Preview
FILED: RICHMOND COUNTY CLERK 02/11/2021 01:33 PM INDEX NO. 150315/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
----------- ¬-----------------------------------X Index No.
ELVIRA URGO as Administratrix for the Estate of
DANIEL WILLIAM URGO, deceased, and ELVIRA
URGO, Individually
SUMMONS
Plaintiff,
-against-
CLOVE LAKES HEALTHCARE AND REHABILITATION
CENTER INC., NICHOLAS D. DEMISAY, as Chief
Executive Officer of CLOVE LAKES HEALTHCARE AND
REHABILITATION CENTER INC., JOHN DOE and JANE
DOE, said names being fictitious and representing the
doctors and individuals responsible for the care of the
decedent, DANIEL WILLIAM URGO
Defendants.
------------------------------------------¬------------------------ --- X
To the above named Defendants:
YOU ARE HEREBY SUMMONED to answer the accompanying Verified Complaint in this
action, and to serve a copy of your answer on the Plaintiff's attorneys within 20 days after service
of this su---eñ=, exclusive of the day of service (or within 30 days after the service is complete
if this sn-r-mas is not personally delivered to you within the State of New York); and in case of
your failure to answer, judgment will be taken against you by default for the relief demanded in
the Verified Complaint.
Dated: February Jj_, 2021
Garden City, New York
BARROWS LEVY PLLC
By:
Dian
Attorneys for Plaintiff
100 Quentin Roosevelt Blvd
Suite 210
Garden City, NY 11530
516-744-1880
DszaboGtbarrowslevy.com
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TO: Clove Lakes Rehabilitation Center Inc.
C/O Nicholas D. Demisay, CEO
25 Fanning Street
Staten Island, New York 10314
Nicholas D. Demisay
25 Fanning Street
Staten Island, New York 10314
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
----------------------------------------- -----------------X Index No.
ELVIRA URGO as Administratrix for the Estate of
DANIEL WILLIAM URGO, deceased, and ELVIRA
URGO, Individually
VERIFIED COMPLAINT
Plaintiff,
-against-
CLOVE LAKES HEALTHCARE AND REHABILITATION
CENTER INC., NICHOLAS D. DEMISAY, as Chief
Executive Officer of CLOVE LAKES HEALTHCARE AND
REHABILITATION CENTER INC., JOHN DOE and JANE
DOE, said names being fictitious and representing the
doctors and individuals responsible for the care of the
decedent, DANIEL WILLIAM URGO
Defendants.
__ ____________________________________-----------------X
Plaintiff, ELVIRA URGO, by and through her attorneys, BARROWS LEVY PLLC,
hereby alleges as follows:
1. On November 6, 2020, the Plaintiff, ELVIRA URGO, was issued Limited Letters
of Administration to serve as Administratrix of the Estate of Daniel William Urgo, decedent, by
order of the Surrogate's Court of Richmond County.
2. The decedent, DANIEL WILLIAM URGO, died a resident of Richmond County,
State of New York on April 7, 2020.
3. That at all times hereinafter mentioned the defendant, CLOVE LAKES
HEALTHCARE AND REHABILITATION CENTER INC., is a duly formed corporation under
the laws of New York State, having a principal place of business address of 25 Fanning Street,
Staten Island New York.
4. That at alltimes hereinafter mentioned the defendant, NICHOLAS D. DEMISAY,
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as Chief Executive Officer of CLOVE LAKES HEALTHCARE AND REHABILITATION
CENTER INC. was and stillis bclicycd to be a resident of Richmond County, State of New York
5. That at alltimes hereinafter mentioned the defendents JOHN DOE and JANE DOE
were and stillare believed to be residents of Richmond County, State of New York.
6. Jurisdiction and venue are proper in as much as some or all of the defendants have
principal offices in Richmond County and the matters complained of arose in part out of
representations directed to plaintiff in New York.
AS AND FOR A FIR_ST CAUSE OF ACTION
7. That on and at all times hereafter mentioned until the time of his death on April 7,
2020, the deceased DANIEL WILLIAM URGO (hereafter "Deceased") was in the care of Clove
Lakes Healthcare and Rehabilitation Center Inc. (hereinafter "Clove Lakes")
8. That on and at all times hereafter mentioned until the time of his death on April 7,
2020, the deceased was in the care of JOHN DOE and JANE DOE, (hereinafter collectively
referred to as "Doe"), representing the doctors and individuals.
9. That on and at all times hereafter mentioned until the time of his death on April 7,
2020, deceased was not suffering from any health conditions that were terminal or life threatening.
10. That on April 7, 2020, Clove Lakes and Doe were careless, reckless and acted
negligently by failing to timely respond and administer treatment necessary to prevent the death
of the deceased.
11. That as a result of such intentional, careless, reckless and negligent actions of the
Defendants, deceased suffered an untimely death.
12. That this cause of action that the Plaintiff, ELVIRA URGO, brings on behalf of the
deceased, DANIEL WILLIAM URGO, for injuries and pain and suffering which the decedent
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Defendants'
suffered as a result of negligence, isone which the decedent would have been entitled
to maintain, had he lived, and survived thus is entitled to maintain this action pursuant to New
York Wrongful Death Statutes as more fully set forth in EPTL Section 11-3.2.
Defendants'
13. The acts were reckless and showed a gross disregard for the deceased.
14. As a result of the aforesaid, the Plaintiffs demand judgment against Defendants in
amounts commensurate with the injuries and damages sustained herein, altogether with the costs
and disbursemeñts of this action, in an amount that exceeds the jurisdictional limits of alllower
courts.
