY NURSING
CARE AND REHABILITATION FACILITY LLC, represented that it was competent and
capable of treating, supervising and protecting people with various health infirmities, including
the plaintiff-decedent, MARVIN TAYLOR, herein.
17. Upon information and belief, plaintiff-decedent, MARVIN TAYLOR, was
admitted to PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY
LLC, from on or about December 8, 2012, on a continuous course of treatment through on or
about September 18, 2019.
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18. At all times herein mentioned, defendant, MEHMET AYDIN CETIN, M.D., was
a physician duly licensed to practice medicine in the State of New York.
19. At all times herein mentioned, defendant, MEHMET AYDIN CETIN, M.D., was
a partner, and/or shareholder, and/or director, and/or agent, and/or servant, and/or employee of
defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY
LLC, with regard to the medical diagnosis, care and treatment rendered to plaintiff-decedent,
MARVIN TAYLOR.
20. At all times herein mentioned, plaintiff-decedent, MARVIN TAYLOR, was a
patient of defendant, MEHMET AYDIN CETIN, M.D.
21. At all times herein mentioned, plaintiff-decedent, MARVIN TAYLOR, was
assigned to the professional care of the defendant, MEHMET AYDIN CETIN, M.D., for certain
complaints from which he was suffering, and this defendant, her agents, contractors, servants and
employees, took on the responsibility of rendering care, diagnosis, treatment and services to her.
22. At all times herein mentioned, defendant, MEHMET AYDIN CETIN, M.D.,
stood in such a relationship with plaintiff-decedent, MARVIN TAYLOR, as to make her liable
for the acts and omissions of her agents, doctors, physician’s assistants, nurses, nurse practitioners,
staff, contractors, and employees.
23. At all times herein mentioned, plaintiff-decedent, MARVIN TAYLOR, was a
patient of defendant, MICHAEL RAY RABINOWITZ, M.D.
24. At all times herein mentioned, defendant, MICHAEL RAY RABINOWITZ,
M.D., was a physician assistant duly licensed to practice medicine in the State of New York.
25. At all times herein mentioned, defendant, MICHAEL RAY RABINOWITZ,
M.D., was a partner, and/or shareholder, and/or director, and/or agent, and/or servant, and/or
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employee of defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION
FACILITY LLC, with regard to the medical diagnosis, care and treatment rendered to plaintiff-
decedent, MARVIN TAYLOR.
26. At all times herein mentioned, plaintiff-decedent, MARVIN TAYLOR, was
assigned to the professional care of the defendant, MICHAEL RAY RABINOWITZ, M.D, for
certain complaints from which he was suffering, and this defendant, her agents, contractors,
servants and employees, took on the responsibility of rendering care, diagnosis, treatment and
services to her.
27. At all times herein mentioned, defendant, MICHAEL RAY RABINOWITZ,
M.D, stood in such a relationship with plaintiff-decedent, MARVIN TAYLOR, as to make her
liable for the acts and omissions of her agents, doctors, physician’s assistants, nurses, nurse
practitioners, staff, contractors, and employees.
28. At all times herein mentioned, defendant, MICHAEL RABINOWITZ, M.D.
P.C., was a professional corporation, duly organized and existing under and by virtue of the laws
of the State of New York.
29. At all times herein mentioned, defendant, MICHAEL RAY RABINOWITZ,
M.D., was a partner, and/or shareholder, and/or director, and/or agent, and/or servant, and/or
employee of defendant, MICHAEL RABINOWITZ, M.D. P.C., with regard to the medical
diagnosis, care and treatment rendered to plaintiff, MARVIN TAYLOR.
30. At all times herein mentioned, plaintiff, MARVIN TAYLOR, was a patient of
defendant, MICHAEL RABINOWITZ, M.D. P.C.
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31. At all times herein mentioned, defendants, MICHAEL RAY RABINOWITZ
M.D. and MICHAEL RABINOWITZ, M.D. P.C. were agents, servants, and/or employees of
each other with regard to the care and treatment rendered to the plaintiff, MARVIN TAYLOR.
32. At all times herein mentioned, defendants, MEHMET AYDIN CETIN, M.D.,
MICHAEL RAY RABINOWITZ, M.D., MICHAEL RABINOWITZ, M.D. P.C. and
PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC were
agents, servants, and/or employees of each other with regard to the care and treatment rendered to
the plaintiff-decedent, MARVIN TAYLOR.
33. Beginning on or about December 8, 2012, on a continuous course of treatment
through on or about September 18, 2019, plaintiff-decedent, MARVIN TAYLOR, was a patient
of defendants MEHMET AYDIN CETIN, M.D., MICHAEL RAY RABINOWITZ, M.D.,
MICHAEL RABINOWITZ, M.D. P.C., while a resident of PELHAM PARKWAY NURSING
CARE AND REHABILITATION FACILITY LLC under the medical diagnosis, care and
treatment of the aforesaid defendants, their agents, servants and/or employees.
34. That at all times hereinafter mentioned, defendants, MEHMET AYDIN CETIN,
M.D., MICHAEL RAY RABINOWITZ, M.D., MICHAEL RABINOWITZ, M.D. P.C. and
PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC,
stood in such relationship with each other in their care and treatment of plaintiff-decedent,
MARVIN TAYLOR, as to make each liable for the acts and omissions of the other.
35. That no negligence on the part of the plaintiff contributed to the occurrences
referenced above or his injuries.
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36. That at all times hereinafter mentioned, as a result of the foregoing, plaintiff-
decedent, MARVIN TAYLOR, was damaged in a sum which exceeds the jurisdictional
limits of all lower Courts.
AS AND FOR A FIRST CAUSE OF ACTION PURSUANT TO THE NEW YORK
PUBLIC HEALTH LAW SECTIONS 2801-d and 2803-c
37. That at all times hereinafter mentioned, plaintiff repeats, reiterates and realleges
each and every allegation contained in the paragraph of this Complaint herein, as though more
fully set forth herein at length.
38. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC, conducted business as a
residential healthcare facility at 2401 Laconia Avenue, Bronx, NY 10469, as licensed and defined
under New York Public Health Law §2801(2).
39. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC, had possession and control of
the building located at 2401 Laconia Avenue, Bronx, NY 10469.
40. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC, is a facility providing therein
nursing care to sick, invalid, infirmed, disabled, or convalescent persons in addition to lodging and
board or health related services pursuant to New York Public Health Law §2801(2).
41. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC, is a residential health care
facility as defined under New York Public Health Law §2801(3).
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42. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC, is a residential health care
facility within the meaning of New York Public Health Law §2801-d.
43. That at all times hereinafter mentioned and material hereto, defendant, PELHAM
PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC’s residential
healthcare facility was a facility subject to the provisions of New York Public Heath Law §2803-c.
44. At all times herein mentioned defendant, PELHAM PARKWAY NURSING
CARE AND REHABILITATION FACILITY LLC, operated the facility as a residential health
care facility and nursing home subject to the provisions set forth in 42 U.S.C. §1395 et seq.; 42
C.F.R. Part 483 and 10 N.Y.C.R.R Part 415.
45. At all times herein mentioned defendant, PELHAM PARKWAY NURSING
CARE AND REHABILITATION FACILITY LLC, represented that it was competent and
capable of treating, supervising and protecting people with various health infirmities, including
the plaintiff-decedent, MARVIN TAYLOR, herein.
46. Upon information and belief, the plaintiff-decedent, MARVIN TAYLOR, was
admitted to and was a resident at PELHAM PARKWAY NURSING CARE AND
REHABILITATION FACILITY LLC, from on or about December 8, 2012, on a continuous
course of treatment through on or about September 18, 2019.
47. At all times herein mentioned, during her residency, the plaintiff-decedent,
MARVIN TAYLOR was under the exclusive care, custody, control and management of
defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY
LLC, its servants, agents, affiliated physicians, attending physicians, physician’s assistants,
therapists, nurses, aides, attendants, employees and/or personnel.
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48. At all times herein mentioned, it was the duty of defendant, PELHAM
PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC , its servants,
agents, affiliated physicians, attending physicians, physician’s assistants, therapists, nurses, aides,
attendants, and /or employees to order, direct, conduct, provide and/or ensure suitable, sufficient,
adequate and appropriate assessments, directives, protocols and plan of care relative to the testing,
evaluation, examination, treatment, referral and management of residents of said residential health
care facility, including the plaintiff-decedent, MARVIN TAYLOR, herein.
49. At all times herein mentioned, PELHAM PARKWAY NURSING CARE AND
REHABILITATION FACILITY LLC, its servants, agents, affiliated physicians, attending
physicians, physician’s assistants, therapists, nurses, aides, attendants, and /or employees
negligently, willfully and in reckless disregard of the lawful rights of the plaintiff-decedent, failed,
neglected, refused and/or omitted to order, direct advise, perform, render, provide or ensure
suitable, decent, adequate and appropriate nursing care, nutrition, supervision, aid, assistance,
tests, treatments, procedures, protocols, evaluations, consultations, safeguarding, protection from
on or about August 25, 2018, on a continuous course of treatment through on or about September
18, 2019.
50. At all times herein mentioned, during plaintiff-decedent, MARVIN TAYLOR’s,
stay at defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION
FACILITY LLC’s residential healthcare facility, he sustained numerous injuries caused by
defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY
LLC ’s, negligence and deprivation of his rights as a nursing home resident in violation of
defendant’s contract with plaintiff-decedent, MARVIN TAYLOR, laws, rules, statutes and
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ordinances without any negligence on the part of the plaintiff-decedent, MARVIN TAYLOR,
some of which resulted in his death.
51. At all times herein mentioned, defendant, PELHAM PARKWAY NURSING
CARE AND REHABILITATION FACILITY LLC, had statutorily mandated responsibility to
provide plaintiff-decedent, MARVIN TAYLOR, with the rights granted to a residential healthcare
facility resident pursuant to New York Public Health Law §2801-d and enumerated in New York
Public Health Law §2803-c.
52. At all times herein mentioned, defendant, PELHAM PARKWAY NURSING
CARE AND REHABILITATION FACILITY LLC’s, responsibilities and obligations to the
plaintiff-decedent, MARVIN TAYLOR, enumerated in New York Public Health Law §2803-c,
are non-delegable and defendant has direct and/or vicarious liability for violations, deprivations
and infringements of such responsibilities and obligations by any person or entity under
defendant’s control, direct or indirect, including its employees, agents, consultants and
independent contractors, whether in-house or provided by outside entities, individuals, agencies,
pools, or caused by defendant’s policies, whether written or unwritten, or common practices.
53. At all times herein mentioned, defendant, PELHAM PARKWAY NURSING
CARE AND REHABILITATION FACILITY LLC, its employees, agents, consultants and
independent contractors, deprived plaintiff-decedent, MARVIN TAYLOR, of the rights granted
him pursuant to New York Public Health Law §2801-d and enumerated in New York Public Health
Law §2803-C.
54. At all times herein mentioned, the acts and/or omissions committed by employees
and/or agents of the defendant, PELHAM PARKWAY NURSING CARE AND
REHABILITATION FACILITY LLC, occurred and continued throughout the plaintiff-
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decedent, MARVIN TAYLOR’s admission, and were such that supervisors, administrators and
managing agents of defendant should have been aware of them.
55. At all times herein mentioned, as a result of defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC’s deprivation of plaintiff-
decedent’s rights as a residential healthcare facility resident, plaintiff is entitled to recovery of
attorney’s fees pursuant to New York Public Health Law §2801-d(6), punitive damages pursuant
New York Public Health Law §2801-d(2), and costs.
56. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC, owed a duty to residents,
including plaintiff-decedent, MARVIN TAYLOR, to protect its nursing home residents’ rights
pursuant to Public Health Law §2801-d(2) and as enumerated in Public Health Law §2803-c.
57. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC, owed a duty to residents,
including plaintiff-decedent, MARVIN TAYLOR, to hire, retain, train, and supervise employees
and independent contractors, both licensed and unlicensed, so that such employees and
independent contractors delivered care and services to plaintiff-decedent, MARVIN TAYLOR,
in a reasonably safe and beneficial manner.
58. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC, had a statutory obligation to
protect the nursing home residents rights as set forth in Public Health Law §2803-c and to provide
reasonable care under the circumstances.
59. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY
NURSING CARE AND REHABILITATION FACILITY LLC, negligently, willfully and with
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reckless disregard of its residents’ rights, breached their duties owed to the plaintiff-decedent,
MARVIN TAYLOR, by statute and common-law and the breach of such duties caused the
plaintiff-decedent to suffer severe injuries and death.
60. As a result of the foregoing acts and/or omissions, plaintiff-decedent, MARVIN
TAYLOR, was denied his rights under Public Health Law §2803-c and such denial caused injuries
including, conscious pain and suffering, mental anguish, loss of enjoyment of life, loss of dignity
and death on September 18, 2019, due to cardiac arrest.
61. That at all times hereinafter mentioned, as a result of the foregoing acts and/or
omissions, plaintiff-decedent, MARVIN TAYLOR, was subject to defendant’s negligence,
causing plaintiff-decedent, MARVIN TAYLOR, to be forced to undergo medical treatment, incur
medical expenses, disability, pain and suffering, mental anguish, loss of enjoyment of life, loss of
dignity and death.
62. That at all times hereinafter mentioned, as a result of the foregoing, plaintiff-
decedent, MARVIN TAYLOR, was damaged in a sum which exceeds the jurisdictional limits of
all lower Courts.
AS AND FOR A SECOND CAUSE OF ACTION FOR NEGLIGENCE
63. That at all times hereinafter mentioned, plaintiff repeats, reiterates and realleges
each and every allegation contained in the paragraph of this Complaint herein, as though more
fully set forth herein at length.
64. At all times herein mentioned the defendant, its agents, servants and/or employees
were negligent and careless with respect to the care and treatment rendered to the plaintiff-
decedent.
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65. At all times herein mentioned, the above care, treatment and services rendered to
the plaintiff-decedent by the defendant and/or defendant’s servants, agents, contractors, licensees
and/or employees, were rendered carelessly, unskillfully, and negligently.
66. At all times herein mentioned, the defendant and/or defendant’s servants, agents,
contractors, licensees and/or employees negligently failed to use ordinary and reasonable care,
diligence and skills.
67. That the injuries and death suffered by the plaintiff-decedent were caused by the
lack of reasonable care exercised by the defendant, in that the above-mentioned injuries and
occurrence(s), and the results thereof, were caused by the negligence of defendant and/or
defendant’s servants, agents, contractors, licensees and/or employees involved in the ownership,
operation, management, supervision, maintenance and control of the aforesaid health care facility,
and the negligent care and treatment provided to the plaintiff-decedent; in improperly supervising
staff and its residents; and in failing to follow statutory laws, rules, and regulations thereby
resulting in negligence per se and evidence of negligence.
68. That as a consequence thereof, the plaintiff-decedent was seriously injured, and
suffered conscious pain and suffering, and death.
69. By reason of the foregoing, the plaintiff-decedent was caused to suffer and sustain
severe, serious and permanent personal injuries, severe and serious pain and suffering, and mental
anguish; plaintiff has been caused to expend and become obligated to expend and be liable for
sums of money for medical services and related expenses and has thereby been injured and
damaged in a sum which exceeds the jurisdictional limitations of all lower courts.
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AS AND FOR A THIRD CAUSE OF ACTION FOR MEDICAL MALPRACTICE
AGAINST THE DEFENDANT
70. That at all times hereinafter mentioned, plaintiff repeats, reiterates and realleges
each and every allegation contained in the paragraph of this Complaint herein, as though more
fully set forth herein at length.
71. At all times herein mentioned, it was the duty of Defendants, their respective
servants, agents, affiliated physicians, attending physicians, physician’s assistants, therapists,
nurses, aides, attendants, and /or employees to order, direct, conduct, provide and/or ensure
suitable, sufficient, adequate and appropriate assessments, directives, protocols and plan of care
relative to the testing, evaluation, examination, treatment, referral and management of patients of
their respective facilities, including the plaintiff-decedent, MARVIN TAYLOR, herein.
72. At all times herein mentioned, the Defendants and their respective servants, agents,
affiliated physicians, attending physicians, physician’s assistants, therapists, nurses, aides,
attendants, and /or employees failed, neglected, refused and/or omitted to order, direct , advise,
perform, render, provide or ensure suitable, decent, adequate and appropriate medical care, nursing
care, nutrition, supervision, aid, assistance, tests, treatments, procedures, protocols, evaluations,
consultations, safeguarding, protection and services for and to the plaintiff-decedent, MARVIN
TAYLOR.
73. At all times herein mentioned, the Defendants’ responsibilities and obligations to
the plaintiff-decedent, MARVIN TAYLOR are non-delegable and the Defendants have direct
and/or vicarious liability for violations, deprivations and infringements of such responsibilities and
obligations by any person or entity under the Defendants’ direct or indirect, including its
employees, agents, consultants and independent contractors, whether in-house or provided by
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outside entities, individuals, agencies, pools, or caused by defendant’s policies, whether written or
unwritten, or common practices.
74. At all times herein mentioned, the acts and/or omissions committed by employees
and/or agents of the defendants occurred and continued throughout the plaintiff-decedent
MARVIN TAYLOR’s, admissions, and were such that supervisors, administrators and managing
agents of defendants should have been aware of them.
75. That at all times hereinafter mentioned, Defendants owed a duty to plaintiff-
decedent, MARVIN TAYLOR, to hire, retain, train, and supervise employees and independent
contractors, both licensed and unlicensed, including doctors, nurses, nurses’ aides, physicians’
assistants and orderlies, so that such employees and independent contractors delivered care and
services to plaintiff-decedent, MARVIN TAYLOR, in a reasonably safe and beneficial manner.
76. Defendants, their agents, servants, partners and/or employees among other things
were negligent and careless with respect to the care and treatment rendered to the plaintiff, in that
they failed to adequately, appropriately and carefully treat, evaluate and supervise the plaintiff; in
negligently and carelessly failing and neglecting to heed plaintiff-decedent, MARVIN
TAYLOR's condition, in particular, in failing to properly medicate plaintiff-decedent; in
negligently failing to take a proper history and physical examination of plaintiff-decedent,
MARVIN TAYLOR 's medical condition prior to instituting treatment; in failing to heed and/or
otherwise appreciate the significance of signs and symptoms exhibited by plaintiff-decedent,
MARVIN TAYLOR; in carelessly and negligently failing to order appropriate diagnostic tests,
blood work and labs; failing to timely and properly enter orders made by physicians, in carelessly
failing to timely and properly ensure diagnostic tests were performed; in carelessly and negligently
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failing to properly treat plaintiff-decedent’s condition; in negligently departing from accepted
practice and in otherwise being careless and negligent.
