Preview
FILED: BRONX
WESTCHESTER COUNTYCOUNTY CLERK 07/06/2020
CLERK 11/06/2020 04:19 PM
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/06/2020
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Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX Filed:
X
KEVIN LYNCH as Admiñ|strator of the Estate of ROSE SUMMONS
BOUKNIGHT,
Plaintiff(s),
Plaintiff designates
BRONX COUNTY
- against -
as the place of trial
MONTEFORE MEDCAL CENTER, GLEN ISLAND
CENTER FOR NURSING AND REHABILITAT0N and Basis of venue is Defendant's
JOPAL BRONX LLC d/b/a WORKMEN'S CIRCLE Place of Business:
MULTCARE CENTER, 111 E 220thStreet
Defendant(s). Bronx, New York 10467
X
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of
appearanceon plaintiffs attomeys within 20 days after service of this summons, exclusive
of the day of service, or within 30 days after service is complete ifthis summons is not
personally delivered to you within the State of New York. In case of your failure to answer,
Judgment will be taken againstyou by default for the relief demanded in the Complaint.
DATED: New York, New York
July 1, 2020
SINEL & OLESEN, PLLC
BY: ELLOT SINEL, ESQ.
Attomeys for Plaintiff s
8th
7 Penn Plaza, FlOOr
New York, New York 10001
(212) 465-1000
TO: MONTEFORE MEDCAL CENTER
c/o Secretary of the State
41 State Street
Albany, NY 12231
MONTEFORE MEDCAL CENTER
111 E 210thStreet
Bronx, New York 10467
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GLEN ISLAND CENTER FOR NURSING AND REHABILITATION
490 Pelham Road
New Rochelle, New York 10805
GLEN ISLAND CENTER FOR NURSING AND REHABILITATION
c/o Secretary of the State
41 State Street
Albany, NY 12231
JOPAL BRONX LLC d/b/a
WORKMEN'S CIRCLE MULTICARE CENTER
3155 Grace Avenue
Bronx, New York 10469
JOPAL BRONX LLC d/b/a WORKMEN'S CIRCLE MULTICARE CENTER
c/o Secretary of the State
41 State Street
Albany, NY 12231
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
_________________________________________-------------------------------X
KEVIN LYNCH as Administrator of the Estate of ROSE
BOUKNIGHT,
Plaintiff(s),
VERIFIED COMPLAINT
- against -
MONTEFIORE MEDICAL CENTER, GLEN ISLAND
CENTER FOR NURSING AND REHABILITATION and
JOPAL BRONX LLC d/b/a WORKMEN'S CIRCLE
MULTICARE CENTER,
Defendant(s).
_________________________________________--------------------------------X
Plaintiff, complaining of the defendants, MONTEFIORE MEDICAL CENTER
(hereinafter "MONTEFIORE"), GLEN ISLAND CENTER FOR NURSING AND
REHABILITATION (hereinafter "GLEN ISLAND") and JOPAL BRONX LLC d/b/a
WORKMEN'S CIRCLE MULTICARE CENTER ("WORKMEN'S CIRCLE"), by his
attorneys, SINEL & OLESEN, PLLC, respectfully states and alleges, upon information
and belief that:
1. This summons and complaint is timely filed pursuant to the Executive Order
No. 202.8 Signed by Governor of the State of New York.
2. At all times mentioned herein, KEVIN LYNCH (hereinafter referred to as
"Plaintiff") was and still is a resident of the County of Westchester, State of New York.
3. At all times mentioned herein, Plaintiff is the son of ROSE BOUKNIGHT
(hereinafter referred to as "Plaintiff's decedent").
4. Plaintiff is the Administratorof the Estate of Plaintiff's decedent, having been
appointed as such pursuant to decree entered by the Honorable Brandon R. Sall on July
24, 2019 in the Surrogate's Court of the State of New York, County of Westchester.
5. This action falls within one or more of the exemptions set forth in CPLR §
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1602.
AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT MONTEFIORE
FOR MEDICAL MALPRACTICE
6. Plaintiff repeats and realleges each and every allegation set forth above with
the same force and effect as ifmore fully set forth at length herein.
7. From on or about October 20, 2017 and continuing through various
admissions until on or about August 26, 2018, Plaintiff's decedent was under the
professional care of defendant MONTEFIORE, its agents, servants, and/or employees.
8. At all times hereinafter mentioned, defendant MONTEFIOE owned,
operated, managed, maintained and controlled a hospital facility known as Montefiore
210th
Hospital (Moses Campus) located at 111 E street, Bronx, New York 10467.
9. Defendant MONTEFIORE, its agents, servants and/or employees, at said
hospital facility, held themselves out as duly qualified and capable of rendering adequate
care and treatment to the public and for such purposes hired doctors, nurses,
pharmacists, physicians, attendants, physical therapists, and other personnel.
10. At all times hereinafter mentioned, Plaintiff's decedent continuously
submitted herself to the care and treatment of the defendant, its agents, servants and/or
employees.
