Preview
FILED: QUEENS COUNTY CLERK 04/19/2024 11:02 AM INDEX NO. 708426/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024
SUPREME COURT OF THE STATE OF NEW YORK SUMMONS
COUNTY OF QUEENS
-------------------------------------------------------------------------X Plaintiff(s) designate
ROSALBA ALTAMAR, Queens County as the place
of trial.
Plaintiff
The basis of the venue is
Defendant's place of
-against-
Business
FOREST VIEW NURSING INC. and FOREST Defendant's Place of
HOME,
VIEW CENTER FOR REHABILITATION AND Business:
NURSING,
110*
7120 Street
Forest Hills, New York
Defendants.
11375
_________________________________________________Ç
Index No.:
Date Summons &
Complaint Filed:
To the above named Defendant(s)
You are hereby summoned to answer the complaint in this action, and to serve a copy of your
answer, or if the complaint is not served with this summons, to serve a notice of appearance on the
plaintiffs 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.
Dated: Melville, New York
April 18, 2024
Yours, etc.,
LEITNER VARUGHES WARYWODA PLLC
By:
BRETT R. LEITNER, ESQ.
Attorney(s) for Plaintiff
425 Broadhollow Road, Suite 417
Melville, New York 11747
(631) 240-4390
File No.: 24658(KM)
(See Attached Rider)
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Attached Rider
TO: FOREST VIEW NURSING HOME, INC.,
110d'
7120 STREET
FOREST HILLS, NEW YORK, 11375
FOREST VIEW NURSING HOME, INC.,
(VIA SECRETARY OF STATE)
FOREST VIEW CENTER FOR REHABILITATION AND NURSING
1100'
7120 STREET
FOREST HILLS, NEW YORK, 11375
FOREST VIEW CENTER FOR REHABILITATION AND NURSING
(VIA SECRETARY OF STATE)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
____________________________________________________________Ç
ROSALBA ALTAMAR,
Index No.:
Plaintiff,
-against-
VERIFIED COMPLAINT
FOREST VIEW NURSING HOME, INC. and FOREST
VIEW CEN TER FOR REHABILITAT ION AND
NURSING,
Defendants.
________________________________________________________Ç
Plaintiff, by her attorneys, LEITNER VARUGHESE WARYWODA PLLC,
complaining of the Defendants, upon information and belief respectfully alleges as follows:
AS AND FOR A FIRST CAUSE OF ACTION PURSUANT TO
NEW YORK PUBLIC HEALTH LAW §§2801-d and 2803-c AGAINST DEFENDANTS
1. That at all times hereinafter mentioned, Plaintiff ROSALBA ALTMAR is a
resident of the County of Queens, State of New York.
2. That at all times hereinafter mentioned, Defendant FOREST VIEW
NURSING HOME, INC. was and still is a domestic corporation duly existing under and by virtue of
110d'
the laws of the State of New York, having its principal place of business at 7120 Street, Forest
Hills, New York 11375.
3. That at all times hereinafter mentioned, Defendant FOREST VIEW
CENTER FOR REHABILITATION AND NURSING, was and still is a domestic corporation duly
existing under and by virtue of the laws of the State of New York, having its principal place of
1100'
business at 7120 Street, Forest Hills, New York 11375.
4. That at all times hereinafter mentioned, Defendant FOREST VIEW
NURSING HOME, INC, was and still is a foreign corporation duly existing under and by virtue of
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110th
the laws of the State of New York, having its principal place of business at 7120 Street, Forest
Hills, New York 11375.
5. That at all times hereinafter mentioned, Defendant FOREST VIEW
CENTER FOR REHABILITATION AND NURSING, was and still is a foreign corporation duly
existing under and by virtue of the laws of the State of New York, having its principal place of
1100'
business at 7120 Street, Forest Hills, New York 11375.
6. That this action falls within one or more of the exceptions as set forth in
CPLR Article 16 including, without limitation, CPLR §1602, §l602(1), §1602(2), §1602(3),
§1602(4), §1603(5), §1603(6), §1603(7), §1603(8), §1603(9), §1603(10), §1603(11) and §1603(12)
of the State of New York.
