Preview
FILED: KINGS COUNTY CLERK 06/11/2021 04:35 PM INDEX NO. 514200/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------X Index No.:
MURIEL TAYLOR, by the Administratrix of her Date Purchased:
Estate, SHARON ANN SMALLS,
SUMMONS
Plaintif
-against- Plaintiff designates KINGS County
as the place of trial
FOUR SEASONS NURSING & REHABILITATION
Defêñdañts'
CENTER, FOUR SEASONS NURSING HOME The basis of venue is
MANAGEMENT, LLC, PARKSHORE HEALTH Place of Business
CARE, LLC., and PARKSHORE HEALTH CARE
FACILITIES, LLC.,
Defendants.
------------------------- ..-----------------------------X
To the above- named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appesëce, on the Plaintiffs attorney within 20 days after the service of this Summons, exclusive of
the day of service (or within 30 days after the service is complctc if this summons is not peraornUy
delivered to you within the State of New York); and in case of your f 'lure to appear or answer,
'
judgment will be taken against you by default for the relief demanded t e complant.
Dated: New York, New York
June 11, 2021 ALAN RIPKA ASS CIATES, LLP
Attorneys for Pl ntiff
Andrey Demi o , Esq.
400 Madison A enue - Suite 12d
New York, e York 10017
T: (212) 55 4 77
Defendants'
Addresses:
FOUR SEASONS NURSING
& REHABILITATION CENTER
1555 Rockaway Parkway
Brooklyn, New York 11236
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FOUR SEASONS NURSING HOME
MANAGEMENT, LLC
660 White Plains Road, Suite 520
Tarrytown, New York 10591
PARKSHORE HEALTH CARE, LLC
1555 Rockaway Parkway
Brooklyn, New York 11236
PARKSHORE HEALTH CARE FACILITIES, LLC
1555 Rockaway Parkway
Brooklyn, New York 11236
CORPORATE DEFENDANTS ALSO BY SECRETARY OF STATE
ONE COMMERCE PLAZA
99 WASHINGTON AVENUE
ALBANY, NY 12231
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------X
MURIEL TAYLOR, by the Administratrix of her
Estate, SHARON ANN SMALLS,
Index No.:
Plaintiff
-against-
VERIFIED
FOUR SEASONS NURSING & REHABILITATION COMPLAINT
CENTER, FOUR SEASONS NURSING HOME
MANAGEMENT, LLC, PARKSHORE HEALTH
CARE, LLC., and PARKSHORE HEALTH CARE
FACILITIES, LLC.,
Defendants.
_____-_____----__- ----------------------------------X
Plaintiff-decedéat, MURIEL TAYLOR, by the Administratrix of her Estate, SHARON
ANN of the Defendants, FOUR SEASONS NURS1NG & REHABILITA-
SMALLS, complaining
TION CENTER, FOUR SEASONS NURSING HOME MANAGEMENT, LLC, PARKSHORE
HEALTH CARE, LLC, and PARKSHORE HEALTH CARE FACILITIES, LLC, by her attorneys
Alan Ripka & Associates, 400 Madison Avenue, Suite 12D, New York, New York, for the Plain-
tiff-decedent's Complaiñt, alleges as follows, upon information and belief and at all times herein-
after:
STATEMENT OF CASE
1. This is an action for negligence, gross negligence, Public Health Law violations
and Wrongful Death brought by SHARON ANN SMALLS, as Administratrix of the Estate of
Defendants'
MURIEL TAYLOR, deceased, ("Plaintiff-Decedent") who stayed at the care facility
from 2018 through 2019. Plaintiff-Decedent was dependent upon the staff for physical and medical
professionals there. The Defeñdañt-facility, was negligent in providing care to Plaintiff-Decedent,
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MURIEL TAYLOR, and were negligent in preventing pressure ulcers, negligent in their wound
care administration, and in their facilitation of proper healing which resulted in Plaintiff-Decedent
sustaining multiple pressure-ulcers which required prolonged hospitali ation, surgically corrective
therapies and ultirñately caused the untimely death of the Plaintiff-Decedent on July 29, 2019.
VENUE AND JURSIDCITION
2. Venue is proper in Kings County because Defêñdants have their principal place of
business in Kings County.
GENERAL ALLEGATIONS
3. That Plaintiff, SHARON ANN SMALLS was and is a resident of the County of
Kings, and State of New York.