11. Plaintiff's decedent relied upon the advice and care of the defendant
MONTEFIORE, its agents, servants and/or employees, and upon their knowledge, skill
and representations that she would be adequately cared for.
12. Defendant MONTEFIORE, its agents, servants, and/or employees, failed to
employ the skill, care and diligence commonly and ordinarily possessed by, and required
of physicians, nurses, aides and physician's assistants in the community, and failed to
4
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use their best judgment in the care and treatment of the plaintiffs decedent.
13. Defendant MONTEFIORE, its agents, servants and/or employees, failed to
treat and care for Plaintiffs decedent in accordance with the standards of care and
treatment generally accepted in the community; departed from good and accepted
medicine and nursing practice; departed from the standard of care in the medical and
nursing community in the care and treatment of the plaintiffs decedent; and failed to use
approved methods in general use and skill,as well as their best judgment, in the care and
treatment of the plaintiffs decedent.
14. Defendant MONTEFIORE, its agents, servants and/or employees
negligently failed to timely and/or adequately notify Plaintiffs decedent's treating
physician and/or family of injuries or significant changes in Plaintiffs decedent's condition.
15. Defendant, its agents, servants and/or employees negligently assessed
Plaintiffs decedent's needs and failed to adequately plan the care for her condition.
16. Defendant MONTEFIORE, its agents, servants and/or employees
negligently subjected plaintiffs decedent to improper toileting and hygiene practices;
negligently failed to meet Plaintiffs decedent's nutritional and hydration needs; and
negligently failed to heed the signs and warnings of pressure ulcers, skin breakdown, and
infection.
17. The aforesaid occurrences were caused solely and wholly and by the
medical malpractice of defendant MONTEFIORE, its agents, servants and/or employees,
in negligently and carelessly failing to treat and care for Plaintiffs decedent in a careful
and skillful manner; negligently and carelessly failing to treat Plaintiffs decedent in
accordance with good and accepted medical customs, practices and standards;
5
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negligently and carelessly failing to monitor and supervise Plaintiff's decedent in
accordance with good and accepted medical customs, practices and standards;
negligently and carelessly in failing to prevent the development and progression of
pressure ulcers on Plaintiff's decedent's body; negligently and carelessly causing,
permitting and allowing her medical condition to deteriorate and worsen; and negligently
and carelessly failing to treat the condition from which she was then suffering.
18. The foregoing was caused without any negligence on the part of Plaintiff's
decedent contributing thereto.
19. As a result of the foregoing, Plaintiff's decedent was rendered sick and
disabled; suffered severe injuries both internal and external; was caused to be confined
to her bed for a lengthy period of time; suffered from severe pain and mental anguish;
was compelled to seek medical care and attention; and was caused to die on August 26,
2018.
20. By reason of the foregoing negligence on the part of the defendant
MONTEFIORE, the plaintiff has been damaged in an amount that exceeds the jurisdiction
limits of all lower Courts.
AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT MONTEFIORE
FOR NEGLIGENCE
21. Plaintiff repeats and realleges each and every allegation set forth above with
the same force and effect as ifmore fully set forth at length herein.
22. At alltimes mentioned herein, defendant MONTEFIORE, itsagents, servants
and/or employees were careless and negligent in their treatment of Plaintiff's decedent;
in failing to provide the necessary services to and on behalf of the plaintiff's decedent; in
failing to hire efficient and sufficient personnel in connection with the operation,
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management, control, and supervision of said hospital facility; in failing to monitor
Plaintiff's decedent's condition; in failing to adequately train their employees so as to
enable them to properly treat patients, including Plaintiff's decedent; in failing to
promulgate proper and adequate rules, regulations, care plans and supervision to be
provided and rendered by those agents, servants and employees hired to operate,
manage, control, supervise, and run said facility; and in failing to promulgate proper and
adequate rules and regulations governing the proper care, guidance and supervision to
be provided and rendered to Plaintiff's decedent.
23. The aforesaid occurrences were caused solely and wholly and by the
negligence of defendant MONTEFIORE, its agents, servants and employees in,
negligently and carelessly failing to treat and care for Plaintiff's decedent; negligently and
carelessly failing to monitor and supervise Plaintiff's decedent; negligently and carelessly
in failing to prevent the development and progression of pressure ulcers on Plaintiff's
decedent's body; negligently and carelessly causing, permitting and allowing her medical
condition to deteriorate and worsen; and negligently and carelessly failing to treat the
condition from which she was then suffering.
24. The foregoing was caused without any negligence on the part of Plaintiff's
decedent contributing thereto.
25. As a result of the foregoing, Plaintiff's decedent was rendered sick and
disabled; suffered severe injuries both internal and external; was caused to be confined
to her bed for a lengthy period of time; suffered from severe pain and mental anguish;
was compelled to seek medical care and attention; and was caused to die on August 26,
2018.
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26. By reason of the foregoing negligence on the part of the defendant hospital,
the plaintiff has been damaged in an amount that exceeds the jurisdiction limits of all
lower Courts.