7. That at all times hereinafter mentioned, Defendant FOREST VIEW
110th
NURSING HOME, INC, was authorized to do business as a nursing home at 7120 Street,
Forest Hills, New York 11375.
8. That at all times hereinafter mentioned, Defendant FOREST VIEW
CENTER FOR REHABILITATION AND NURSING, was authorized to do business as a nursing
11001
home at 7120 Street, Forest Hills, New York 11375.
9. That at all times hereinafter mentioned, Defendant FOREST VIEW
1100'
NURSING HOME, INC, owned a nursing home facility located at 7120 Street, Forest Hills,
New York 11375.
10. That at all times hereinafter mentioned, Defendant FOREST VIEW
CENTER FOR REHABILITATION AND NURSING, owned a nursing home facility located at
1100'
7120 Street, Forest Hills, New York 11375.
11. That at all times hereinafter mentioned, Defendant FOREST VIEW
110d'
NURSING HOME, INC, operated a nursing home facility located at 7120 Street, Forest Hills,
New York 11375.
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12. That at all times hereinafter mentioned, Defendant FOREST VIEW
CENTER FOR REHABILITATION AND NURSING, operated a nursing home facility located at
7120 110 Street, Forest Hills, New York 11375.
13. That at all times hereinafter mentioned, Defendant FOREST VIEW
110th
NURSING HOME, INC, was the lessor of a nursing home facility located at 7120 Street,
Forest Hills, New York 11375.
14. That at all times hereinafter mentioned Defendant FOREST VIEW
CENTER FOR REHABILITATION AND NURSING, was the lessor of a nursing home facility
110th
located at 7120 Street, FOreSt Hills, New York 11375.
15. That at all times hereinafter mentioned Defendant FOREST VIEW
110tl'
NURSING HOME, INC, was the lessee of a nursing home facility located at 7120 Street,
Forest Hills, New York 11375.
16. That at all times hereinafter mentioned, Defendant FOREST VIEW
CENTER FOR REHABILITATION AND NURSING, was the lessee of a nursing home facility
110tl'
located at 7120 Street, Forest Hills, New York 11375.
17. That at all times hereinafter mentioned, Defendant THE FOREST VIEW
110tl'
NURSING HOME, INC, maintained a nursing home facility located at 7120 Street, Forest
Hills, New York 11375.
18. That at all times hereinafter mentioned, Defendant FOREST VIEW
CENTER FOR REHABILFFATION AND NURSING, maintained a nursing home facility located
110th
at 7120 Street, Forest Hills, New York 11375.
19. That at all times hereinafter mentioned, Defendant THE FOREST VIEW
110tl'
NURSING HOMF, INC, managed a nursing home facility located at 7120 Street, Forest Hills,
New York 11375.
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20. That at all times hereinafter mentioned, Defendant FOREST VIEW
CENTER FOR. R.EHABILITATION AND NURSING, managed a nursing home facility located at
1100'
7120 Street, Forest Hills, New York 11375.
21. That at all times hereinafter mentioned, Defendant FOREST VIEW
1100'
NURSING HOME, INC, supervised a nursing home facility located at 7120 Street, Forest
Hills, New York 11375.
22. That at all times hereinafter mentioned, Defendant FOREST VIEW
CENTER FOR REHABILITATION AND NURSING, supervised a nursing home facility located
1100'
at 7120 Street, Forest Hills, New York 11375.
23. That at all times hereinafter mentioned, Defendant FOREST VIEW
1100'
NURSING HOME, INC, inspected a nursing home facility located at 7120 Street, Forest Hills,
New York 11375.
24. 'fhat at all times hereinafter mentioned, Defendant FOREST VIEW
CENTER FOR REHABILITATION AND NURSING inspected a nursing home facility located at
110c'
7120 Street, Forest Hills, New York 11375.
25. That at all times hereinafter mentioned, Defendant FOREST VIEW
1100'
NURSING HOME, INC, controlled a nursing home facility located at 7120 Street, Forest Hills,
New York 11375.
26. That at all times hereinafter mentioned, Defendant FOREST VIEW
CENTER FOR REHABILITATION AND NURSING controlled a nursing home facility located at
110d'
7120 Street, Forest Hills, New York 11375.
27. That at all times hereinafter mentioned, Defendant FOREST VIEW
1100'
NURSING HOME, INC, conducted business as an adult care facility at 7120 Street, Forest
Hills, New York 11375, licensed and defined under New York Public Health Law §2801(2).
