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FILED: CLINTON COUNTY CLERK 06/29/2021 04:18 PM INDEX NO. 2021-00021299
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/29/2021
SUPREME COURT OF THE STATE OF NEW YORK
SUMMONS
COUNTY OF CLINTON
Index No.:
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SHARON G. LAROSE AS EXECUTOR OF
Plaintiffs designate Clinton
THE ESTATE OF DALE LAROSE,
County as the place of trial.
Plaintiff,
The basis of venue is
plaintiff’s residence,
-against-
defendant’s place of business
and the place where the action
CGSR, INC.
arose
Defendant.
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To the above-named Defendant:
You are hereby summoned to answer the complaint in this action, and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance on the plaintiff's attorneys within twenty days after the service of this summons,
exclusive of the day of service, where service is made by delivery upon you personally within
the state, or, within 30 days after completion of service where service is made in any other
manner. In case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the complaint.
Dated: Irvington, New York
June 29, 2021
Jason Platt, Esq.
Doolan Platt & Setareh, LLP
Attorneys for Plaintiff(s)
56 Main Street, Second Floor
Irvington, New York 10533
Tel. 914.478.8900
TO:
CGSR, INC.
80 North Prospect Avenue
Plattsburgh, NY 12901
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CLINTON
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SHARON G. LAROSE AS EXECUTOR OF
THE ESTATE OF DALE LAROSE,
Plaintiff, VERIFIED
COMPLAINT
-against- Index No.:
CGSR, INC.
Defendant.
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Plaintiff by her attorneys, Doolan Platt & Setareh, LLP complaining of the
Defendant, respectfully alleges, upon information and belief, as follows:
1. That at all times hereinafter mentioned, plaintiff’s decedent was a resident of the County
of Clinton, State of New York.
2. That at all times hereinafter mentioned, on 2/22/2021, Dale LaRose died in the County of
Clinton, State of New York.
3. That on May 27, 2021 by the decree of William A. Favreau, a Judge of the Surrogate’s
Court of the County of Clinton, Letters Testamentary were granted to the plaintiff Sharon
G LaRose, as Executor of the Estate of Dale LaRose and said plaintiff herein, there upon
duly qualified and thereafter acted and still acting as Executor.
4. That at all times hereinafter mentioned, plaintiff Sharon G LaRose, brings this action on
behalf of the Estate of the deceased plaintiff Dale LaRose.
5. The term nursing home shall refer to and include CGSR, Inc. and the owners and
operators of the same and any agent, representative, employee, care giver, nurse, director,
doctor, CNA or staff member of the subject facility or corporation.
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6. That at all times hereinafter mentioned, the defendant nursing home was and still is a
Domestic Limited Liability Company, duly organized and existing under and by virtue of
the laws of the State of New York.
7. That at all times hereinafter mentioned, the defendant nursing home, was and still is a
Domestic Business Corporation, duly organized and existing under and by virtue of the
laws of the State of New York.
8. That at all times hereinafter mentioned, the defendant nursing home, was and still is a
Partnership, duly organized and existing under and by virtue of the laws of the State of
New York.
9. That at all times hereinafter mentioned, the defendant nursing home, was and still is a
business, duly organized and existing under and by virtue of the laws of the State of New
York.
10. That at all times hereinafter mentioned, the defendant nursing home, was and still is a
foreign corporation doing business in the State of New York, duly organized and existing
under and by virtue of the laws of the State of New York.
11. That at all times hereinafter mentioned, the defendant nursing home maintained a
principal place of business in the County of Clinton, State of New York.
12. That at all times hereinafter mentioned, defendant CGSR, Inc., owned, operated,
controlled, maintained, managed the premises, appurtenances and fixtures thereto of a
nursing home known as Meadowbrook Healthcare, located at 80 North Prospect Avenue
Plattsburgh, NY 12901.
13. At all times hereinafter mentioned herein, defendant nursing home was and still remains
engaged in the ownership, operation, control, maintenance, and management of a nursing
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home known as Meadowbrook Healthcare located at 80 North Prospect Avenue
Plattsburgh, NY 12901 which was and is governed by the laws and regulations of the
State of New York and Federal law and regulations.