AS AND FOR A THIRD CAUSE OF ACTION AGAINST DEFENDANT GLEN ISLAND
PURSUANT TO NEW YORK PUBLIC HEALTH LAW §§2801-D AND 2803-C
27. Plaintiff repeats and realleges each and every allegation set forth above with
the same force and effect as ifmore fully set forth at length herein.
28. At all times hereinafter mentioned, defendant GLEN ISLAND was and still
is a corporation existing under and by virtue of the laws of the State of New York.
29. At all times hereinafter mentioned, GLEN ISLAND owned, operated,
maintained, managed, supervised, and/or controlled a rehabilitation/nursing home facility
known as GLEN ISLAND CENTER FORNURSING AND REHABILITATION located at 490
Pelham Road, New Rochelle, New York 10805.
30. At all times hereinafter mentioned, GLEN ISLAND conducted business as
an adult care facility located at 490 Pelham Road, New Rochelle, New York 10805,
licensed and defined under New York Public Health Law §2801(2).
31. At all times hereinafter mentioned, GLEN ISLAND had possession and
control of the building located at 490 Pelham Road, New Rochelle, New York 10805.
32. At all times hereinafter mentioned, GLEN ISLAND 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).
33. At all times hereinafter mentioned, GLEN ISLAND is a residential health
care facility as defined in New York Public Health Law §2801(3) and within the meaning
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of New York Public Health Law §2801-d.
34. At all times hereinafter mentioned, GLEN ISLAND is a facility subject to the
provisions of New York Public Health Law §2801-C.
35. At all times hereinafter mentioned and material hereto, GLEN ISLAND is 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.
36. From on or about November 21, 2017 and continuing through various
admissions until on or about February 2018, Plaintiff's decedent was admitted to and was
a resident at defendant GLEN ISLAND.
37. At alltimes hereinafter mentioned during her residency, Plaintiffs decedent
was under the exclusive care, custody and control of defendant GLEN ISLAND.
38. At all times hereinafter mentioned, during Plaintiffs decedent's stay at the
defendant's facility, she suffered permanent personal injuries.
39. At all times hereinafter mentioned, Plaintiffs decedent's injuries and pain
and suffering were substantially contributed to by the acts and omissions of the
Defendant(s) GLEN ISLAND, 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 by GLEN ISLAND. At all times hereinafter mentioned, Defendant GLEN
ISLAND's responsibilities and obligations to Plaintiffs decedent, as outlined in Public
Health Law §2803-C, are non-delegable and GLEN ISLAND has direct and vicarious
liability for violations, deprivations and infringements of such responsibilities and
obligations by any person or entity under GLEN ISLAND's control, direct or indirect,
their consultants and independent whether in-
including employees, agents, contractors,
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house or outside entities, individuals, agencies, pools or caused by defendant's policies,
whether written or unwritten, or common practices.
40. At all times hereinafter mentioned, GLEN ISLAND, its employees, agents,
consultants and independent contractors, deprived Plaintiff's decedent of the rights
granted to her pursuant to Public Health Law §2801-D and as enumerated in Public
Health Law §2803-C.
41. This is an action for damages under the Laws of New York State,
specifically, Public Health Law §2801-D, §2803-C, and 10 New York Codes, Rules and
Regulations (NYCCR) §415.12.
42. At all times hereinafter mentioned, the acts and omissions committed by
employees and agents of Defendant(s) were pervasive events that occurred and
continued throughout Plaintiff's decedent's residence and were such that supervisors,
administrators and managing agents of Defendant(s) should have been aware of them.
43. At all times hereinafter mentioned, in addition to the damages suffered by
Defendants'
Plaintiff's decedent as the result of deprivation of her rights as a nursing home
resident, Plaintiff is entitled to recovery of attorney's fees, pursuant to Public Health Law
§2801-d(6), costs, and punitive damages pursuant to Public Health Law §2801-d(2) as
the deprivation of the aforesaid rights and benefits to the plaintiff's decedent were willful
and/or in reckless disregard of the lawful rights of plaintiff's decedent.
44. At all times hereinafter mentioned, as a result of the foregoing acts and
omissions, Plaintiff's decedent was denied rights under Public Health Law §2801-d as
enumerated in Public Health Law §2803-c, and such denial caused injury to Plaintiff's
decedent.
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45. As a result of the foregoing, Plaintiff's decedent was rendered sick and
disabled; suffered severe injuries both internal and external; was caused to be confined
to her bed for a lengthy period of time; suffered from severe pain and mental anguish;
was compelled to seek medical care and attention; and was caused to die August 26,
2018.
46. By reason of the foregoing negligence on the part of the defendant, the
plaintiff has been damaged in an amount that exceeds the jurisdictional limits of all lower
Courts.
AS AND FOR A FOURTH CAUSE OF ACTION AGAINST DEFENDANT GLEN
ISLAND FOR MEDICAL MALPRACTICE
47. Plaintiff repeats, reiterates, and re-alleges each and every allegation set forth
above with the same force and effect as ifmore fully set forth at length herein.