4. That Plaintiff-Decedent, MURIEL TAYLOR, was a resident of County of Kings,
and State of New York.
5. At all times mentioned herein, Defendant, FOUR SEASONS NURSING & REHA-
BILITATION CENTER, was, and still is, a domestic limited liability corporation duly authorized
and existing under, and by virtue of, the state laws of the State of New York.
6. At all times mentioned herein, Defendant, FOUR SEASONS NURSING HOME
MANAGEMENT, LLC, was, aud still is, a domestic limited liability corporation duly authorized
and existing under, and by virtue of, the state laws of the State of New York.
7. At all times mentioned herein, Defendant, PARKSHORE HEALTH CARE, LLC,
was, and still is, a domestic limited liability corporation duly authorized and existing under, and
by virtue of, the state laws of the State of New York.
8. At all times mentioned PARKSHORE HEALTH CARE FA-
herein, Defeñdañt,
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limited corporation mythorized and ex-
CILITIES, LLC was, and still is, a deniestic liability duly
isting under, and by virtue of, the state laws of the State of New York.
9. At all times, pertinent herein, Defêñdañt FOUR SEASONS NURSING &
REHABILITATION CENTER, owned, operated, controlled, managed, and supervised, a nursing
home located at 1155 Rockaway Parkway, Brooklyn, New York 11236 (hereinafter known as the
"facility").
10. At all times, pertinent herein, Defendant FOUR SEASONS NURSING HOME
MANAGEMENT, LLC, owned, operated, controlled, managed, and supervised, a nursing home
located at 1155 Rockaway Parkway, Brooklyn, New York 11236.
11. At all times, pertinent herein, Defendant PASKSHORE HEALTH CARE, LLC,
owned, operated, controlled, managed, and supervised, a nursing home facility located at 1155
Rockaway Parkway, Brooklyn, New York 11236.
12. At all times, pertinent herein, Defendant PARKSHORE HEALTH CARE
FACILITIES LLC., owned, operated, controlled, managed, and supervised, a ñürsiñg home
facility located at 1155 Rockaway Parkway, Brooklyn, New York 11236.
Defêñdañts'
13. At all times hereinafter mentioned, the facility, was a residential
healthcare facility and/or nursing home duly orgañized and existing under and by virtue of the
laws of the State of New York.
14. At all pertinent times, Defeñdañts, FOUR SEASONS NURSING & REHABILI-
TATION FOUR SEASONS NURSING HOME PARK-
CENTER, MANAGEMENT, LLC,
SHORE HEALTH CARE, LLC, and PARKSHORE HEALTH CARE FACILITIES, LLC, has
facility" home"
been "a residential health care and "ñürsiñg within the meaning of New York
Public Health Law 2803.
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15. From on or about March 2018 and through March 2019, and prior and subsequent
"patient" "resident" Defeñdañts'
thereto, and thereafter, Plaintiff-DecMent was a and a of facility,
within the meaning of New York Public Health Law 2803-d and 2803-c.
16. Defendants FOUR SEASONS NURSING & REHABILITATION CENTER,
FOUR SEASONS NURSING HOME MANAGEMENT, LLC, PARKSHORE HEALTH CARE,
LLC, and PARKSHORE HEALTH CARE FACILITIES, LLC is a nursing home within the
meaning of
a. Article 28 of the Public Health Law and at all times relevant, Defendants, were
under a duty to comply with all the duties set forth under that chapter.
b. The New York Codes Rules and Regulations (NYCRR), 10 NYCRR 415.1
(b)(4) require that nursing homes comply with all pertinent federal, state and
local laws, regulations, codes, standards and principles.
c. In New York State, nursing homes are required to provide care and services in
a manner and quality consistent with generally accepted standards of practice
pursuant to 10 NYCRR 415.1(b)(1).
d. Defendants were and are a participâñt in Medicare and Medicaid progra_ms.
e. At all times mentioned herein, Defendants, had a duty to comply with New
York State Public Health Law Article 28.
f. At all times mentioned herein, Defendañt FOUR SEASONS NURS-
facility,
ING & REHABILITATION CENTER, was subject to New York State Public
Health Law §2801 (d).
g. At all times meñticñed herein, Defendants, were under a duty to comply
with Part 10, §415 of NYCRR.