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28. That at all times hereinafter mentioned, Defendant FOREST VIEW
CENTER FOR REHABILITATION AND NURSING conducted business as an adult care facility
1100' New
at 7120 Street, Forest Hills, New York 11375, licensed and defined under York Public
Health Law §2801(2).
29. That at all times hereinafter mentioned, Defendant FOREST VIEW
1100'
NURSING HOME, INC, had possession and control of the building located at 7120 Street,
Forest Hills, New York 11375.
30. That at all times hereinafter mentioned, Defendant FOREST VIEW
CENTER FOR REHABILITATION AND NURSING had possession and control of the building
located at 7120 110 Street, Forest Hills, New York 11375.
31. That at all times hereinafter mentioned, Defendant FOREST VIEW
NURSING HOME, INC, 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).
32. That at all times hereinafter mentioned, Defendant FOREST VIEW
CENTER FOR REHABILFFATION AND NURSING is a facility providing therein nursing care to
sick, invalid, infinned, disabled, or convalescent persons in addition to lodging and board or health
related services pursuant to New York Public Health Law §2801(2).
33. That at all times hereinafter mentioned Defendant FOREST VIEW
NURSING HOME, INC, is a residential health care facility as defined in New York Public Health
Law §2801(3).
34. That at all times hereinafter mentioned, Defendant FOREST VIEW
CENTER FOR REHABILITATION AND NURSING is a residential health care facility as defined
in New York Public Health Law §2801(3).
35. That at all times hereinafter mentioned, Defendant FOREST VIEW
NURSING HOME, INC, is a residential health care facility within the meaning of New York Public
Health Law §2801-d.
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36. That at all times hereinafter mentioned, Defendant FOREST VIEW
CENTER FOR REHABILUTATION AND NURSING is a residential health care facility within the
meaning of New York Public Health Law §2801-d.
37. That at all times hereinafter mentioned and material hereto, Defendant
FOREST VIEW NURSING HOME, INC's nursing home was a facility subject to the provisions of
New York Public Health Law §2803-c.
38. That at all times hereinafter mentioned and material hereto, Defendant
FOREST VIEW CENTER FOR REHABILITATION AND NURSING's nursing home was a
facility subject to the provisions of New York Public Health Law §2803-c.
39. That at all times hereinafter mentioned and material hereto, Defendant
FOREST VIEW NURSING HOME, INC's nursing home was a facility subject to the rules and
regulations set forth in 42 U.S.C. §1395(i) et seq., and 42 C.F.R. Part 483, Public Health Law Article
28 and New York Code Rules and Regulation, Title 10, Part 415.
40. That at all times hereinafter mentioned and material hereto, Defendant
FOREST VIEW CENTER FOR REHABILITA TION AND NURSING's nursing home was a
facility subject to the rules and regulations set forth in 42 U.S.C. §1395(i) et seq., and 42 C.F.R. Part
483, Public Health Law Article 28 and New York Code Rules and Regulation, Title 10, Part 415.
41. That on or about April 28, 2021 through on or about May 4, 2021, Plaintiff
ROSALBA ALTAMAR was admitted to and was a resident at Defendant FOREST VIEW
NURSING HOME, INC's facility.
42. That on or about April 28, 2021 through on or about May 4, 2021, Plaintiff
ROSALBA ALTAMAR was admitted to and was a resident at Defendant FOREST VIEW
CEN'fER FOR REHABILITATION AND NURSING's facility.
43. That on or about May 4, 2021, Plaintiff ROSALBA ALTAMAR was caused
to fall due to the negligent acts and omissions of Defendant FOREST VIEW NURSING HOME,
INC resulting in severe and permanent personal injuries.
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44. That on or about May 4, 2021, Plaintiff ROSALBA ALTAMAR was caused
to fall due to the negligent acts and omissions of Defendant FOREST VIEW CENTER FOR
REHABILITATION AND NURSING resulting in severe and permanent personal injuries.