48. At all times during the aforementioned time period herein, Plaintiff's
decedent was admitted to and was a resident at GLEN ISLAND.
49. At all times mentioned herein, Plaintiff's decedent was under the
professional care of Defendant(s), its agents, servants, and/or employees.
50. Defendant(s) GLEN ISLAND, its agents, servants, and employees held
themselves out as duly qualified and capable of rendering adequate care and treatment
to the public and for such purposes hired doctors, nurses, pharmacists, physicians,
attendants, physical therapists, and other personnel.
51. Plaintiff's decedent relied upon the advice and care of Defendant GLEN
ISLAND, its agents, servants, and/or employees and upon their knowledge, skill and
representations that she would be adequately cared for.
52. Plaintiff's decedent continuously submitted herself to the care and treatment
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of Defendant(s), itsagents, servants, and/or employees during the above pled time period.
53. The care and treatment rendered by GLEN ISLAND, its agents, servants,
and/or employees was improper, negligent, and given in a careless manner.
54. Defendant GLEN ISLAND, its agents, servants, and/or employees failed to
employ the skill, care and diligence commonly and ordinarily possessed by, and required
of physicians, nurses, aides, and physician's assistants in the community, and failed to
use their best judgment in the care and treatment of Plaintiff's decedent.
55. Defendant GLEN ISLAND, its agents, servants and/or employees, failed to
treat and care for Plaintiff's decedent in accordance with the standards of care and
treatment generally accepted in the medical community; departed from good and
accepted medicine and nursing practice; departed from the standard of care in the
medical and nursing community in the care and treatment of the plaintiff's decedent in
failing to prevent pressure ulcers; and failed to use approved methods in general use and
skill, and their best judgment in the care and treatment of the plaintiff's decedent.
56. The aforesaid occurrences were caused solely and wholly by the medical
malpractice of Defendant GLEN ISLAND, its agents, servants, and/or employees in
negligently and carelessly failing to treat and care for Plaintiff's decedent in a careful and
skillful manner; negligently and carelessly failing to monitor and supervise Plaintiff's
decedent in accordance with good and accepted medical customs, practices and
standards; negligently and carelessly causing, permitting and allowing her medical
condition to deteriorate and worsen; and negligently and carelessly failing to treat the
condition from which Plaintiff's decedent was then suffering.
57. The foregoing was caused without any negligence on the part of Plaintiff's
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decedent contributing thereto.
58. As a result of the foregoing, Plaintiff's decedent was rendered sick and
disabled; suffered severe injuries both internal and external; was caused to be confined
to her bed for a lengthy period of time; suffered from severe pain and mental anguish;
and was compelled to seek medical care and attention; and was caused to die on August
26, 2018.
59. By reason of the foregoing negligence on the part of the Defendant(s), the
plaintiff has been damaged in an amount that exceeds the jurisdictional limits of all lower
Courts.
AND AS FOR A FIFTH CAUSE OF ACTION AGAINST DEFENDANT GLEN ISLAND
FOR NEGLIGENCE
60. Plaintiff repeats and realleges each and every allegation set forth above with
the same force and effect as ifmore fully set forth at length herein.
61. At all times hereinafter mentioned, GLEN ISLAND held itself out as duly
qualified and capable of rendering adequate care and treatment to the public and for such
purposes hired doctors, nurses, residents, attendants, physical therapists, and other
personnel.
62. At all times hereinafter mentioned, Plaintiff's decedent relied upon the
advice and care of GLEN ISLAND, its agents, servants and employees, and upon their
knowledge, skill and representations that she would be adequately cared for.