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h. At all times mentionaa were under a duty to comply with
herein, Defendants,
42 C.F.R. Part 483.
i. At all times mentioned herein, Defendants, were under a duty to caraply with
42 U.S.C. § 1396-r (1990) et seq., as amended by OBRA of 1987.
17. To participate in Medicase and Medicaid programs nursing homes must be in com-
pliance with the federal requirements for long-term care as prescribed in the U.S. Code of Federal
regulations, 42 C.F.R. §483. Under the Code of Federal Regulations, a nursing home must:
a. Have sufficient nursing staff to provide nursing and related services to attain
and msintain the highest practicable mental and psychosocial well-
physical,
being of each resident (42 C.F.R. §483.30);
b. Provide, if a resident is unable to carry out activities of daily living, the neces-
services to maintain good and personal and oral hy-
sary nutrition, grooming
giene (42 C.F.R. §483.25);
c. Ensure that the resident's environment remains free of accident hazards
(42 C.F.R. §483.25(h)(1));
d. Ensure that each resident receives âdeqùate supervision and assistance to
prevent accidents (42 C.F.R. §483.25(h)(2));
e. Ensure that a resident maintains acceptable parameters of nutritional status
such as body weight and protein levels (42 C.F.R. §483.25);
f. Provide an appropriate assessment of each resident entering a certified
home and the development and impice=winn of an appropriate care plan so
that each resident is allowed to attain and maintain the highest practicable men-
tal, physical and psy.+.-ancial well-being.
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times menticñed FOUR SEASONS NURSING & REHA-
18. At all herein, Defendants,
BILITATION FOUR SEASONS NURSING HOME PARK-
CENTER, MANAGEMENT, LLC,
SHORE HEALTH CARE, LLC, and PARKSHORE HEALTH CARE FACILITIES, LLC.,
through its officers, employees, agents and staff had the f0Ilowing duty under OBRA 42 C.F.R.
§483.25 and New York State Rules and Regulations: "Each residcñt must receive, and the facility
must provide, the necessary care and services to attain or maintah the highest practicable physical,
mental, and psych010sical well-being, in accordance with the comprehensive assessment and care
plan."
JOINT AND SEVERALLY LIABILITY
19. Pursuant to CPLR Section 1602(2)(iv), Defendants are jointly and severally liable
for all of Plaintiff's damages, but not limited to Plaintiff's non-econode irrespec-
including loss,
tive of the pr0visiõñs of the CPLR Section 1601, by reason of the fact that Defeñdants owed the
Plaintiff a non-delegable duty of care.
20. Pursuant to CPLR Section 1602(7), Defeñdañts are jointly and severally liable for
all of Plaintiff's damages including but not limited to Plaintiff s non-economic loss, irrespective
of the provisions of CPLR Section 1601, by reason of the fact that Defeñd=ñts acted with reckless
disregard of the safety of others.
21. Pursuant to CPLR Section 1602(7), Deandants are jointly and severally liable for
all of Plaintiff's damages, including but not limited to Plaintiff's non-economic loss irrespective
of the provisions of the CPLR Section 1601, by reason of the fact that said Defendants are vicari-
ously liability for the negligent acts and orñissioñs of each other and/or who caused or contributed
to the Plaintiff's damages.
22. Pursuant to CPLR Section 1602(11) Defendants are jointly and severally liable for
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all of Plaintiff's damages iñelüdiñg but not limited to Plaintiff's non-economic loss, irrespective
of the provision of CPLR 1601, by reasons of the fact that Defendants acted kñowiñgly or inten-
tionally, and in concert, to cause the acts or failures which are a proximate cause of the Plaintiff's
injuries.
23. That by reasons of the foregoing, Plaintiff has been damaged in a sum that exceeds
the jurisdieneñst limits of all lower courts that would otherwise have jurisdictisa of this action.
FIRST CAUSE OF ACTION
24. Plaintiff-decedent reiterates and re-alleges each and allegation con-
repeats, every
tained in paragraphs 1 through 23, inclusive with the same force and effect as though set forth
more fully herein at length.
25. That the Defcñdanto, their agents and employees knew that Plaintiff-decedent was
at high risk of develephg infection and respiratory issues and failed to take reasonable and humane
steps to prevent an inevitable risk from coming to fruition.
26. Defcñdañts through itself, its servants, agents, and/or employees, had a duty to pro-
vide for the safety and well-being of the panenta and residents to its custody and care while being
treated at the Hospital.