45. That at all times mentioned herein, during her residency, Plaintiff
ROSALBA ALTAMAR was under the exclusive care, custody, control and management of at
Defendant FOREST VIEW NURSING HOME, INC.
46. That at all times mentioned herein, during her residency, Plaintiff
ROSALBA ALTAMAR was under the exclusive care, custody, control and management of
Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING
47. That at all times hereinafter mentioned, during Plaintiff ROSALBA
ALTAMAR's stay at Defendant FOREST VIEW NURSING HOME, INC's nursing home, she
sustained falls causing a transverse subtrochanteric left femur fracture, requiring open reduction
surgery with intramedullary rodding, spinal herniations with nerve impingement malnutrition,
dehydration, permanent disfigurement, and other injuries caused by the negligence of Defendant
FOREST VIEW NURSING HOME, INC.and in violation of Defendant FOREST VIEW
NURSING HOME, INC's contract with Plaintiff ROSALBA ALTAMAR, laws, rules, statutes and
ordinances without any negligence on the part of the Plaintiff ROSALBA ALTAMAR.
48. That at all times hereinafter mentioned, during Plaintiff ROSALBA
ALTAMAR;s stay at Defendant FOREST VIEW CENTER FOR REHABILITATION AND
NURSING's nursing home, she sustained falls causing a transverse subtrochanteric left femur
fracture, requiring open reduction surgery with intramedullary rodding, spinal herniations with nerve
impingement malnutrition, dehydration, permanent disfigurement, and other injuries caused by the
negligence of Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING
and in violation of Defendant FOREST VIEW CENTER FOR REHABILITATION AND
NURSING's contract with Plaintiff ROSALBA ALTAMAR, laws, rules, statutes and ordinances
without any negligence on the part of the Plaintiff ROSALBA ALTAMAR.
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49. That at all times hereinafter mentioned, Plaintiff ROSALBA ALTAMAR's
injuries were substantially contributed to by the negligent acts and/or omissions of the Defendants as
well as the violation of the resident's rights pursuant to New York Public Health Law §2801-d and
enumerated in New York Public Health Law §2803-c.
50. That at all times hereinafter mentioned, Defendants had a statutorily
mandated responsibility to provide Plaintiff ROSALBA ALTAMAR's with the rights granted to
nursing home residents by New York Public Health Law §2801-d and enumerated in Public Health
Law §2803-c.
Defendants'
51. That at all times hereinafter mentioned,
Preview
FILED: QUEENS COUNTY CLERK 04/19/2024 11:02 AM INDEX NO. 708426/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 SUPREME COURT OF THE STATE OF NEW YORK SUMMONS COUNTY OF QUEENS -------------------------------------------------------------------------X Plaintiff(s) designate ROSALBA ALTAMAR, Queens County as the place of trial. Plaintiff The basis of the venue is Defendant's place of -against- Business FOREST VIEW NURSING INC. and FOREST Defendant's Place of HOME, VIEW CENTER FOR REHABILITATION AND Business: NURSING, 110* 7120 Street Forest Hills, New York Defendants. 11375 _________________________________________________Ç Index No.: Date Summons & Complaint Filed: To the above named Defendant(s) You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or if the complaint is not served with this summons, to serve a notice of appearance on the plaintiffs 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. Dated: Melville, New York April 18, 2024 Yours, etc., LEITNER VARUGHES WARYWODA PLLC By: BRETT R. LEITNER, ESQ. Attorney(s) for Plaintiff 425 Broadhollow Road, Suite 417 Melville, New York 11747 (631) 240-4390 File No.: 24658(KM) (See Attached Rider) 1 of 20 FILED: QUEENS COUNTY CLERK 04/19/2024 11:02 AM INDEX NO. 708426/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 Attached Rider TO: FOREST VIEW NURSING HOME, INC., 110d' 7120 STREET FOREST HILLS, NEW YORK, 11375 FOREST VIEW NURSING HOME, INC., (VIA SECRETARY OF STATE) FOREST VIEW CENTER FOR REHABILITATION AND NURSING 1100' 7120 STREET FOREST HILLS, NEW YORK, 11375 FOREST VIEW CENTER FOR REHABILITATION AND NURSING (VIA SECRETARY OF STATE) 2 of 20 FILED: QUEENS COUNTY CLERK 04/19/2024 11:02 AM INDEX NO. 708426/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ____________________________________________________________Ç ROSALBA ALTAMAR, Index No.: Plaintiff, -against- VERIFIED