63. At all times hereinafter mentioned, Plaintiff's decedent continuously
submitted herself to the care and tre
Preview
FILED: BRONX WESTCHESTER COUNTYCOUNTY CLERK 07/06/2020 CLERK 11/06/2020 04:19 PM 03:56 PM INDEX INDEXNO. NO.26889/2020E 64205/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/06/2020 11/06/2020 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Filed: X KEVIN LYNCH as Admiñ|strator of the Estate of ROSE SUMMONS BOUKNIGHT, Plaintiff(s), Plaintiff designates BRONX COUNTY - against - as the place of trial MONTEFORE MEDCAL CENTER, GLEN ISLAND CENTER FOR NURSING AND REHABILITAT0N and Basis of venue is Defendant's JOPAL BRONX LLC d/b/a WORKMEN'S CIRCLE Place of Business: MULTCARE CENTER, 111 E 220thStreet Defendant(s). Bronx, New York 10467 X TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of appearanceon plaintiffs attomeys within 20 days after service of this summons, exclusive of the day of service, or within 30 days after service is complete ifthis summons is not personally delivered to you within the State of New York. In case of your failure to answer, Judgment will be taken againstyou by default for the relief demanded in the Complaint. DATED: New York, New York July 1, 2020 SINEL & OLESEN, PLLC BY: ELLOT SINEL, ESQ. Attomeys for Plaintiff s 8th 7 Penn Plaza, FlOOr New York, New York 10001 (212) 465-1000 TO: MONTEFORE MEDCAL CENTER c/o Secretary of the State 41 State Street Albany, NY 12231 MONTEFORE MEDCAL CENTER 111 E 210thStreet Bronx, New York 10467 1 1 of 25 FILED: BRONX WESTCHESTER COUNTYCOUNTY CLERK 07/06/2020 CLERK 11/06/2020 04:19 PM 03:56 PM INDEX INDEXNO. NO.26889/2020E 64205/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/06/2020 11/06/2020 GLEN ISLAND CENTER FOR NURSING AND REHABILITATION 490 Pelham Road New Rochelle, New York 10805 GLEN ISLAND CENTER FOR NURSING AND REHABILITATION c/o Secretary of the State 41 State Street Albany, NY 12231 JOPAL BRONX LLC d/b/a WORKMEN'S CIRCLE MULTICARE CENTER 3155 Grace Avenue Bronx, New York 10469 JOPAL BRONX LLC d/b/a WORKMEN'S CIRCLE MULTICARE CENTER c/o Secretary of the State 41 State Street Albany, NY 12231 2 2 of 25 FILED: BRONX WESTCHESTER COUNTYCOUNTY CLERK 07/06/2020 CLERK 11/06/2020 04:19 PM 03:56 PM INDEX INDEXNO. NO.26889/2020E 64205/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/06/2020 11/06/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _________________________________________-------------------------------X KEVIN LYNCH as Administrator of the Estate of ROSE BOUKNIGHT, Plaintiff(s), VERIFIED COMPLAINT - against - MONTEFIORE MEDICAL CENTER, GLEN ISLAND CENTER FOR NURSING AND REHABILITATION and JOPAL BRONX LLC d/b/a WORKMEN'S CIRCLE MULTICARE CENTER, Defendant(s). _________________________________________--------------------------------X Plaintiff, complaining of the defendants, MONTEFIORE MEDICAL CENTER (hereinafter "MONTEFIORE"), GLEN ISLAND CENTER FOR NURSING AND REHABILITATION (hereinafter "GLEN ISLAND") and JOPAL BRONX LLC d/b/a WORKMEN'S CIRCLE MULTICARE CENTER ("WORKMEN'S CIRCLE"), by his attorneys, SINEL & OLESEN, PLLC, respectfully states and alleges, upon information and belief that: 1. This summons and complaint is timely filed pursuant to the Executive Order No. 202.8 Signed by Governor of the State of New York. 2. At all times mentioned herein, KEVIN LYNCH (hereinafter referred to as "Plaintiff") was and still is a resident of the County of Westchester, State of New York. 3. At all times mentioned herein, Plaintiff is the son of ROSE BOUKNIGHT (hereinafter referred to as "Plaintiff's decedent"). 4. Plaintiff is the Administratorof the Estate of Plaintiff's decedent, having been appointed as such pursuant to decree entered by the Honorable Brandon R. Sall on July 24, 2019 in the Surrogate's Court of the State of New York, County of Westchester. 5. This action falls within one or more of the exemptions set forth in CPLR § 3 3 of 25 FILED: BRONX WESTCHESTER COUNTYCOUNTY CLERK 07/06/2020 CLERK 11/06/2020 04:19 PM 03:56 PM INDEX INDEXNO. NO.26889/2020E 64205/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/06/2020 11/06/2020 1602. AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT MONTEFIORE FOR MEDICAL MALPRACTICE 6. Plaintiff repeats and realleges each and every allegation set forth above with the same force and effect as ifmore fully set forth at length herein. 7. From on or about October 20, 2017 and continuing through various admissions until on or about August 26, 2018, Plaintiff's decedent was under the professional care of defendant MONTEFIORE, its agents, servants, and/or employees. 8. At all times hereinafter mentioned, defendant MONTEFIOE owned, operated, managed, maintained and controlled a hospital facility known as Montefiore 210th Hospital (Moses Campus) located at 111 E street, Bronx, New York 10467. 9. Defendant MONTEFIORE, its agents, servants and/or employees, at said hospital facility, held themselves out as duly qualified and capable of rendering adequate care and treatment to the public and for such purposes hired doctors, nurses, pharmacists, physicians, attendants, physical therapists, and other personnel. 10. At all times hereinafter mentioned, Plaintiff's decedent continuously submitted herself to the care and treatment of the defendant, its agents, servants and/or employees. 