27. In or around 2018 and through 2019 Plaintiff-decedent sustained severe and per-
mañcñt injuries due to the negligeñce of the Defendants, their servants, agents, and/or employees,
while a patient at the Facility.
28. At all times mentioned herein, the Defendants held themselves out as competent
and duly qualified to render proper and adequate medical care and treatment to membm·s of the
general public, including Plaintiff.
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29. Thatthe Defendants, their agents and employees failed to take ordinary and reason-
able precautioñs in the delivery of services to the Plaintiff-decedent and failed to take reasonable
precautians to prevent the development of the Plaintiff-decedêñt's injuries and üñtiraely death.
30. That the Defenderts, their agents and employees failed to use ordinary and reason-
able care in the of services not specialized medical expertise to the Plaintiff-
delivery requiring
decedent, inehliñg failure to provide adequate safety measures, and failing to require staff to take
proper precautions when providing wound and post-surgical care and failing to provide raspatory
care and failure to organize and admiñister itself and distribute its resources and effi-
effectively
ciently so as to accomplish the care described above.
3 1. That Defendants were required by 42 C.F.R. 483 to organize and administer its
facility in a manner that used its resources to promote the highest practicable füñctión of its resi-
dents.
32. That Defendants failed to organize and administer themselves in a manner that used
its resources to promote the highest practicable function of its residents.
33. That as a consequence of the above the Plaintiff-decedent suffered an avoidable
Defendants'
injury at the hands of agents, servants, employees, and/or others in serious
resulting
injury to her body and resulted in an untimely death.
34. Plaintiff-decedent's injuries occurred through the negligence of the Defcñdañts in
that their servants, agents, and/or employees, failed to safely and properly move, assist, and/or
treat Plaintiff-decedent when he was unable to stand due to her required treatmeñt.
35. The aforementioned injuries suffered were caused sole through the negligence of
the Defendants without any segligêñce on the part of the Plaintiff-decedent coñtributing thereto.
36. As a result of the foregoing, Plaintiff demands judgment against the Defendants in
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an emount that exceed the jurisdictional limits of all lower Courts.
SECOND CAUSE OF ACTION
37. The Plaintiff hereby repeats and reiterates each and every allegation contained in
paragraphs 1 through 36 inclusive, with the same force and effect as though set forth more fully
herein at length.
38. were negligent in hiring, and home per-
Defendants, re+aming, supervising nursing
sonnel, who were careless, unskillful, and negligent, and who did not possess the requisite
knowledge and skill of medical professionals in the community.
defeñdants'
39. That as a result of the negligence of defendants and/or agents, servants,
employees, and/or others acting within defendants control and without any want of care on the part
Plaintiff-decedent was rendered suffered severe pressure ul-
Plaintiff-decedent, sick, sore, lame,
cers; that plaintiff-decedent suffered injuries, conscious pain and suffering, emotional distress,
anxiety and loss of enjoyment of life; that plaintiff-decedent was confined to hospitals and/or of
healthcare facilities for an extended period of time; that plaintiff iñcurred and that plain-
expenses;
tiff was permanently injured.
40. As a result of the foregoing, Plaintiffs demands judgmcñt against the Defendants in
an ament that exceed the jurisdictional limits of all lower Courts.
THIRD CAUSE OF ACTION
41. The Plaintiff hereby repeats and reiterates each and every allegation contained in
paragraphs 1 through 40 inclüsive, with the same force and effect as though set forth more fully
herein at length.
42. The Defendants, their agents and employees failed to use ordinary and reasonable
care in the of services to the Plaintiff-decedêñt, and in ensuring that the services were
delivery
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and failed to take reasonable precautions to prevent the devel-
delivered to the Plaintiff-decedent
opment of the Plaintiff-decedent injuries.