COMPLAINT FOREST VIEW NURSING HOME, INC. and FOREST VIEW CEN TER FOR REHABILITAT ION AND NURSING, Defendants. ________________________________________________________Ç Plaintiff, by her attorneys, LEITNER VARUGHESE WARYWODA PLLC, complaining of the Defendants, upon information and belief respectfully alleges as follows: AS AND FOR A FIRST CAUSE OF ACTION PURSUANT TO NEW YORK PUBLIC HEALTH LAW §§2801-d and 2803-c AGAINST DEFENDANTS 1. That at all times hereinafter mentioned, Plaintiff ROSALBA ALTMAR is a resident of the County of Queens, State of New York. 2. That at all times hereinafter mentioned, Defendant FOREST VIEW NURSING HOME, INC. was and still is a domestic corporation duly existing under and by virtue of 110d' the laws of the State of New York, having its principal place of business at 7120 Street, Forest Hills, New York 11375. 3. That at all times hereinafter mentioned, Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING, was and still is a domestic corporation duly existing under and by virtue of the laws of the State of New York, having its principal place of 1100' business at 7120 Street, Forest Hills, New York 11375. 4. That at all times hereinafter mentioned, Defendant FOREST VIEW NURSING HOME, INC, was and still is a foreign corporation duly existing under and by virtue of 3 of 20 FILED: QUEENS COUNTY CLERK 04/19/2024 11:02 AM INDEX NO. 708426/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 110th the laws of the State of New York, having its principal place of business at 7120 Street, Forest Hills, New York 11375. 5. That at all times hereinafter mentioned, Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING, was and still is a foreign corporation duly existing under and by virtue of the laws of the State of New York, having its principal place of 1100' business at 7120 Street, Forest Hills, New York 11375. 6. That this action falls within one or more of the exceptions as set forth in CPLR Article 16 including, without limitation, CPLR §1602, §l602(1), §1602(2), §1602(3), §1602(4), §1603(5), §1603(6), §1603(7), §1603(8), §1603(9), §1603(10), §1603(11) and §1603(12) of the State of New York. 7. That at all times hereinafter mentioned, Defendant FOREST VIEW 110th NURSING HOME, INC, was authorized to do business as a nursing home at 7120 Street, Forest Hills, New York 11375. 8. That at all times hereinafter mentioned, Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING, was authorized to do business as a nursing 11001 home at 7120 Street, Forest Hills, New York 11375. 9. That at all times hereinafter mentioned, Defendant FOREST VIEW 1100' NURSING HOME, INC, owned a nursing home facility located at 7120 Street, Forest Hills, New York 11375. 10. That at all times hereinafter mentioned, Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING, owned a nursing home facility located at 1100' 7120 Street, Forest Hills, New York 11375. 11. That at all times hereinafter mentioned, Defendant FOREST VIEW 110d' NURSING HOME, INC, operated a nursing home facility located at 7120 Street, Forest Hills, New York 11375. 4 of 20 FILED: QUEENS COUNTY CLERK 04/19/2024 11:02 AM INDEX NO. 708426/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 12. That at all times hereinafter mentioned, Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING, operated a nursing home facility located at 7120 110 Street, Forest Hills, New York 11375. 13. That at all times hereinafter mentioned, Defendant FOREST VIEW 110th NURSING HOME, INC, was the lessor of a nursing home facility located at 7120 Street, Forest Hills, New York 11375. 14. That at all times hereinafter mentioned Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING, was the lessor of a nursing home facility 110th located at 7120 Street, FOreSt Hills, New York 11375. 15. That at all times hereinafter mentioned Defendant FOREST VIEW 110tl' NURSING HOME, INC, was the lessee of a nursing home facility located at 7120 Street, Forest Hills, New York 11375. 16. That at all times hereinafter mentioned, Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING, was the lessee of a nursing home facility 110tl' located at 7120 Street, Forest Hills, New York 11375. 17. That at all times hereinafter mentioned, Defendant THE FOREST VIEW 110tl' NURSING HOME, INC, maintained a nursing home facility located at 7120 Street, Forest Hills, New York 11375. 