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  • Elvira Urgo Administratrix for the Estate of Daniel William Urgo, Deceased, Elvira Urgo Individually v. Clove Lakes Healthcare And Rehabilitation Center Inc., John Doe said names being fictitious and representing the doctors and individuals responsible for the care of the decedent, Daniel William Urgo, Jane Doe said names being fictitious and representing the doctors and individuals responsible for the care of the decedent, Daniel William UrgoTorts - Other Negligence (Wrongful Death) document preview
  • Elvira Urgo Administratrix for the Estate of Daniel William Urgo, Deceased, Elvira Urgo Individually v. Clove Lakes Healthcare And Rehabilitation Center Inc., John Doe said names being fictitious and representing the doctors and individuals responsible for the care of the decedent, Daniel William Urgo, Jane Doe said names being fictitious and representing the doctors and individuals responsible for the care of the decedent, Daniel William UrgoTorts - Other Negligence (Wrongful Death) document preview
  • Elvira Urgo Administratrix for the Estate of Daniel William Urgo, Deceased, Elvira Urgo Individually v. Clove Lakes Healthcare And Rehabilitation Center Inc., John Doe said names being fictitious and representing the doctors and individuals responsible for the care of the decedent, Daniel William Urgo, Jane Doe said names being fictitious and representing the doctors and individuals responsible for the care of the decedent, Daniel William UrgoTorts - Other Negligence (Wrongful Death) document preview
  • Elvira Urgo Administratrix for the Estate of Daniel William Urgo, Deceased, Elvira Urgo Individually v. Clove Lakes Healthcare And Rehabilitation Center Inc., John Doe said names being fictitious and representing the doctors and individuals responsible for the care of the decedent, Daniel William Urgo, Jane Doe said names being fictitious and representing the doctors and individuals responsible for the care of the decedent, Daniel William UrgoTorts - Other Negligence (Wrongful Death) document preview
						
                                

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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 1 of 9 FILED: RICHMOND COUNTY CLERK 02/11/2021 01:33 PM INDEX NO. 150315/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 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 2 of 9 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 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, 3 of 9 FILED: RICHMOND COUNTY CLERK 02/11/2021 01:33 PM INDEX NO. 150315/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 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 4 of 9 FILED: RICHMOND COUNTY CLERK 02/11/2021 01:33 PM INDEX NO. 150315/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 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 5 of 9 FILED: RICHMOND COUNTY CLERK 02/11/2021 01:33 PM INDEX NO. 150315/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 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. 6 of 9 FILED: RICHMOND COUNTY CLERK 02/11/2021 01:33 PM INDEX NO. 150315/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 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 7 of 9 FILED: RICHMOND COUNTY CLERK 02/11/2021 01:33 PM INDEX NO. 150315/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 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 8 of 9 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 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: 9 of 9