43. The Plaintiff-decedent was under a disabiEty that limited his ability to protect him-
self from injury and that Defendants, its employees and agents knew of that disability and failure
to use reassnable care as would be required for Plaintiff-decedent's safety, especially in light of
Defendâñts'
claimed
Preview
FILED: KINGS COUNTY CLERK 06/11/2021 04:35 PM INDEX NO. 514200/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------X Index No.: MURIEL TAYLOR, by the Administratrix of her Date Purchased: Estate, SHARON ANN SMALLS, SUMMONS Plaintif -against- Plaintiff designates KINGS County as the place of trial FOUR SEASONS NURSING & REHABILITATION Defêñdañts' CENTER, FOUR SEASONS NURSING HOME The basis of venue is MANAGEMENT, LLC, PARKSHORE HEALTH Place of Business CARE, LLC., and PARKSHORE HEALTH CARE FACILITIES, LLC., Defendants. ------------------------- ..-----------------------------X To the above- named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appesëce, on the Plaintiffs attorney within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complctc if this summons is not peraornUy delivered to you within the State of New York); and in case of your f 'lure to appear or answer, ' judgment will be taken against you by default for the relief demanded t e complant. Dated: New York, New York June 11, 2021 ALAN RIPKA ASS CIATES, LLP Attorneys for Pl ntiff Andrey Demi o , Esq. 400 Madison A enue - Suite 12d New York, e York 10017 T: (212) 55 4 77 Defendants' Addresses: FOUR SEASONS NURSING & REHABILITATION CENTER 1555 Rockaway Parkway Brooklyn, New York 11236 1 of 16 FILED: KINGS COUNTY CLERK 06/11/2021 04:35 PM INDEX NO. 514200/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 FOUR SEASONS NURSING HOME MANAGEMENT, LLC 660 White Plains Road, Suite 520 Tarrytown, New York 10591 PARKSHORE HEALTH CARE, LLC 1555 Rockaway Parkway Brooklyn, New York 11236 PARKSHORE HEALTH CARE FACILITIES, LLC 1555 Rockaway Parkway Brooklyn, New York 11236 CORPORATE DEFENDANTS ALSO BY SECRETARY OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231 2 of 16 FILED: KINGS COUNTY CLERK 06/11/2021 04:35 PM INDEX NO. 514200/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------X MURIEL TAYLOR, by the Administratrix of her Estate, SHARON ANN SMALLS, Index No.: Plaintiff -against- VERIFIED FOUR SEASONS NURSING & REHABILITATION COMPLAINT CENTER, FOUR SEASONS NURSING HOME MANAGEMENT, LLC, PARKSHORE HEALTH CARE, LLC., and PARKSHORE HEALTH CARE FACILITIES, LLC., Defendants. _____-_____----__- ----------------------------------X Plaintiff-decedéat, MURIEL TAYLOR, by the Administratrix of her Estate, SHARON ANN of the Defendants, FOUR SEASONS NURS1NG & REHABILITA- SMALLS, complaining TION CENTER, FOUR SEASONS NURSING HOME MANAGEMENT, LLC, PARKSHORE HEALTH CARE, LLC, and PARKSHORE HEALTH CARE FACILITIES, LLC, by her attorneys Alan Ripka & Associates, 400 Madison Avenue, Suite 12D, New York, New York, for the Plain- tiff-decedent's Complaiñt, alleges as follows, upon information and belief and at all times herein- after: STATEMENT OF CASE 1. This is an action for negligence, gross negligence, Public Health Law violations and Wrongful Death brought by SHARON ANN SMALLS, as Administratrix of the Estate of Defendants' MURIEL TAYLOR, deceased, ("Plaintiff-Decedent") who stayed at the care facility from 2018 through 2019. Plaintiff-Decedent was dependent upon the staff for physical and medical professionals there. The Defeñdañt-facility, was negligent in providing care to Plaintiff-Decedent, 3 of 16 FILED: KINGS COUNTY CLERK 06/11/2021 04:35 PM INDEX NO. 514200/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 MURIEL TAYLOR, and were negligent in preventing pressure ulcers, negligent in their wound care administration, and in their facilitation of proper healing which resulted in Plaintiff-Decedent sustaining multiple pressure-ulcers which required prolonged hospitali ation, surgically corrective therapies and ultirñately caused the untimely death of the Plaintiff-Decedent on July 29, 2019. VENUE AND JURSIDCITION 2. Venue is proper in Kings County because Defêñdants have their principal place of business in Kings County. GENERAL ALLEGATIONS 3. That Plaintiff, SHARON ANN SMALLS was and is a resident of the County of Kings, and State of New York. 4. That Plaintiff-Decedent, MURIEL TAYLOR, was a resident of County of Kings, and State of New York. 5. At all times mentioned herein, Defendant, FOUR SEASONS NURSING & REHA- BILITATION CENTER, was, and still is, a domestic limited liability corporation duly authorized and existing