14. At all times hereinafter mentioned, defendant nursing home claimed to provide for the
proper care and safety of the residents therein and which was to provide personnel,
including doctors, nurses, attendants, assistants and others for the proper care of safety
and good treatment of its patients and residents and which held itself out to the public as
furnishing treatment facilities where patients and residents, including, Dale LaRose could
be provided with proper care and safety.
15. At all times hereinafter mentioned herein, defendant nursing home represented that it was
competent to perform and render all the resident care, medical care, treatment, services
and advice required by the plaintiff.
16. At all times hereinafter mentioned herein, defendant nursing home was a proprietary
business engaged in the for-profit operation of a nursing home which claimed to provide
proper care and safety to patients such as plaintiff.
17. At all times relevant, defendant nursing home was operating a residential health care
facility and/or nursing home as defined by the New York State Public Health Law, and
accordingly:
a. Defendant nursing home was under a duty to comply with all obligations set forth
under Article 28 of the Public Health Law.
b. Defendant nursing home was under a duty to comply with 10 NYCRR 415
(nursing homes – minimums standards).
18. The defendant nursing home was and is a participant in Medicare and/or Medicaid
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programs.
19. To participate in Medicare and/or Medicaid programs, nursing homes must be in
compliance with the federal requirements governing nursing homes, as prescribed in the
U.S. Code of Federal Regulations, 42 C.F.R.§483.
20. Defendant nursing home was and is aware that it had/has to be in compliance with the
federal requirements for nursing homes as prescribed in the U.S. Code of Federal
Regulations, 42 C.F.R.§483.
21. At all times hereinafter mentioned, defendant nursing home was subject to the licensing
and regulatory rules of the United States Government and New York State.
22. At all times hereinafter mentioned, defendant nursing home, through its officers,
employees, agents, and staff had a duty to exercise reasonable care, diligence and skill of
nursing home with the same degree of care and skill of nursing homes with the expertise
which defendant was to have and which it advertised to the public.
23. That at all times hereinafter mentioned, Dale LaRose was a resident at defendant’s
facility and under the care of the defendant.
24. That at all times hereinafter mentioned, Defendant nursing home stood in such a
relationship with Dale LaRose as to make it liable for the acts and omissions of its agents,
doctors, nurses, staff and employees.
25. From on or about the first date of admission to the last date of admission, (upon
information and belief, from 9/17/2020 through 2/12/2021) plaintiff’s decedent, Dale
LaRose, was lawfully on the premises of and a resident/patient of defendant nursing
home known as Meadowbrook Healthcare located at 80 North Prospect Avenue
Plattsburgh, NY 12901.
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26. On the above dates defendant nursing home agreed and undertook to care for and treat
Dale LaRose.
27. On the above dates Dale LaRose sought the professional care of Defendant nursing home
for certain medical complaints, the need for rehabilitation and for nursing home care,
including complaints, from which he was suffering, and this Defendant, its agents,
servants and employees took on the responsibility of rendering medical and nursing care,
diagnosis, treatment and services to Dale LaRose.
28. That no negligence on the part of Dale LaRose contributed to the occurrence or injuries.
29. The causes of action alleged herein falls within one or more of the exemptions set forth in
CPLR 1602.
AS AND FOR A FIRST CAUSE OF ACTION IN NEGLIGENCE AGAINST THE
DEFENDANT
30. The above nursing home care, including medical and nursing care, treatment and services
rendered to Dale LaRose by the defendant, through its agents, staff, and/or employees,
was rendered carelessly, unskillfully, negligently, and not in accordance with accepted
standards of care, practice, treatment, and services, including the fact that the defendant
failed to properly assess for the risk of falls/incidents, failed to properly plan for the risks
of falls, and failed to implement proper interventions to prevent falls/incidents.
31. That no negligence on the part of Dale LaRose contributed to the occurrence or injuries.
32. That as a consequence thereof, Dale LaRose was seriously injured, suffering conscious
pain and suffering and death.
33. By reason of the foregoing, Dale LaRose was caused to suffer and sustain severe and
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permanent serious personal injuries, including but not limited to multiple falls, gluteus
maximus hematoma and severe head injury, severe and serious pain and suffering and
mental anguish, fractures and hematomas, and death; plaintiff was caused to expend and
become obligated to expend sums of money for medical services and related expenses
and/or to reimburse collateral source(s), and has thereby been injured and damaged in a
sum which exceeds the jurisdictional limitations of all lower courts which would
otherwise have jurisdiction.