77. That at all times hereinafter mentioned, Defendants negligently breached their
duties owed to the plaintiff-decedent, MARVIN TAYLOR, by statute and common-law, and
departed from good and acceptable medical practices, which was the nexus between the
plaintiff’s injuries and subsequent demise.
78. That from on or about December 8, 2012 on a continuous course of treatment
through on or about September 18, 2019, Defendants failed to properly and carefully diagnose,
care for and treat the plaintiff-decedent by, including but not limited to: failing to timely and
properly recognize plaintiff-decedent’s signs and symptoms; failing to properly and timely assess
the plaintiff-decedent; failing to timely and properly address the plaintiff-decedent’s signs and
symptoms; failing to timely and properly create proper and timely care plans; failing to properly
and timely assess the plaintiff-decedent’s risk for cardiac arrest and myocardial infarction; failing
to timely and properly send plaintiff-decedent to a hospital for emergent care; and failing to timely
and properly implement a plan of care for the risk of cardiac arrest and myocardial infarction.
79. By reason of the foregoing, plaintiff-decedent was caused to suffer and sustain
severe and permanent personal injuries; pain and suffering; mental anguish; and plaintiff has been
caused to expend and become obligated to expend and be liable for sums of money for medical
services and related expenses, and have thereby been injured and damaged in a sum which exceeds
the jurisdictional limitations of all lower courts which would otherwise have jurisdiction.
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AS AND FOR A THIRD CAUSE OF ACTION
FOR WRONGFUL DEATH
80. That at all times hereinafter mentioned, plaintiff repeats, reiterates and realleges
each and every allegation contained in the paragraphs of this Complaint herein, as though more
fully set forth herein at length.
81. That by reason of the foregoing, plaintiff-decedent, MARVIN TAYLOR,
sustained severe bodily injury resulting in wrongful death.
82. That as a result of the foregoing, plaintiff-decedent, MARVIN TAYLOR, left
surviving next of kin and distributees.
83. That as a result of the foregoing, plaintiff-decedent, MARVIN TAYLOR’s estate
became liable for and expended money for funeral and other expenses.
84. That as a result of the foregoing, plaintiff-decedent, MARVIN TAYLOR’s estate
and distributees suffered pecuniary damages.
85. That as a result of the foregoing, plaintiff-decedent, MARVIN TAYLOR’s estate
sustained all other damages allowed by law.
86. That as a result of the foregoing, plaintiff-decedent, MARVIN TAYLOR’s
distributees have been damaged by defendant in a sum which exceeds the jurisdictional limits of
all lower Courts.
Dated: Uniondale, New York
April 11, 2024
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ATTORNEY’S VERIFICATION
STATE OF NEW YORK )
: ss :
COUNTY OF NASSAU )
MICHAEL E. DUFFY, an attorney admitted to practice in the courts of the State of New
York states:
I am a member of DUFFY & DUFFY, PLLC, attorneys for the plaintiff in the within
action; I have read the foregoing Complaint and know the contents thereof; the same is true to
my own knowledge, except as to the matters therein stated to be alleged upon information and
belief, and as to those matters I believe them to be true.
The reason this verification is made by me and not by the plaintiff is that the plaintiff
resides outside of the county where your deponent maintains his office for the practice of law.
The grounds of my belief as to all matters not stated upon my own knowledge are as
follows: correspondence and conversations with my clients and a review of the file maintained
by my office in this matter.
I affirm that the foregoing statements are true under the penalty of perjury.
Dated: Uniondale, NY
April 11, 2024
__________________________
MICHAEL E. DUFFY
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Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
LORRAINE WILLIAMS, as Proposed Administratrix of the Estate of MARVIN TAYLOR,
deceased,
Plaintiff,
-against-
PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC,
MEHMET AYDIN CETIN, M.D., MICHAEL RAY RABINOWITZ, M.D. AND MICHAEL
RABINOWITZ, M.D. P.C.
Defendant.
SUMMONS AND COMPLAINT
DUFFY & DUFFY, PLLC
Attorneys for Plaintiff(s)
1370 RXR PLAZA
UNIONDALE, NY 11556
516-394-4200
516-394-4229
To: All Counsel
Attorney(s) for Defendants
Service of a copy of the within is hereby admitted.
Dated:
...............................