11. Plaintiff's decedent relied upon the advice and care of the defendant MONTEFIORE, its agents, servants and/or employees, and upon their knowledge, skill and representations that she would be adequately cared for. 12. Defendant MONTEFIORE, its agents, servants, and/or employees, failed to employ the skill, care and diligence commonly and ordinarily possessed by, and required of physicians, nurses, aides and physician's assistants in the community, and failed to 4 4 of 25 FILED: BRONX WESTCHESTER COUNTYCOUNTY CLERK 07/06/2020 CLERK 11/06/2020 04:19 PM 03:56 PM INDEX INDEXNO. NO.26889/2020E 64205/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/06/2020 11/06/2020 use their best judgment in the care and treatment of the plaintiffs decedent. 13. Defendant MONTEFIORE, its agents, servants and/or employees, failed to treat and care for Plaintiffs decedent in accordance with the standards of care and treatment generally accepted in the community; departed from good and accepted medicine and nursing practice; departed from the standard of care in the medical and nursing community in the care and treatment of the plaintiffs decedent; and failed to use approved methods in general use and skill,as well as their best judgment, in the care and treatment of the plaintiffs decedent. 14. Defendant MONTEFIORE, its agents, servants and/or employees negligently failed to timely and/or adequately notify Plaintiffs decedent's treating physician and/or family of injuries or significant changes in Plaintiffs decedent's condition. 15. Defendant, its agents, servants and/or employees negligently assessed Plaintiffs decedent's needs and failed to adequately plan the care for her condition. 16. Defendant MONTEFIORE, its agents, servants and/or employees negligently subjected plaintiffs decedent to improper toileting and hygiene practices; negligently failed to meet Plaintiffs decedent's nutritional and hydration needs; and negligently failed to heed the signs and warnings of pressure ulcers, skin breakdown, and infection. 17. The aforesaid occurrences were caused solely and wholly and by the medical malpractice of defendant MONTEFIORE, its agents, servants and/or employees, in negligently and carelessly failing to treat and care for Plaintiffs decedent in a careful and skillful manner; negligently and carelessly failing to treat Plaintiffs decedent in accordance with good and accepted medical customs, practices and standards; 5 5 of 25 FILED: BRONX WESTCHESTER COUNTYCOUNTY CLERK 07/06/2020 CLERK 11/06/2020 04:19 PM 03:56 PM INDEX INDEXNO. NO.26889/2020E 64205/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/06/2020 11/06/2020 negligently and carelessly failing to monitor and supervise Plaintiff's decedent in accordance with good and accepted medical customs, practices and standards; negligently and carelessly in failing to prevent the development and progression of pressure ulcers on Plaintiff's decedent's body; negligently and carelessly causing, permitting and allowing her medical condition to deteriorate and worsen; and negligently and carelessly failing to treat the condition from which she was then suffering. 18. The foregoing was caused without any negligence on the part of Plaintiff's decedent contributing thereto. 19. As a result of the foregoing, Plaintiff's decedent was rendered sick and disabled; suffered severe injuries both internal and external; was caused to be confined to her bed for a lengthy period of time; suffered from severe pain and mental anguish; was compelled to seek medical care and attention; and was caused to die on August 26, 2018. 20. By reason of the foregoing negligence on the part of the defendant MONTEFIORE, the plaintiff has been damaged in an amount that exceeds the jurisdiction limits of all lower Courts. AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT MONTEFIORE FOR NEGLIGENCE 21. Plaintiff repeats and realleges each and every allegation set forth above with the same force and effect as ifmore fully set forth at length herein. 22. At alltimes mentioned herein, defendant MONTEFIORE, itsagents, servants and/or employees were careless and negligent in their treatment of Plaintiff's decedent; in failing to provide the necessary services to and on behalf of the plaintiff's decedent; in failing to hire efficient and sufficient personnel in connection with the operation, 6 6 of 25 FILED: BRONX WESTCHESTER COUNTYCOUNTY CLERK 07/06/2020 CLERK 11/06/2020 04:19 PM 03:56 PM INDEX INDEXNO. NO.26889/2020E 64205/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/06/2020 11/06/2020 management, control, and supervision of said hospital facility; in failing to monitor Plaintiff's decedent's condition; in failing to adequately train their employees so as to enable them to properly treat patients, including Plaintiff's decedent; in failing to promulgate proper and adequate rules, regulations, care plans and supervision to be provided and rendered by those agents, servants and employees hired to operate, manage, control, supervise, and run said facility; and in failing to promulgate proper and adequate rules and regulations governing the proper care, guidance and supervision to be provided and rendered to Plaintiff's decedent. 23. The aforesaid occurrences were caused solely and wholly and by the negligence of defendant MONTEFIORE, its agents, servants and employees in, negligently and carelessly failing to treat and care for Plaintiff's decedent; negligently and carelessly failing to monitor and supervise Plaintiff's decedent; negligently and carelessly in failing to prevent the development and progression of pressure ulcers on Plaintiff's decedent's body; negligently and carelessly causing, permitting and allowing her medical condition to deteriorate and worsen; and negligently and carelessly failing to treat the condition from which she was then suffering. 24. The foregoing was caused without any negligence on the part of Plaintiff's decedent contributing thereto. 