under, and by virtue of, the state laws of the State of New York. 6. At all times mentioned herein, Defendant, FOUR SEASONS NURSING HOME MANAGEMENT, LLC, was, aud still is, a domestic limited liability corporation duly authorized and existing under, and by virtue of, the state laws of the State of New York. 7. At all times mentioned herein, Defendant, PARKSHORE HEALTH CARE, LLC, was, and still is, a domestic limited liability corporation duly authorized and existing under, and by virtue of, the state laws of the State of New York. 8. At all times mentioned PARKSHORE HEALTH CARE FA- herein, Defeñdañt, 4 of 16 FILED: KINGS COUNTY CLERK 06/11/2021 04:35 PM INDEX NO. 514200/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 limited corporation mythorized and ex- CILITIES, LLC was, and still is, a deniestic liability duly isting under, and by virtue of, the state laws of the State of New York. 9. At all times, pertinent herein, Defêñdañt FOUR SEASONS NURSING & REHABILITATION CENTER, owned, operated, controlled, managed, and supervised, a nursing home located at 1155 Rockaway Parkway, Brooklyn, New York 11236 (hereinafter known as the "facility"). 10. At all times, pertinent herein, Defendant FOUR SEASONS NURSING HOME MANAGEMENT, LLC, owned, operated, controlled, managed, and supervised, a nursing home located at 1155 Rockaway Parkway, Brooklyn, New York 11236. 11. At all times, pertinent herein, Defendant PASKSHORE HEALTH CARE, LLC, owned, operated, controlled, managed, and supervised, a nursing home facility located at 1155 Rockaway Parkway, Brooklyn, New York 11236. 12. At all times, pertinent herein, Defendant PARKSHORE HEALTH CARE FACILITIES LLC., owned, operated, controlled, managed, and supervised, a ñürsiñg home facility located at 1155 Rockaway Parkway, Brooklyn, New York 11236. Defêñdañts' 13. At all times hereinafter mentioned, the facility, was a residential healthcare facility and/or nursing home duly orgañized and existing under and by virtue of the laws of the State of New York. 14. At all pertinent times, Defeñdañts, FOUR SEASONS NURSING & REHABILI- TATION FOUR SEASONS NURSING HOME PARK- CENTER, MANAGEMENT, LLC, SHORE HEALTH CARE, LLC, and PARKSHORE HEALTH CARE FACILITIES, LLC, has facility" home" been "a residential health care and "ñürsiñg within the meaning of New York Public Health Law 2803. 5 of 16 FILED: KINGS COUNTY CLERK 06/11/2021 04:35 PM INDEX NO. 514200/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 15. From on or about March 2018 and through March 2019, and prior and subsequent "patient" "resident" Defeñdañts' thereto, and thereafter, Plaintiff-DecMent was a and a of facility, within the meaning of New York Public Health Law 2803-d and 2803-c. 16. Defendants FOUR SEASONS NURSING & REHABILITATION CENTER, FOUR SEASONS NURSING HOME MANAGEMENT, LLC, PARKSHORE HEALTH CARE, LLC, and PARKSHORE HEALTH CARE FACILITIES, LLC is a nursing home within the meaning of a. Article 28 of the Public Health Law and at all times relevant, Defendants, were under a duty to comply with all the duties set forth under that chapter. b. The New York Codes Rules and Regulations (NYCRR), 10 NYCRR 415.1 (b)(4) require that nursing homes comply with all pertinent federal, state and local laws, regulations, codes, standards and principles. c. In New York State, nursing homes are required to provide care and services in a manner and quality consistent with generally accepted standards of practice pursuant to 10 NYCRR 415.1(b)(1). d. Defendants were and are a participâñt in Medicare and Medicaid progra_ms. e. At all times mentioned herein, Defendants, had a duty to comply with New York State Public Health Law Article 28. f. At all times mentioned herein, Defendañt FOUR SEASONS NURS- facility, ING & REHABILITATION CENTER, was subject to New York State Public Health Law §2801 (d). g. At all times meñticñed herein, Defendants, were under a duty to comply with Part 10, §415 of NYCRR. 6 of 16 FILED: KINGS COUNTY CLERK 06/11/2021 04:35 PM INDEX NO. 514200/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 h. At all times mentionaa were under a duty to comply with herein, Defendants, 42 C.F.R. Part 483. i. At all times mentioned herein, Defendants, were under a duty to caraply with 42 U.S.C. § 1396-r (1990) et seq., as amended by OBRA of 1987. 