Attorney(s) for
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Preview
FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -------------------------------------------------------------------X LORRAINE WILLIAMS, as Proposed Administratrix of the Estate of MARVIN TAYLOR, deceased, Index No.: Filed: Plaintiff, SUMMONS -against- Plaintiff designates Bronx County as the place of PELHAM PARKWAY NURSING CARE AND trial. REHABILITATION FACILITY LLC, MEHMET AYDIN CETIN, M.D., MICHAEL RAY The basis of venue is RABINOWITZ, M.D. AND MICHAEL Defendant’s place of business RABINOWITZ, M.D. P.C. . Defendant. -------------------------------------------------------------------X To the above named Defendants: 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(s) within twenty days after the services of this summons exclusive of the day of service, where service is made by delivery upon you personally within the state, or within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The relief sought is monetary damages Upon your failure to appear judgment will be taken against you by default in such a sum as a jury would find fair, adequate and just. Dated: Uniondale, New York April 11, 2024 1 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 TO: PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC 2401 Laconia Avenue Bronx, NY 10469 And c/o Secretary of State 41 State Street Albany, NY 12231 THE LLC 2401 Laconia Avenue Bronx, NY 10469 And c/o Secretary of State 41 State Street Albany, NY 12231 MEHMET AYDIN CETIN, M.D., 2426 Eastchester Road, Suite 209 Bronx, NY 10469 And 106 Christie Street Tenafly, NJ 07670 MICHAEL RAY RABINOWITZ, M.D. 787 Lydig Avenue Bronx, NY 10462 MICHAEL RABINOWITZ, M.D. P.C. 787 Lydig Avenue Bronx, NY 10462 And c/o Secretary of State 41 State Street Albany, NY 12231 THE CORPORATION 787 Lydig Avenue Bronx, NY 10462 And c/o Secretary of State 41 State Street Albany, NY 12231 2 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 3 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------------------------------------------------------------X LORRAINE WILLIAMS, as Proposed Administratrix of the Estate of MARVIN TAYLOR, deceased, VERIFIED COMPLAINT Plaintiff, Index No.: -against- PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, MEHMET AYDIN CETIN, M.D., MICHAEL RAY RABINOWITZ, M.D. AND MICHAEL RABINOWITZ, M.D. P.C., Defendant. ----------------------------------------------------------------------X Plaintiffs, by their attorneys, DUFFY & DUFFY, PLLC, complaining of the defendants, allege as follows: GENERAL ALLEGATIONS 1. That on July 20, 2019, plaintiff-decedent, MARVIN TAYLOR, died. 2. That on or about August 24, 2022, petition to appoint LORRAINE WILLIAMS, as Administratrix of the Estate of MARVIN TAYLOR was submitted to the Surrogate’s Court of Bronx County. The Surrogate’s Court assigned a file number of 2021-833/B. 3. At all times herein mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, was and still is a Domestic Business Corporation duly organized and existing under and by virtue of the laws of the State of New York, having its principal place of business at 2401 Laconia Avenue, Bronx, NY 10469. 4. At all times herein mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, was and still is a Domestic Not-for-Profit 4 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 Corporation duly organized and existing under and by virtue of the laws of the State of New York, having its principal place of business at 2401 Laconia Avenue, Bronx, NY 10469. 5. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC was authorized to do business as a health care organization at 2401 Laconia Avenue, Bronx, NY 10469. 6. That at all times hereinafter mentioned, the defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, in operating its facility, provided nursing home and health care services to its residents, including the plaintiff-decedent, MARVIN TAYLOR, through its staff, including nurses, nurses’ aides, orderlies, doctors and physician assistants. 7. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, owned premises located at 2401 Laconia Avenue, Bronx, NY 10469. 8. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, operated a residential healthcare facility at 2401 Laconia Avenue, Bronx, NY 10469. 9. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, managed a residential healthcare facility at 2401 Laconia Avenue, Bronx, NY 10469. 10. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, controlled a residential healthcare facility at 2401 Laconia Avenue, Bronx, NY 10469. 5 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 11. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, maintained a residential healthcare facility at 2401 Laconia Avenue, Bronx, NY 10469. 12. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, supervised a residential healthcare facility located at 2401 Laconia Avenue, Bronx, NY 10469. 13. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, inspected a residential healthcare facility located at 2401 Laconia Avenue, Bronx, NY 10469. 14. That at all times hereinafter mentioned, defendant PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, was the lessor of a residential healthcare facility located at 2401 Laconia Avenue, Bronx, NY 10469. 15. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC , was the lessee of a residential healthcare facility located at 2401 Laconia Avenue, Bronx, NY 10469. 16. At all times herein mentioned defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, represented that it was competent and capable of treating, supervising and protecting people with various health infirmities, including the plaintiff-decedent, MARVIN TAYLOR, herein. 17. Upon information and belief, plaintiff-decedent, MARVIN TAYLOR, was admitted to PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, from on or about December 8, 2012, on a continuous course of treatment through on or about September 18, 2019. 6 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 18. At all times herein mentioned, defendant, MEHMET AYDIN CETIN, M.D., was a physician duly licensed to practice medicine in the State of New York. 19. At all times herein mentioned, defendant, MEHMET AYDIN CETIN, M.D., was a partner, and/or shareholder, and/or director, and/or agent, and/or servant, and/or employee of defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, with regard to the medical diagnosis, care and treatment rendered to plaintiff-decedent, MARVIN TAYLOR. 20. At all times herein mentioned, plaintiff-decedent, MARVIN TAYLOR, was a patient of defendant, MEHMET AYDIN CETIN, M.D. 21. At all times herein mentioned, plaintiff-decedent, MARVIN TAYLOR, was assigned to the professional care of the defendant, MEHMET AYDIN CETIN, M.D., for certain complaints from which he was suffering, and this defendant, her agents, contractors, servants and employees, took on the responsibility of rendering care, diagnosis, treatment and services to her. 22. At all times herein mentioned, defendant, MEHMET AYDIN CETIN, M.D., stood in such a relationship with plaintiff-decedent, MARVIN TAYLOR, as to make her liable for the acts and omissions of her agents, doctors, physician’s assistants, nurses, nurse practitioners, staff, contractors, and employees. 23. At all times herein mentioned, plaintiff-decedent, MARVIN TAYLOR, was a patient of defendant, MICHAEL RAY RABINOWITZ, M.D. 24. At all times herein mentioned, defendant, MICHAEL RAY RABINOWITZ, M.D., was a physician assistant duly licensed to practice medicine in the State of New York. 25. At all times herein mentioned, defendant, MICHAEL RAY RABINOWITZ, M.D., was a partner, and/or shareholder, and/or director, and/or agent, and/or servant, and/or 7 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 employee of defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, with regard to the medical diagnosis, care and treatment rendered to plaintiff- decedent, MARVIN TAYLOR. 