25. As a result of the foregoing, Plaintiff's decedent was rendered sick and disabled; suffered severe injuries both internal and external; was caused to be confined to her bed for a lengthy period of time; suffered from severe pain and mental anguish; was compelled to seek medical care and attention; and was caused to die on August 26, 2018. 7 7 of 25 FILED: BRONX WESTCHESTER COUNTYCOUNTY CLERK 07/06/2020 CLERK 11/06/2020 04:19 PM 03:56 PM INDEX INDEXNO. NO.26889/2020E 64205/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/06/2020 11/06/2020 26. By reason of the foregoing negligence on the part of the defendant hospital, the plaintiff has been damaged in an amount that exceeds the jurisdiction limits of all lower Courts. AS AND FOR A THIRD CAUSE OF ACTION AGAINST DEFENDANT GLEN ISLAND PURSUANT TO NEW YORK PUBLIC HEALTH LAW §§2801-D AND 2803-C 27. Plaintiff repeats and realleges each and every allegation set forth above with the same force and effect as ifmore fully set forth at length herein. 28. At all times hereinafter mentioned, defendant GLEN ISLAND was and still is a corporation existing under and by virtue of the laws of the State of New York. 29. At all times hereinafter mentioned, GLEN ISLAND owned, operated, maintained, managed, supervised, and/or controlled a rehabilitation/nursing home facility known as GLEN ISLAND CENTER FORNURSING AND REHABILITATION located at 490 Pelham Road, New Rochelle, New York 10805. 30. At all times hereinafter mentioned, GLEN ISLAND conducted business as an adult care facility located at 490 Pelham Road, New Rochelle, New York 10805, licensed and defined under New York Public Health Law §2801(2). 31. At all times hereinafter mentioned, GLEN ISLAND had possession and control of the building located at 490 Pelham Road, New Rochelle, New York 10805. 32. At all times hereinafter mentioned, GLEN ISLAND 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). 33. At all times hereinafter mentioned, GLEN ISLAND is a residential health care facility as defined in New York Public Health Law §2801(3) and within the meaning 8 8 of 25 FILED: BRONX WESTCHESTER COUNTYCOUNTY CLERK 07/06/2020 CLERK 11/06/2020 04:19 PM 03:56 PM INDEX INDEXNO. NO.26889/2020E 64205/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/06/2020 11/06/2020 of New York Public Health Law §2801-d. 34. At all times hereinafter mentioned, GLEN ISLAND is a facility subject to the provisions of New York Public Health Law §2801-C. 35. At all times hereinafter mentioned and material hereto, GLEN ISLAND is 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. 36. From on or about November 21, 2017 and continuing through various admissions until on or about February 2018, Plaintiff's decedent was admitted to and was a resident at defendant GLEN ISLAND. 37. At alltimes hereinafter mentioned during her residency, Plaintiffs decedent was under the exclusive care, custody and control of defendant GLEN ISLAND. 38. At all times hereinafter mentioned, during Plaintiffs decedent's stay at the defendant's facility, she suffered permanent personal injuries. 39. At all times hereinafter mentioned, Plaintiffs decedent's injuries and pain and suffering were substantially contributed to by the acts and omissions of the Defendant(s) GLEN ISLAND, 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 by GLEN ISLAND. At all times hereinafter mentioned, Defendant GLEN ISLAND's responsibilities and obligations to Plaintiffs decedent, as outlined in Public Health Law §2803-C, are non-delegable and GLEN ISLAND has direct and vicarious liability for violations, deprivations and infringements of such responsibilities and obligations by any person or entity under GLEN ISLAND's control, direct or indirect, their consultants and independent whether in- including employees, agents, contractors, 9 9 of 25 FILED: BRONX WESTCHESTER COUNTYCOUNTY CLERK 07/06/2020 CLERK 11/06/2020 04:19 PM 03:56 PM INDEX INDEXNO. NO.26889/2020E 64205/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/06/2020 11/06/2020 house or outside entities, individuals, agencies, pools or caused by defendant's policies, whether written or unwritten, or common practices. 40. At all times hereinafter mentioned, GLEN ISLAND, its employees, agents, consultants and independent contractors, deprived Plaintiff's decedent of the rights granted to her pursuant to Public Health Law §2801-D and as enumerated in Public Health Law §2803-C. 41. This is an action for damages under the Laws of New York State, specifically, Public Health Law §2801-D, §2803-C, and 10 New York Codes, Rules and Regulations (NYCCR) §415.12. 42. At all times hereinafter mentioned, the acts and omissions committed by employees and agents of Defendant(s) were pervasive events that occurred and continued throughout Plaintiff's decedent's residence and were such that supervisors, administrators and managing agents of Defendant(s) should have been aware of them. 43. At all times hereinafter mentioned, in addition to the damages suffered by Defendants' Plaintiff's decedent as the result of deprivation of her rights as a nursing home resident, Plaintiff is entitled to recovery of attorney's fees, pursuant to Public Health Law §2801-d(6), costs, and punitive damages pursuant to Public Health Law §2801-d(2) as the deprivation of the aforesaid rights and benefits to the plaintiff's decedent were willful and/or in reckless disregard of the lawful rights of plaintiff's decedent. 44. At all times hereinafter mentioned, as a result of the foregoing acts and omissions, Plaintiff's decedent was denied rights under Public Health Law §2801-d as enumerated in Public Health Law §2803-c, and such denial caused injury to Plaintiff's decedent. 