34. That the conduct aforedescribed involved willful malfeasance, neglect, gross negligence,
and recklessness on the part of the defendant.
35. By reason of the above, Dale LaRose has sustained great pain, agony, injury, suffering,
disability, and hospitalization, as well as mental anguish and emotional distress.
36. That as a consequence, the plaintiff demands punitive damages in the sum of TWO
MILLION ($2,000,000.00) DOLLARS.
AS AND FOR A SECOND CAUSE OF ACTION
IN NEGLIGENCE PER SE AGAINST DEFENDANT NURSING HOME
37. Plaintiff repeats and realleges each and every allegation set forth above with the same
force and effect as though set forth herein at length.
38. During the period of Dale LaRose’s residency in the defendant’s nursing home, the
defendant, through its officers, employees, agents and staff, were negligent in the
operation of the facility, and particularly in the care rendered to the resident/patient and
violated 42CFR Part 483.25 of the OBRA regulations and other Federal rules and
regulations and 10 NYCRR Part 415 and other New York State and County rules and
regulations, Federal Statutes, New York State Statutes, and PHL§2801-d and PHL§2803-
c.
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39. As a consequence of the defendant’s failure to adhere to the duties set forth above, as
well as the statutory, licensing and regulatory rules of the United States and the State of
New York, defendant nursing home is liable in negligence per se.
40. The aforesaid legislative commands and administrative regulations are designed to
prevent injury to the class of persons to which Dale LaRose belonged.
41. The aforesaid violations by the defendant were a proximate cause of Dale LaRose‘s
injuries.
42. By reason of the foregoing, Dale LaRose was caused to suffer and sustain severe and
permanent serious personal injuries, including but not limited to multiple falls, severe
head injury, gluteus maximus hematoma, pain, suffering severe and serious pain and
suffering and mental anguish; plaintiff has been caused to expend and become obligated
to expend sums of money for medical services and related expenses and/or to reimburse
collateral source(s) and has thereby been injured and damaged in a sum which exceeds
the jurisdictional limitations of all lower courts which would otherwise have jurisdiction.
43. That the conduct aforedescribed was done in willful and/or reckless disregard of the
lawful rights of the patient.
44. As a consequence thereof, the plaintiff demands punitive damages in the sum of TWO
MILLION (2,000,000.00) DOLLARS.
AS AND FOR A THIRD CAUS E OF ACTION PURSUANT TO PUBLIC HEALTH LAW
SECTION 2801-d AGAINST DEFENDANT NURSING HOME
45. Plaintiff repeats and realleges each and every allegation set forth above with the same
force and effect as though set forth herein at length.
46. During the period of Dale LaRose residency in the defendant’s facility, the defendant,
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through its officers, employees, agents and staff, deprived him/her of certain rights and
benefits set forth by statutes, regulations, and contract and thus violated Public Health
Law Section 2801-d.
47. By reason of the foregoing, Dale LaRose was caused to suffer and sustain personal
injuries, including but not limited to multiple falls, severe head injury, gluteus maximus
hematoma, pain, suffering, mental anguish, a deprivation of rights, fractures and
hematomas, and death; plaintiff has been caused to expend and/or become obligated to
expend sums of money for medical services and related expenses and/or to reimburse
collateral source(s), and has been damaged in a sum which exceeds the jurisdictional
limitations of all lower courts which would otherwise have jurisdiction.
48. By virtue thereof, plaintiff additionally demands as damages attorney’s fees based upon
reasonable value of legal services rendered pursuant to Public Health Law Section 2801-
d.
49. By virtue thereof, plaintiff additionally demands as damages the per diem damages
pursuant to Public Health Law Section 2801-d.
50. As a result of the foregoing, Dale LaRose sustained compensatory damages in excess of
jurisdictional limits of all lower courts.
51. That the conduct aforedescribed was done in willful and/or reckless disregard of the
lawful rights of the patient.
52. As a consequence thereof, the plaintiff demands punitive damages in the sum of TWO
MILLION (2,000,000.00) DOLLARS.