26. At all times herein mentioned, plaintiff-decedent, MARVIN TAYLOR, was assigned to the professional care of the defendant, MICHAEL RAY RABINOWITZ, M.D, for certain complaints from which he was suffering, and this defendant, her agents, contractors, servants and employees, took on the responsibility of rendering care, diagnosis, treatment and services to her. 27. At all times herein mentioned, defendant, MICHAEL RAY RABINOWITZ, M.D, stood in such a relationship with plaintiff-decedent, MARVIN TAYLOR, as to make her liable for the acts and omissions of her agents, doctors, physician’s assistants, nurses, nurse practitioners, staff, contractors, and employees. 28. At all times herein mentioned, defendant, MICHAEL RABINOWITZ, M.D. P.C., was a professional corporation, duly organized and existing under and by virtue of the laws of the State of New York. 29. At all times herein mentioned, defendant, MICHAEL RAY RABINOWITZ, M.D., was a partner, and/or shareholder, and/or director, and/or agent, and/or servant, and/or employee of defendant, MICHAEL RABINOWITZ, M.D. P.C., with regard to the medical diagnosis, care and treatment rendered to plaintiff, MARVIN TAYLOR. 30. At all times herein mentioned, plaintiff, MARVIN TAYLOR, was a patient of defendant, MICHAEL RABINOWITZ, M.D. P.C. 8 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 31. At all times herein mentioned, defendants, MICHAEL RAY RABINOWITZ M.D. and MICHAEL RABINOWITZ, M.D. P.C. were agents, servants, and/or employees of each other with regard to the care and treatment rendered to the plaintiff, MARVIN TAYLOR. 32. At all times herein mentioned, defendants, MEHMET AYDIN CETIN, M.D., MICHAEL RAY RABINOWITZ, M.D., MICHAEL RABINOWITZ, M.D. P.C. and PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC were agents, servants, and/or employees of each other with regard to the care and treatment rendered to the plaintiff-decedent, MARVIN TAYLOR. 33. Beginning on or about December 8, 2012, on a continuous course of treatment through on or about September 18, 2019, plaintiff-decedent, MARVIN TAYLOR, was a patient of defendants MEHMET AYDIN CETIN, M.D., MICHAEL RAY RABINOWITZ, M.D., MICHAEL RABINOWITZ, M.D. P.C., while a resident of PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC under the medical diagnosis, care and treatment of the aforesaid defendants, their agents, servants and/or employees. 34. That at all times hereinafter mentioned, defendants, MEHMET AYDIN CETIN, M.D., MICHAEL RAY RABINOWITZ, M.D., MICHAEL RABINOWITZ, M.D. P.C. and PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, stood in such relationship with each other in their care and treatment of plaintiff-decedent, MARVIN TAYLOR, as to make each liable for the acts and omissions of the other. 35. That no negligence on the part of the plaintiff contributed to the occurrences referenced above or his injuries. 9 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 36. That at all times hereinafter mentioned, as a result of the foregoing, plaintiff- decedent, MARVIN TAYLOR, was damaged in a sum which exceeds the jurisdictional limits of all lower Courts. AS AND FOR A FIRST CAUSE OF ACTION PURSUANT TO THE NEW YORK PUBLIC HEALTH LAW SECTIONS 2801-d and 2803-c 37. That at all times hereinafter mentioned, plaintiff repeats, reiterates and realleges each and every allegation contained in the paragraph of this Complaint herein, as though more fully set forth herein at length. 38. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, conducted business as a residential healthcare facility at 2401 Laconia Avenue, Bronx, NY 10469, as licensed and defined under New York Public Health Law §2801(2). 39. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, had possession and control of the building located at 2401 Laconia Avenue, Bronx, NY 10469. 40. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, is a facility providing therein nursing care to sick, invalid, infirmed, disabled, or convalescent persons in addition to lodging and board or health related services pursuant to New York Public Health Law §2801(2). 41. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, is a residential health care facility as defined under New York Public Health Law §2801(3). 10 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 42. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, is a residential health care facility within the meaning of New York Public Health Law §2801-d. 43. That at all times hereinafter mentioned and material hereto, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC’s residential healthcare facility was a facility subject to the provisions of New York Public Heath Law §2803-c. 44. At all times herein mentioned defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, operated the facility as a residential health care facility and nursing home subject to the provisions set forth in 42 U.S.C. §1395 et seq.; 42 C.F.R. Part 483 and 10 N.Y.C.R.R Part 415. 45. At all times herein mentioned defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, represented that it was competent and capable of treating, supervising and protecting people with various health infirmities, including the plaintiff-decedent, MARVIN TAYLOR, herein. 46. Upon information and belief, the plaintiff-decedent, MARVIN TAYLOR, was admitted to and was a resident at PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, from on or about December 8, 2012, on a continuous course of treatment through on or about September 18, 2019. 47. At all times herein mentioned, during her residency, the plaintiff-decedent, MARVIN TAYLOR was under the exclusive care, custody, control and management of defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, its servants, agents, affiliated physicians, attending physicians, physician’s assistants, therapists, nurses, aides, attendants, employees and/or personnel. 11 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 48. At all times herein mentioned, it was the duty of defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC , its servants, agents, affiliated physicians, attending physicians, physician’s assistants, therapists, nurses, aides, attendants, and /or employees to order, direct, conduct, provide and/or ensure suitable, sufficient, adequate and appropriate assessments, directives, protocols and plan of care relative to the testing, evaluation, examination, treatment, referral and management of residents of said residential health care facility, including the plaintiff-decedent, MARVIN TAYLOR, herein. 49. At all times herein mentioned, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, its servants, agents, affiliated physicians, attending physicians, physician’s assistants, therapists, nurses, aides, attendants, and /or employees negligently, willfully and in reckless disregard of the lawful rights of the plaintiff-decedent, failed, neglected, refused and/or omitted to order, direct advise, perform, render, provide or ensure suitable, decent, adequate and appropriate nursing care, nutrition, supervision, aid, assistance, tests, treatments, procedures, protocols, evaluations, consultations, safeguarding, protection from on or about August 25, 2018, on a continuous course of treatment through on or about September 18, 2019. 50. At all times herein mentioned, during plaintiff-decedent, MARVIN TAYLOR’s, stay at defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC’s residential healthcare facility, he sustained numerous injuries caused by defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC ’s, negligence and deprivation of his rights as a nursing home resident in violation of defendant’s contract with plaintiff-decedent, MARVIN TAYLOR, laws, rules, statutes and 12 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 ordinances without any negligence on the part of the plaintiff-decedent, MARVIN TAYLOR, some of which resulted in his death. 