17. To participate in Medicase and Medicaid programs nursing homes must be in com- pliance with the federal requirements for long-term care as prescribed in the U.S. Code of Federal regulations, 42 C.F.R. §483. Under the Code of Federal Regulations, a nursing home must: a. Have sufficient nursing staff to provide nursing and related services to attain and msintain the highest practicable mental and psychosocial well- physical, being of each resident (42 C.F.R. §483.30); b. Provide, if a resident is unable to carry out activities of daily living, the neces- services to maintain good and personal and oral hy- sary nutrition, grooming giene (42 C.F.R. §483.25); c. Ensure that the resident's environment remains free of accident hazards (42 C.F.R. §483.25(h)(1)); d. Ensure that each resident receives âdeqùate supervision and assistance to prevent accidents (42 C.F.R. §483.25(h)(2)); e. Ensure that a resident maintains acceptable parameters of nutritional status such as body weight and protein levels (42 C.F.R. §483.25); f. Provide an appropriate assessment of each resident entering a certified home and the development and impice=winn of an appropriate care plan so that each resident is allowed to attain and maintain the highest practicable men- tal, physical and psy.+.-ancial well-being. 7 of 16 FILED: KINGS COUNTY CLERK 06/11/2021 04:35 PM INDEX NO. 514200/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 times menticñed FOUR SEASONS NURSING & REHA- 18. At all herein, Defendants, BILITATION FOUR SEASONS NURSING HOME PARK- CENTER, MANAGEMENT, LLC, SHORE HEALTH CARE, LLC, and PARKSHORE HEALTH CARE FACILITIES, LLC., through its officers, employees, agents and staff had the f0Ilowing duty under OBRA 42 C.F.R. §483.25 and New York State Rules and Regulations: "Each residcñt must receive, and the facility must provide, the necessary care and services to attain or maintah the highest practicable physical, mental, and psych010sical well-being, in accordance with the comprehensive assessment and care plan." JOINT AND SEVERALLY LIABILITY 19. Pursuant to CPLR Section 1602(2)(iv), Defendants are jointly and severally liable for all of Plaintiff's damages, but not limited to Plaintiff's non-econode irrespec- including loss, tive of the pr0visiõñs of the CPLR Section 1601, by reason of the fact that Defeñdants owed the Plaintiff a non-delegable duty of care. 20. Pursuant to CPLR Section 1602(7), Defeñdañts are jointly and severally liable for all of Plaintiff's damages including but not limited to Plaintiff s non-economic loss, irrespective of the provisions of CPLR Section 1601, by reason of the fact that Defeñd=ñts acted with reckless disregard of the safety of others. 21. Pursuant to CPLR Section 1602(7), Deandants are jointly and severally liable for all of Plaintiff's damages, including but not limited to Plaintiff's non-economic loss irrespective of the provisions of the CPLR Section 1601, by reason of the fact that said Defendants are vicari- ously liability for the negligent acts and orñissioñs of each other and/or who caused or contributed to the Plaintiff's damages. 22. Pursuant to CPLR Section 1602(11) Defendants are jointly and severally liable for 8 of 16 FILED: KINGS COUNTY CLERK 06/11/2021 04:35 PM INDEX NO. 514200/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 all of Plaintiff's damages iñelüdiñg but not limited to Plaintiff's non-economic loss, irrespective of the provision of CPLR 1601, by reasons of the fact that Defendants acted kñowiñgly or inten- tionally, and in concert, to cause the acts or failures which are a proximate cause of the Plaintiff's injuries. 23. That by reasons of the foregoing, Plaintiff has been damaged in a sum that exceeds the jurisdieneñst limits of all lower courts that would otherwise have jurisdictisa of this action. FIRST CAUSE OF ACTION 24. Plaintiff-decedent reiterates and re-alleges each and allegation con- repeats, every tained in paragraphs 1 through 23, inclusive with the same force and effect as though set forth more fully herein at length. 25. That the Defcñdanto, their agents and employees knew that Plaintiff-decedent was at high risk of develephg infection and respiratory issues and failed to take reasonable and humane steps to prevent an inevitable risk from coming to fruition. 26. Defcñdañts through itself, its servants, agents, and/or employees, had a duty to pro- vide for the safety and well-being of the panenta and residents to its custody and care while being treated at the Hospital. 27. In or around 2018 and through 2019 Plaintiff-decedent sustained severe and per- mañcñt injuries due to the negligeñce of the Defendants, their servants, agents, and/or employees, while a patient at the Facility. 28. At all times mentioned herein, the Defendants held themselves out as competent and duly qualified to render proper and adequate medical care and treatment to membm·s of the general public, including Plaintiff. 