Defendants'
15. As a result of reckless and wanton conduct the Plaintiff's estate is
entitle to punitive damages in amounts commcñsurate with the injuries and d-nap sustained
herein, altogether with the costs and disbursements of this action, in an amount that exceeds the
jurisdictional limits of all lower courts.
AS AND FOR A SECOND CAUSE OF ACTION
16. Plaintiff repeats and re-alleges each and every allegation as contained in paragraphs
"1" "15"
designated through as if more fully set forth herein.
17. The death of the decedent caused by the intentional conduct, carelessness,
recklessness and negligence of the Defêñdants was caused without any contributory negligence on
the part of the deceased.
18. The decedent was born on September 24, 1950.
19. The decedent was survived by heirs at law and next of kin. The heirs at law and
next of kin of the decedent sustained pecuniary loss as a result of the death of the decedent,
including but not limited to,loss of society, pursuant to EPTL 5-4.1.
20. Solely as a result ofthe negligence of the Defendants, the decedents estate incurred
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funeral and administrative expenses and sustained further losses pursuant to EPTL 5-
pecuniary
4.1.
Defendants'
21. Due to intentional conduct, negligence and recklessness, Plaintiff,
ELVIRA URGO is entitled to damages and damages in amounts commeñsurate with the injuries
and damages sustained herein, together with the costs and disbursements of this action, in an
amount that exceeds the jurisdictional limits of alllower courts.
22. The instant actions are an exception to Article 16 of the NY CPLR.
AS AND FOR A THIRD CAUSE OF ACTIO_N
23. Purchaser repeats and re-alleges each and every allegation as contained in
"1" "22"
paragraphs designated through as ifmore fully set forth herein.
24. Plaintiff, ELVIRA URGO, is the beloved wife of decedent, DANIEL WILLIAM
URGO.
25. That prior to the death of the decedent, Plaintiff's husband, the deceased was
healthy and of sound mind and was able to and did in fact provide Plaintiff with companionship,
love, and affection which Plaintiff has now permanently been deprived of due to the actions of the
Defendants.
26. As a resultof the foregoing, Plaintiff, ELVIRA URGO, demands judgement against
the Defendants in amounts commensurate with the injuries and damages sustained herein, together
with the costs and disbursements of this action, in an amount that exceeds the jurisdictional limits
of all lower courts.
27. That these actions are an exception to Article 16 of the NY CPLR.
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WHEREFORE, Plaintiff, ELVIRA URGO, in all actions respectfully demands judgment
against the defendants, in amounts commensurate with the injuries and damages sustained herein,
together with the costs and disbursements of this action in an amount that exceeds the jurisdictional
limits of all lower courts, and such further and other relief as this Court may deem just and proper,
together with costs, disbursemeñts and attorney's fees iñcurred by Plaintiff herein.
Dated: Garden City, New York
February JJ_, 2021
BARROWS LEVY PLLC
By:
D1
Attorneys for Plaintiff
100 Quentin Roosevelt Blvd
Suite 210
Garden City, NY 11530
516-744-1880
Dszabo(d barrowslevy.com
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VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF RICHMOND )
ELVIRA URGO, hereby affums under penalty of perjury:
1. I am the plaintiff named in the foregoing Verified Complaint.
2. I have read the foregoing Verified Complaint, and I know the facts alleged therein to
be true, except as to those matters alleged upon information and belief, and as to those matters I
believe them to be true.
ELVIRA URGO
S to before me this
day of February 2021
NOTARY PUBLIC
DEBRA A. MEYER
Public, State of New York
Notary
No. 01ME5075037
Qualified inNassau County
Commission Expires March 24, 20
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND Index No.
ELVIRA URGO as Administratrix for the Estate of
DANIEL WILLIAM URGO, deceased, and ELVIRA
URGO, Individually
Plaintiff,
-against-
CLOVE LAKES HEALTHCARE AND REHABILITATION
CENTER INC., NICHOLAS D. DEMISAY, as Chief
Executive Officer of CLOVE LAKES HEALTHCARE AND
REHABILITATION CENTER INC., JOHN DOE and JANE
DOE, said names being fictitious and representing the
doctors and individuals responsible for the care of the
decedent, DANIEL WILLIAM URGO
Defendants.
SUMMONS
BarrowsLevy
Attorneys forPlaintiff
100 QuentinRooseveltBlvd.,Suite210
Garden New York
City, 11530
Phone (516)744-1880
744-1881*
Fax (516)
*(Thisofficedoes not accept serviceby fax)
Pursuant to 22 NYCRR 130-1.1,therdér:!;ñéd, an attorney
admitted in the courts
to practice of New York State,certifies
that,upon informatin and
belief
and reasonable ccñtE!ñ5d
(1) the cGiitâiitioiis
inquiry, in the annexed
d-rnent are not frivolous,
and that (2) if the annexed
document is an initiating
re5pcñ±ibi--
for the illegal
pleading,(i) the matter
was not obtainedthroughillegal
conduct,or that if it was,
the attorney
or other persons conduct are not
in
participating thematteror sharinginany feeearned t!-:r9:: and that if
(ii) thematterinvolvespotential
claimsfor personal
injuryor wrongful
death,
the matter in violation
was not obtained of 22 NYCRR. 1200.41-a.
Dated: February 11,2021 Signature
MichaelC. Barrows, Esq.
Serviceof a copyof the within is herebyadmitted.
Dated:
PLEASE TAKE NOTICE
thatthe within is a true
(certified) copy ofa
entered in theofficeof the clerkof thewithin named Court on
NOTICE OF
ENTRY
that an orderof which the withinisa true copy willbe prõõõidâd for5sit! ni tothe
Hon. one of the judges ofthe withinnamed Court,
NOTICE OF
SETTLEMENT
BarrowsLevy. e
Dated:
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