18. That at all times hereinafter mentioned, Defendant FOREST VIEW CENTER FOR REHABILFFATION AND NURSING, maintained a nursing home facility located 110th at 7120 Street, Forest Hills, New York 11375. 19. That at all times hereinafter mentioned, Defendant THE FOREST VIEW 110tl' NURSING HOMF, INC, managed a nursing home facility located at 7120 Street, Forest Hills, New York 11375. 5 of 20 FILED: QUEENS COUNTY CLERK 04/19/2024 11:02 AM INDEX NO. 708426/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 20. That at all times hereinafter mentioned, Defendant FOREST VIEW CENTER FOR. R.EHABILITATION AND NURSING, managed a nursing home facility located at 1100' 7120 Street, Forest Hills, New York 11375. 21. That at all times hereinafter mentioned, Defendant FOREST VIEW 1100' NURSING HOME, INC, supervised a nursing home facility located at 7120 Street, Forest Hills, New York 11375. 22. That at all times hereinafter mentioned, Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING, supervised a nursing home facility located 1100' at 7120 Street, Forest Hills, New York 11375. 23. That at all times hereinafter mentioned, Defendant FOREST VIEW 1100' NURSING HOME, INC, inspected a nursing home facility located at 7120 Street, Forest Hills, New York 11375. 24. 'fhat at all times hereinafter mentioned, Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING inspected a nursing home facility located at 110c' 7120 Street, Forest Hills, New York 11375. 25. That at all times hereinafter mentioned, Defendant FOREST VIEW 1100' NURSING HOME, INC, controlled a nursing home facility located at 7120 Street, Forest Hills, New York 11375. 26. That at all times hereinafter mentioned, Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING controlled a nursing home facility located at 110d' 7120 Street, Forest Hills, New York 11375. 27. That at all times hereinafter mentioned, Defendant FOREST VIEW 1100' NURSING HOME, INC, conducted business as an adult care facility at 7120 Street, Forest Hills, New York 11375, licensed and defined under New York Public Health Law §2801(2). 6 of 20 FILED: QUEENS COUNTY CLERK 04/19/2024 11:02 AM INDEX NO. 708426/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 28. That at all times hereinafter mentioned, Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING conducted business as an adult care facility 1100' New at 7120 Street, Forest Hills, New York 11375, licensed and defined under York Public Health Law §2801(2). 29. That at all times hereinafter mentioned, Defendant FOREST VIEW 1100' NURSING HOME, INC, had possession and control of the building located at 7120 Street, Forest Hills, New York 11375. 30. That at all times hereinafter mentioned, Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING had possession and control of the building located at 7120 110 Street, Forest Hills, New York 11375. 31. That at all times hereinafter mentioned, Defendant FOREST VIEW NURSING HOME, INC, 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). 32. That at all times hereinafter mentioned, Defendant FOREST VIEW CENTER FOR REHABILFFATION AND NURSING is a facility providing therein nursing care to sick, invalid, infinned, disabled, or convalescent persons in addition to lodging and board or health related services pursuant to New York Public Health Law §2801(2). 33. That at all times hereinafter mentioned Defendant FOREST VIEW NURSING HOME, INC, is a residential health care facility as defined in New York Public Health Law §2801(3). 34. That at all times hereinafter mentioned, Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING is a residential health care facility as defined in New York Public Health Law §2801(3). 35. That at all times hereinafter mentioned, Defendant FOREST VIEW NURSING HOME, INC, is a residential health care facility within the meaning of New York Public Health Law §2801-d. 7 of 20 FILED: QUEENS COUNTY CLERK 04/19/2024 11:02 AM INDEX NO. 708426/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 36. That at all times hereinafter mentioned, Defendant FOREST VIEW CENTER FOR REHABILUTATION AND NURSING is a residential health care facility within the meaning of New York Public Health Law §2801-d. 37. That at all times hereinafter mentioned and material hereto, Defendant FOREST VIEW NURSING HOME, INC's nursing home was a facility subject to the provisions of New York Public Health Law §2803-c. 38. That at all times hereinafter mentioned and material hereto, Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING's nursing home was a facility subject to the provisions of New York Public Health Law §2803-c. 39. That at all times hereinafter mentioned and material hereto, Defendant FOREST VIEW NURSING HOME, INC's nursing home was a facility subject to the rules and regulations set forth in 42 U.S.C. §1395(i) et seq., and 42 C.F.R. Part 483, Public Health Law Article 28 and New York Code Rules and Regulation, Title 10, Part 415. 