10 10 of 25 FILED: BRONX WESTCHESTER COUNTYCOUNTY CLERK 07/06/2020 CLERK 11/06/2020 04:19 PM 03:56 PM INDEX INDEXNO. NO.26889/2020E 64205/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/06/2020 11/06/2020 45. As a result of the foregoing, Plaintiff's decedent was rendered sick and disabled; suffered severe injuries both internal and external; was caused to be confined to her bed for a lengthy period of time; suffered from severe pain and mental anguish; was compelled to seek medical care and attention; and was caused to die August 26, 2018. 46. By reason of the foregoing negligence on the part of the defendant, the plaintiff has been damaged in an amount that exceeds the jurisdictional limits of all lower Courts. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST DEFENDANT GLEN ISLAND FOR MEDICAL MALPRACTICE 47. Plaintiff repeats, reiterates, and re-alleges each and every allegation set forth above with the same force and effect as ifmore fully set forth at length herein. 48. At all times during the aforementioned time period herein, Plaintiff's decedent was admitted to and was a resident at GLEN ISLAND. 49. At all times mentioned herein, Plaintiff's decedent was under the professional care of Defendant(s), its agents, servants, and/or employees. 50. Defendant(s) GLEN ISLAND, its agents, servants, and employees held themselves out as duly qualified and capable of rendering adequate care and treatment to the public and for such purposes hired doctors, nurses, pharmacists, physicians, attendants, physical therapists, and other personnel. 51. Plaintiff's decedent relied upon the advice and care of Defendant GLEN ISLAND, its agents, servants, and/or employees and upon their knowledge, skill and representations that she would be adequately cared for. 52. Plaintiff's decedent continuously submitted herself to the care and treatment 11 11 of 25 FILED: BRONX WESTCHESTER COUNTYCOUNTY CLERK 07/06/2020 CLERK 11/06/2020 04:19 PM 03:56 PM INDEX INDEXNO. NO.26889/2020E 64205/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/06/2020 11/06/2020 of Defendant(s), itsagents, servants, and/or employees during the above pled time period. 53. The care and treatment rendered by GLEN ISLAND, its agents, servants, and/or employees was improper, negligent, and given in a careless manner. 54. Defendant GLEN ISLAND, its agents, servants, and/or employees failed to employ the skill, care and diligence commonly and ordinarily possessed by, and required of physicians, nurses, aides, and physician's assistants in the community, and failed to use their best judgment in the care and treatment of Plaintiff's decedent. 55. Defendant GLEN ISLAND, its agents, servants and/or employees, failed to treat and care for Plaintiff's decedent in accordance with the standards of care and treatment generally accepted in the medical community; departed from good and accepted medicine and nursing practice; departed from the standard of care in the medical and nursing community in the care and treatment of the plaintiff's decedent in failing to prevent pressure ulcers; and failed to use approved methods in general use and skill, and their best judgment in the care and treatment of the plaintiff's decedent. 56. The aforesaid occurrences were caused solely and wholly by the medical malpractice of Defendant GLEN ISLAND, its agents, servants, and/or employees in negligently and carelessly failing to treat and care for Plaintiff's decedent in a careful and skillful manner; negligently and carelessly failing to monitor and supervise Plaintiff's decedent in accordance with good and accepted medical customs, practices and standards; negligently and carelessly causing, permitting and allowing her medical condition to deteriorate and worsen; and negligently and carelessly failing to treat the condition from which Plaintiff's decedent was then suffering. 57. The foregoing was caused without any negligence on the part of Plaintiff's 12 12 of 25 FILED: BRONX WESTCHESTER COUNTYCOUNTY CLERK 07/06/2020 CLERK 11/06/2020 04:19 PM 03:56 PM INDEX INDEXNO. NO.26889/2020E 64205/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/06/2020 11/06/2020 decedent contributing thereto. 58. As a result of the foregoing, Plaintiff's decedent was rendered sick and disabled; suffered severe injuries both internal and external; was caused to be confined to her bed for a lengthy period of time; suffered from severe pain and mental anguish; and was compelled to seek medical care and attention; and was caused to die on August 26, 2018. 59. By reason of the foregoing negligence on the part of the Defendant(s), the plaintiff has been damaged in an amount that exceeds the jurisdictional limits of all lower Courts. AND AS FOR A FIFTH CAUSE OF ACTION AGAINST DEFENDANT GLEN ISLAND FOR NEGLIGENCE 60. Plaintiff repeats and realleges each and every allegation set forth above with the same force and effect as ifmore fully set forth at length herein. 61. At all times hereinafter mentioned, GLEN ISLAND held itself out as duly qualified and capable of rendering adequate care and treatment to the public and for such purposes hired doctors, nurses, residents, attendants, physical therapists, and other personnel. 62. At all times hereinafter mentioned, Plaintiff's decedent relied upon the advice and care of GLEN ISLAND, its agents, servants and employees, and upon their knowledge, skill and representations that she would be adequately cared for. 63. At all times hereinafter mentioned, Plaintiff's decedent continuously submitted herself to the care and tre