51. At all times herein mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, had statutorily mandated responsibility to provide plaintiff-decedent, MARVIN TAYLOR, with the rights granted to a residential healthcare facility resident pursuant to New York Public Health Law §2801-d and enumerated in New York Public Health Law §2803-c. 52. At all times herein mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC’s, responsibilities and obligations to the plaintiff-decedent, MARVIN TAYLOR, enumerated in New York Public Health Law §2803-c, are non-delegable and defendant has direct and/or vicarious liability for violations, deprivations and infringements of such responsibilities and obligations by any person or entity under defendant’s control, direct or indirect, including its employees, agents, consultants and independent contractors, whether in-house or provided by outside entities, individuals, agencies, pools, or caused by defendant’s policies, whether written or unwritten, or common practices. 53. At all times herein mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, its employees, agents, consultants and independent contractors, deprived plaintiff-decedent, MARVIN TAYLOR, of the rights granted him pursuant to New York Public Health Law §2801-d and enumerated in New York Public Health Law §2803-C. 54. At all times herein mentioned, the acts and/or omissions committed by employees and/or agents of the defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, occurred and continued throughout the plaintiff- 13 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 decedent, MARVIN TAYLOR’s admission, and were such that supervisors, administrators and managing agents of defendant should have been aware of them. 55. At all times herein mentioned, as a result of defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC’s deprivation of plaintiff- decedent’s rights as a residential healthcare facility resident, plaintiff is entitled to recovery of attorney’s fees pursuant to New York Public Health Law §2801-d(6), punitive damages pursuant New York Public Health Law §2801-d(2), and costs. 56. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, owed a duty to residents, including plaintiff-decedent, MARVIN TAYLOR, to protect its nursing home residents’ rights pursuant to Public Health Law §2801-d(2) and as enumerated in Public Health Law §2803-c. 57. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, owed a duty to residents, including plaintiff-decedent, MARVIN TAYLOR, to hire, retain, train, and supervise employees and independent contractors, both licensed and unlicensed, so that such employees and independent contractors delivered care and services to plaintiff-decedent, MARVIN TAYLOR, in a reasonably safe and beneficial manner. 58. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, had a statutory obligation to protect the nursing home residents rights as set forth in Public Health Law §2803-c and to provide reasonable care under the circumstances. 59. That at all times hereinafter mentioned, defendant, PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, negligently, willfully and with 14 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 reckless disregard of its residents’ rights, breached their duties owed to the plaintiff-decedent, MARVIN TAYLOR, by statute and common-law and the breach of such duties caused the plaintiff-decedent to suffer severe injuries and death. 60. As a result of the foregoing acts and/or omissions, plaintiff-decedent, MARVIN TAYLOR, was denied his rights under Public Health Law §2803-c and such denial caused injuries including, conscious pain and suffering, mental anguish, loss of enjoyment of life, loss of dignity and death on September 18, 2019, due to cardiac arrest. 61. That at all times hereinafter mentioned, as a result of the foregoing acts and/or omissions, plaintiff-decedent, MARVIN TAYLOR, was subject to defendant’s negligence, causing plaintiff-decedent, MARVIN TAYLOR, to be forced to undergo medical treatment, incur medical expenses, disability, pain and suffering, mental anguish, loss of enjoyment of life, loss of dignity and death. 62. That at all times hereinafter mentioned, as a result of the foregoing, plaintiff- decedent, MARVIN TAYLOR, was damaged in a sum which exceeds the jurisdictional limits of all lower Courts. AS AND FOR A SECOND CAUSE OF ACTION FOR NEGLIGENCE 63. That at all times hereinafter mentioned, plaintiff repeats, reiterates and realleges each and every allegation contained in the paragraph of this Complaint herein, as though more fully set forth herein at length. 64. At all times herein mentioned the defendant, its agents, servants and/or employees were negligent and careless with respect to the care and treatment rendered to the plaintiff- decedent. 15 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 65. At all times herein mentioned, the above care, treatment and services rendered to the plaintiff-decedent by the defendant and/or defendant’s servants, agents, contractors, licensees and/or employees, were rendered carelessly, unskillfully, and negligently. 66. At all times herein mentioned, the defendant and/or defendant’s servants, agents, contractors, licensees and/or employees negligently failed to use ordinary and reasonable care, diligence and skills. 67. That the injuries and death suffered by the plaintiff-decedent were caused by the lack of reasonable care exercised by the defendant, in that the above-mentioned injuries and occurrence(s), and the results thereof, were caused by the negligence of defendant and/or defendant’s servants, agents, contractors, licensees and/or employees involved in the ownership, operation, management, supervision, maintenance and control of the aforesaid health care facility, and the negligent care and treatment provided to the plaintiff-decedent; in improperly supervising staff and its residents; and in failing to follow statutory laws, rules, and regulations thereby resulting in negligence per se and evidence of negligence. 68. That as a consequence thereof, the plaintiff-decedent was seriously injured, and suffered conscious pain and suffering, and death. 69. By reason of the foregoing, the plaintiff-decedent was caused to suffer and sustain severe, serious and permanent personal injuries, severe and serious pain and suffering, and mental anguish; plaintiff has been caused to expend and become obligated to expend and be liable for sums of money for medical services and related expenses and has thereby been injured and damaged in a sum which exceeds the jurisdictional limitations of all lower courts. 16 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 AS AND FOR A THIRD CAUSE OF ACTION FOR MEDICAL MALPRACTICE AGAINST THE DEFENDANT 70. That at all times hereinafter mentioned, plaintiff repeats, reiterates and realleges each and every allegation contained in the paragraph of this Complaint herein, as though more fully set forth herein at length. 71. At all times herein mentioned, it was the duty of Defendants, their respective servants, agents, affiliated physicians, attending physicians, physician’s assistants, therapists, nurses, aides, attendants, and /or employees to order, direct, conduct, provide and/or ensure suitable, sufficient, adequate and appropriate assessments, directives, protocols and plan of care relative to the testing, evaluation, examination, treatment, referral and management of patients of their respective facilities, including the plaintiff-decedent, MARVIN TAYLOR, herein. 