40. That at all times hereinafter mentioned and material hereto, Defendant FOREST VIEW CENTER FOR REHABILITA TION AND NURSING's nursing home was a facility subject to the rules and regulations set forth in 42 U.S.C. §1395(i) et seq., and 42 C.F.R. Part 483, Public Health Law Article 28 and New York Code Rules and Regulation, Title 10, Part 415. 41. That on or about April 28, 2021 through on or about May 4, 2021, Plaintiff ROSALBA ALTAMAR was admitted to and was a resident at Defendant FOREST VIEW NURSING HOME, INC's facility. 42. That on or about April 28, 2021 through on or about May 4, 2021, Plaintiff ROSALBA ALTAMAR was admitted to and was a resident at Defendant FOREST VIEW CEN'fER FOR REHABILITATION AND NURSING's facility. 43. That on or about May 4, 2021, Plaintiff ROSALBA ALTAMAR was caused to fall due to the negligent acts and omissions of Defendant FOREST VIEW NURSING HOME, INC resulting in severe and permanent personal injuries. 8 of 20 FILED: QUEENS COUNTY CLERK 04/19/2024 11:02 AM INDEX NO. 708426/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 44. That on or about May 4, 2021, Plaintiff ROSALBA ALTAMAR was caused to fall due to the negligent acts and omissions of Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING resulting in severe and permanent personal injuries. 45. That at all times mentioned herein, during her residency, Plaintiff ROSALBA ALTAMAR was under the exclusive care, custody, control and management of at Defendant FOREST VIEW NURSING HOME, INC. 46. That at all times mentioned herein, during her residency, Plaintiff ROSALBA ALTAMAR was under the exclusive care, custody, control and management of Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING 47. That at all times hereinafter mentioned, during Plaintiff ROSALBA ALTAMAR's stay at Defendant FOREST VIEW NURSING HOME, INC's nursing home, she sustained falls causing a transverse subtrochanteric left femur fracture, requiring open reduction surgery with intramedullary rodding, spinal herniations with nerve impingement malnutrition, dehydration, permanent disfigurement, and other injuries caused by the negligence of Defendant FOREST VIEW NURSING HOME, INC.and in violation of Defendant FOREST VIEW NURSING HOME, INC's contract with Plaintiff ROSALBA ALTAMAR, laws, rules, statutes and ordinances without any negligence on the part of the Plaintiff ROSALBA ALTAMAR. 48. That at all times hereinafter mentioned, during Plaintiff ROSALBA ALTAMAR;s stay at Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING's nursing home, she sustained falls causing a transverse subtrochanteric left femur fracture, requiring open reduction surgery with intramedullary rodding, spinal herniations with nerve impingement malnutrition, dehydration, permanent disfigurement, and other injuries caused by the negligence of Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING and in violation of Defendant FOREST VIEW CENTER FOR REHABILITATION AND NURSING's contract with Plaintiff ROSALBA ALTAMAR, laws, rules, statutes and ordinances without any negligence on the part of the Plaintiff ROSALBA ALTAMAR. 9 of 20 FILED: QUEENS COUNTY CLERK 04/19/2024 11:02 AM INDEX NO. 708426/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 49. That at all times hereinafter mentioned, Plaintiff ROSALBA ALTAMAR's injuries were substantially contributed to by the negligent acts and/or omissions of the Defendants as well as the violation of the resident's rights pursuant to New York Public Health Law §2801-d and enumerated in New York Public Health Law §2803-c. 50. That at all times hereinafter mentioned, Defendants had a statutorily mandated responsibility to provide Plaintiff ROSALBA ALTAMAR's with the rights granted to nursing home residents by New York Public Health Law §2801-d and enumerated in Public Health Law §2803-c. Defendants' 51. That at all times hereinafter mentioned,