AND FOR A FOURTH CAUSE OF ACTION FOR WRONGFUL DEATH
AGAINST ALL DEFENDANT
53. Plaintiff repeats and realleges each and every allegation set forth above with the same
force and effect as though set forth herein at length.
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54. That because of the actions and/or omissions on the part of the defendant herein, Dale
LaRose died, leaving his spouse and two (2) children.
55. That the conduct aforedescribed involved willful malfeasance, neglect and negligence,
and recklessness on the part of the defendant.
56. As a result of such wrongful death, funeral expenses were incurred and dependents
suffered a loss of guidance and support.
57. By reason of the above, Dale LaRose has sustained great pain, agony, injury, suffering,
disability, and hospitalization, as well as mental anguish and emotional distress.
58. That as a consequence, the plaintiff demands punitive damages in the sum of TWO
MILLION ($2,000,000.00) DOLLARS.
PLEASE TAKE NOTICE, that pursuant to CPLR §2103(b)(5) the plaintiff herein
objects to service of papers via electronic means.
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WHEREFORE, Plaintiff demands judgment against Defendant as follows:
a. On the FIRST CAUSE OF ACTION, negligence, in a sum which exceeds the
jurisdictional limits of all lower courts and punitive damages in the sum of TWO
MILLION ($2,000,000.00) DOLLARS, together with costs, disbursements, and
attorney’s fees in this action;
b. On the SECOND CAUSE OF ACTION, in negligence per se, in a sum which
exceeds the jurisdictional limits of all lower courts and punitive damages in the
sum of TWO MILLION ($2,000,000.00) DOLLARS, together with costs,
disbursements, and attorney’s fees in this action;
c. On the THIRD CAUSE OF ACTION, violation of Public Health Law Section
2801-d, in a sum which exceeds the jurisdictional limits of all lower courts and
punitive damages in the sum of TWO MILLION ($2,000,000.00) DOLLARS,
together with costs, disbursements, and attorney’s fees in this action;
d. On the FOURTH CAUSE OF ACTION, wrongful death, in a sum which exceeds
the jurisdictional limits of all lower courts and punitive damages in the sum of
TWO MILLION ($2,000,000.00) DOLLARS, together with costs, disbursements,
and attorney’s fees in this action;
Dated: Irvington, New York
June 29, 2021
Jason Platt, Esq.
Doolan Platt & Setareh, LLP
Attorneys for Plaintiff(s)
56 Main Street, Second Floor
Irvington, New York 10533
Tel. 914.478.8900
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ATTORNEY'S VERIFICATION
JASON PLATT, an attorney duly admitted to practice before the Courts of the
State of New York, affirms the following to be true under the penalties of perjury:
I am an attorney at Doolan Platt & Setareh, LLP, attorneys of record for Plaintiff, Sharon
G. LaRose I have read the annexed
COMPLAINT
and know the contents thereof, and the same are true to my knowledge, except those matters
therein which are stated to be alleged upon information and belief, and as to those matters. I
believe them to be true. My belief, as to those matters therein not stated upon knowledge, is
based upon facts, records, and other pertinent information contained in my files.
The reason this verification is made by me and not Plaintiff(s) is that Plaintiff(s) is/are
not presently in the county wherein the attorneys for the plaintiff(s) maintain their offices.
Dated: Irvington, New York
June 29, 2021
Jason Platt, Esq.
Doolan Platt & Setareh, LLP
Attorneys for Plaintiff(s)
56 Main Street, Second Floor
Irvington, New York 10533
Tel. 914.478.8900
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Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CLINTON
SHARON G. LAROSE AS EXECUTOR OF
THE ESTATE OF DALE LAROSE,
Plaintiff,
-against-
CGSR, INC.
Defendant.
SUMMONS AND VERIFIED COMPLAINT
Doolan Platt & Setareh, LLP
Attorneys for Plaintiff(s)
56 Main Street, Second Floor
Irvington, New York 10533
914.478.8900
914.478.0100
Service of a copy of the within is hereby admitted
___________________________
Jason Platt, Esq.