9 of 16 FILED: KINGS COUNTY CLERK 06/11/2021 04:35 PM INDEX NO. 514200/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 29. Thatthe Defendants, their agents and employees failed to take ordinary and reason- able precautioñs in the delivery of services to the Plaintiff-decedent and failed to take reasonable precautians to prevent the development of the Plaintiff-decedêñt's injuries and üñtiraely death. 30. That the Defenderts, their agents and employees failed to use ordinary and reason- able care in the of services not specialized medical expertise to the Plaintiff- delivery requiring decedent, inehliñg failure to provide adequate safety measures, and failing to require staff to take proper precautions when providing wound and post-surgical care and failing to provide raspatory care and failure to organize and admiñister itself and distribute its resources and effi- effectively ciently so as to accomplish the care described above. 3 1. That Defendants were required by 42 C.F.R. 483 to organize and administer its facility in a manner that used its resources to promote the highest practicable füñctión of its resi- dents. 32. That Defendants failed to organize and administer themselves in a manner that used its resources to promote the highest practicable function of its residents. 33. That as a consequence of the above the Plaintiff-decedent suffered an avoidable Defendants' injury at the hands of agents, servants, employees, and/or others in serious resulting injury to her body and resulted in an untimely death. 34. Plaintiff-decedent's injuries occurred through the negligence of the Defcñdañts in that their servants, agents, and/or employees, failed to safely and properly move, assist, and/or treat Plaintiff-decedent when he was unable to stand due to her required treatmeñt. 35. The aforementioned injuries suffered were caused sole through the negligence of the Defendants without any segligêñce on the part of the Plaintiff-decedent coñtributing thereto. 36. As a result of the foregoing, Plaintiff demands judgment against the Defendants in 10 of 16 FILED: KINGS COUNTY CLERK 06/11/2021 04:35 PM INDEX NO. 514200/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 an emount that exceed the jurisdictional limits of all lower Courts. SECOND CAUSE OF ACTION 37. The Plaintiff hereby repeats and reiterates each and every allegation contained in paragraphs 1 through 36 inclusive, with the same force and effect as though set forth more fully herein at length. 38. were negligent in hiring, and home per- Defendants, re+aming, supervising nursing sonnel, who were careless, unskillful, and negligent, and who did not possess the requisite knowledge and skill of medical professionals in the community. defeñdants' 39. That as a result of the negligence of defendants and/or agents, servants, employees, and/or others acting within defendants control and without any want of care on the part Plaintiff-decedent was rendered suffered severe pressure ul- Plaintiff-decedent, sick, sore, lame, cers; that plaintiff-decedent suffered injuries, conscious pain and suffering, emotional distress, anxiety and loss of enjoyment of life; that plaintiff-decedent was confined to hospitals and/or of healthcare facilities for an extended period of time; that plaintiff iñcurred and that plain- expenses; tiff was permanently injured. 40. As a result of the foregoing, Plaintiffs demands judgmcñt against the Defendants in an ament that exceed the jurisdictional limits of all lower Courts. THIRD CAUSE OF ACTION 41. The Plaintiff hereby repeats and reiterates each and every allegation contained in paragraphs 1 through 40 inclüsive, with the same force and effect as though set forth more fully herein at length. 42. The Defendants, their agents and employees failed to use ordinary and reasonable care in the of services to the Plaintiff-decedêñt, and in ensuring that the services were delivery 11 of 16 FILED: KINGS COUNTY CLERK 06/11/2021 04:35 PM INDEX NO. 514200/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 and failed to take reasonable precautions to prevent the devel- delivered to the Plaintiff-decedent opment of the Plaintiff-decedent injuries. 43. The Plaintiff-decedent was under a disabiEty that limited his ability to protect him- self from injury and that Defendants, its employees and agents knew of that disability and failure to use reassnable care as would be required for Plaintiff-decedent's safety, especially in light of Defendâñts' claimed