72. At all times herein mentioned, the Defendants and their respective servants, agents, affiliated physicians, attending physicians, physician’s assistants, therapists, nurses, aides, attendants, and /or employees failed, neglected, refused and/or omitted to order, direct , advise, perform, render, provide or ensure suitable, decent, adequate and appropriate medical care, nursing care, nutrition, supervision, aid, assistance, tests, treatments, procedures, protocols, evaluations, consultations, safeguarding, protection and services for and to the plaintiff-decedent, MARVIN TAYLOR. 73. At all times herein mentioned, the Defendants’ responsibilities and obligations to the plaintiff-decedent, MARVIN TAYLOR are non-delegable and the Defendants have direct and/or vicarious liability for violations, deprivations and infringements of such responsibilities and obligations by any person or entity under the Defendants’ direct or indirect, including its employees, agents, consultants and independent contractors, whether in-house or provided by 17 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 outside entities, individuals, agencies, pools, or caused by defendant’s policies, whether written or unwritten, or common practices. 74. At all times herein mentioned, the acts and/or omissions committed by employees and/or agents of the defendants occurred and continued throughout the plaintiff-decedent MARVIN TAYLOR’s, admissions, and were such that supervisors, administrators and managing agents of defendants should have been aware of them. 75. That at all times hereinafter mentioned, Defendants owed a duty to plaintiff- decedent, MARVIN TAYLOR, to hire, retain, train, and supervise employees and independent contractors, both licensed and unlicensed, including doctors, nurses, nurses’ aides, physicians’ assistants and orderlies, so that such employees and independent contractors delivered care and services to plaintiff-decedent, MARVIN TAYLOR, in a reasonably safe and beneficial manner. 76. Defendants, their agents, servants, partners and/or employees among other things were negligent and careless with respect to the care and treatment rendered to the plaintiff, in that they failed to adequately, appropriately and carefully treat, evaluate and supervise the plaintiff; in negligently and carelessly failing and neglecting to heed plaintiff-decedent, MARVIN TAYLOR's condition, in particular, in failing to properly medicate plaintiff-decedent; in negligently failing to take a proper history and physical examination of plaintiff-decedent, MARVIN TAYLOR 's medical condition prior to instituting treatment; in failing to heed and/or otherwise appreciate the significance of signs and symptoms exhibited by plaintiff-decedent, MARVIN TAYLOR; in carelessly and negligently failing to order appropriate diagnostic tests, blood work and labs; failing to timely and properly enter orders made by physicians, in carelessly failing to timely and properly ensure diagnostic tests were performed; in carelessly and negligently 18 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 failing to properly treat plaintiff-decedent’s condition; in negligently departing from accepted practice and in otherwise being careless and negligent. 77. That at all times hereinafter mentioned, Defendants negligently breached their duties owed to the plaintiff-decedent, MARVIN TAYLOR, by statute and common-law, and departed from good and acceptable medical practices, which was the nexus between the plaintiff’s injuries and subsequent demise. 78. That from on or about December 8, 2012 on a continuous course of treatment through on or about September 18, 2019, Defendants failed to properly and carefully diagnose, care for and treat the plaintiff-decedent by, including but not limited to: failing to timely and properly recognize plaintiff-decedent’s signs and symptoms; failing to properly and timely assess the plaintiff-decedent; failing to timely and properly address the plaintiff-decedent’s signs and symptoms; failing to timely and properly create proper and timely care plans; failing to properly and timely assess the plaintiff-decedent’s risk for cardiac arrest and myocardial infarction; failing to timely and properly send plaintiff-decedent to a hospital for emergent care; and failing to timely and properly implement a plan of care for the risk of cardiac arrest and myocardial infarction. 79. By reason of the foregoing, plaintiff-decedent was caused to suffer and sustain severe and permanent personal injuries; pain and suffering; mental anguish; and plaintiff has been caused to expend and become obligated to expend and be liable for sums of money for medical services and related expenses, and have thereby been injured and damaged in a sum which exceeds the jurisdictional limitations of all lower courts which would otherwise have jurisdiction. 19 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 AS AND FOR A THIRD CAUSE OF ACTION FOR WRONGFUL DEATH 80. That at all times hereinafter mentioned, plaintiff repeats, reiterates and realleges each and every allegation contained in the paragraphs of this Complaint herein, as though more fully set forth herein at length. 81. That by reason of the foregoing, plaintiff-decedent, MARVIN TAYLOR, sustained severe bodily injury resulting in wrongful death. 82. That as a result of the foregoing, plaintiff-decedent, MARVIN TAYLOR, left surviving next of kin and distributees. 83. That as a result of the foregoing, plaintiff-decedent, MARVIN TAYLOR’s estate became liable for and expended money for funeral and other expenses. 84. That as a result of the foregoing, plaintiff-decedent, MARVIN TAYLOR’s estate and distributees suffered pecuniary damages. 85. That as a result of the foregoing, plaintiff-decedent, MARVIN TAYLOR’s estate sustained all other damages allowed by law. 86. That as a result of the foregoing, plaintiff-decedent, MARVIN TAYLOR’s distributees have been damaged by defendant in a sum which exceeds the jurisdictional limits of all lower Courts. Dated: Uniondale, New York April 11, 2024 20 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 ATTORNEY’S VERIFICATION STATE OF NEW YORK ) : ss : COUNTY OF NASSAU ) MICHAEL E. DUFFY, an attorney admitted to practice in the courts of the State of New York states: I am a member of DUFFY & DUFFY, PLLC, attorneys for the plaintiff in the within action; I have read the foregoing Complaint and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe them to be true. The reason this verification is made by me and not by the plaintiff is that the plaintiff resides outside of the county where your deponent maintains his office for the practice of law. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: correspondence and conversations with my clients and a review of the file maintained by my office in this matter. I affirm that the foregoing statements are true under the penalty of perjury. Dated: Uniondale, NY April 11, 2024 __________________________ MICHAEL E. DUFFY 21 of 22 FILED: BRONX COUNTY CLERK 04/11/2024 04:08 PM INDEX NO. 805992/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2024 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX LORRAINE WILLIAMS, as Proposed Administratrix of the Estate of MARVIN TAYLOR, deceased, Plaintiff, -against- PELHAM PARKWAY NURSING CARE AND REHABILITATION FACILITY LLC, MEHMET AYDIN CETIN, M.D., MICHAEL RAY RABINOWITZ, M.D. AND MICHAEL RABINOWITZ, M.D. P.C. Defendant. SUMMONS AND COMPLAINT DUFFY & DUFFY, PLLC Attorneys for Plaintiff(s) 1370 RXR PLAZA UNIONDALE, NY 11556 516-394-4200 516-394-4229 To: All Counsel Attorney(s) for Defendants Service of a copy of the within is hereby admitted. Dated: ............................... Attorney(s) for 22 of 22