Attorney for Plaintiffs
PLEASE TAKE NOTICE
NOTICE OF ENTRY
that the within is a true copy of the SUMMONS AND VERIFIED COMPLAINT
entered in the office of the Clerk of the within named Court on
NOTICE OF SETTLEMENT
that an Order of which is within is a true copy
will be presented for settlement to the Hon. on of the judges of the within named Court,
on
DATED: June 29, 2021
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Preview
FILED: CLINTON COUNTY CLERK 06/29/2021 04:18 PM INDEX NO. 2021-00021299 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/29/2021 SUPREME COURT OF THE STATE OF NEW YORK SUMMONS COUNTY OF CLINTON Index No.: ---------------------------------------------------------------------X SHARON G. LAROSE AS EXECUTOR OF Plaintiffs designate Clinton THE ESTATE OF DALE LAROSE, County as the place of trial. Plaintiff, The basis of venue is plaintiff’s residence, -against- defendant’s place of business and the place where the action CGSR, INC. arose Defendant. ---------------------------------------------------------------------X To the above-named Defendant: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the plaintiff's attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Irvington, New York June 29, 2021 Jason Platt, Esq. Doolan Platt & Setareh, LLP Attorneys for Plaintiff(s) 56 Main Street, Second Floor Irvington, New York 10533 Tel. 914.478.8900 TO: CGSR, INC. 80 North Prospect Avenue Plattsburgh, NY 12901 −1− 1 of 13 FILED: CLINTON COUNTY CLERK 06/29/2021 04:18 PM INDEX NO. 2021-00021299 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/29/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CLINTON ---------------------------------------------------------------------X SHARON G. LAROSE AS EXECUTOR OF THE ESTATE OF DALE LAROSE, Plaintiff, VERIFIED COMPLAINT -against- Index No.: CGSR, INC. Defendant. ---------------------------------------------------------------------X Plaintiff by her attorneys, Doolan Platt & Setareh, LLP complaining of the Defendant, respectfully alleges, upon information and belief, as follows: 1. That at all times hereinafter mentioned, plaintiff’s decedent was a resident of the County of Clinton, State of New York. 2. That at all times hereinafter mentioned, on 2/22/2021, Dale LaRose died in the County of Clinton, State of New York. 3. That on May 27, 2021 by the decree of William A. Favreau, a Judge of the Surrogate’s Court of the County of Clinton, Letters Testamentary were granted to the plaintiff Sharon G LaRose, as Executor of the Estate of Dale LaRose and said plaintiff herein, there upon duly qualified and thereafter acted and still acting as Executor. 4. That at all times hereinafter mentioned, plaintiff Sharon G LaRose, brings this action on behalf of the Estate of the deceased plaintiff Dale LaRose. 5. The term nursing home shall refer to and include CGSR, Inc. and the owners and operators of the same and any agent, representative, employee, care giver, nurse, director, doctor, CNA or staff member of the subject facility or corporation. −2− 2 of 13 FILED: CLINTON COUNTY CLERK 06/29/2021 04:18 PM INDEX NO. 2021-00021299 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/29/2021 6. That at all times hereinafter mentioned, the defendant nursing home was and still is a Domestic Limited Liability Company, duly organized and existing under and by virtue of the laws of the State of New York. 7. That at all times hereinafter mentioned, the defendant nursing home, was and still is a Domestic Business Corporation, duly organized and existing under and by virtue of the laws of the State of New York. 8. That at all times hereinafter mentioned, the defendant nursing home, was and still is a Partnership, duly organized and existing under and by virtue of the laws of the State of New York. 9. That at all times hereinafter mentioned, the defendant nursing home, was and still is a business, duly organized and existing under and by virtue of the laws of the State of New York. 10. That at all times hereinafter mentioned, the defendant nursing home, was and still is a foreign corporation doing business in the State of New York, duly organized and existing under and by virtue of the laws of the State of New York. 11. That at all times hereinafter mentioned, the defendant nursing home maintained a principal place of business in the County of Clinton, State of New York. 12. That at all times hereinafter mentioned, defendant CGSR, Inc., owned, operated, controlled, maintained, managed the premises, appurtenances and fixtures thereto of a nursing home known as Meadowbrook Healthcare, located at 80 North Prospect Avenue Plattsburgh, NY 12901. 13. At all times hereinafter mentioned herein, defendant nursing home was and still remains engaged in the ownership, operation, control, maintenance, and management of a nursing −3− 3 of 13 FILED: CLINTON COUNTY CLERK 06/29/2021 04:18 PM INDEX NO. 2021-00021299 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/29/2021 home known as Meadowbrook Healthcare located at 80 North Prospect Avenue Plattsburgh, NY 12901 which was and is governed by the laws and regulations of the State of New York and Federal law and regulations. 14. At all times hereinafter mentioned, defendant nursing home claimed to provide for the proper care and safety of the residents therein and which was to provide personnel, including doctors, nurses, attendants, assistants and others for the proper care of safety and good treatment of its patients and residents and which held itself out to the public as furnishing treatment facilities where patients and residents, including, Dale LaRose could be provided with proper care and safety. 15. At all times hereinafter mentioned herein, defendant nursing home represented that it was competent to perform and render all the resident care, medical care, treatment, services and advice required by the plaintiff. 16. At all times hereinafter mentioned herein, defendant nursing home was a proprietary business engaged in the for-profit operation of a nursing home which claimed to provide proper care and safety to patients such as plaintiff. 17. At all times relevant, defendant nursing home was operating a residential health care facility and/or nursing home as defined by the New York State Public Health Law, and accordingly: a. Defendant nursing home was under a duty to comply with all obligations set forth under Article 28 of the Public Health Law. b. Defendant nursing home was under a duty to comply with 10 NYCRR 415 (nursing homes – minimums standards). 18. The defendant nursing home was and is a participant in Medicare and/or Medicaid −4− 4 of 13 FILED: CLINTON COUNTY CLERK 06/29/2021 04:18 PM INDEX NO. 2021-00021299 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/29/2021 programs. 19. To participate in Medicare and/or Medicaid programs, nursing homes must be in compliance with the federal requirements governing nursing homes, as prescribed in the U.S. Code of Federal Regulations, 42 C.F.R.§483. 20. Defendant nursing home was and is aware that it had/has to be in compliance with the federal requirements for nursing homes as prescribed in the U.S. Code of Federal Regulations, 42 C.F.R.§483. 21. At all times hereinafter mentioned, defendant nursing home was subject to the licensing and regulatory rules of the United States Government and New York State. 22. At all times hereinafter mentioned, defendant nursing home, through its officers, employees, agents, and staff had a duty to exercise reasonable care, diligence and skill of nursing home with the same degree of care and skill of nursing homes with the expertise which defendant was to have and which it advertised to the public. 23. That at all times hereinafter mentioned, Dale LaRose was a resident at defendant’s facility and under the care of the defendant. 24. That at all times hereinafter mentioned, Defendant nursing home stood in such a relationship with Dale LaRose as to make it liable for the acts and omissions of its agents, doctors, nurses, staff and employees. 25. From on or about the first date of admission to the last date of admission, (upon information and belief, from 9/17/2020 through 2/12/2021) plaintiff’s decedent, Dale LaRose, was lawfully on the premises of and a resident/patient of defendant nursing home known as Meadowbrook Healthcare located at 80 North Prospect Avenue Plattsburgh, NY 12901. −5− 5 of 13 FILED: CLINTON COUNTY CLERK 06/29/2021 04:18 PM INDEX NO. 2021-00021299 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/29/2021 26. On the above dates defendant nursing home agreed and undertook to care for and treat Dale LaRose. 27. On the above dates Dale LaRose sought the professional care of Defendant nursing home for certain medical complaints, the need for rehabilitation and for nursing home care, including complaints, from which he was suffering, and this Defendant, its agents, servants and employees took on the responsibility of rendering medical and nursing care, diagnosis, treatment and services to Dale LaRose. 28. That no negligence on the part of Dale LaRose contributed to the occurrence or injuries. 29. The causes of action alleged herein falls within one or more of the exemptions set forth in CPLR 1602. AS AND FOR A FIRST CAUSE OF ACTION IN NEGLIGENCE AGAINST THE DEFENDANT 30. The above nursing home care, including medical and nursing care, treatment and services rendered to Dale LaRose by the defendant, through its agents, staff, and/or employees, was rendered carelessly, unskillfully, negligently, and not in accordance with accepted standards of care, practice, treatment, and services, including the fact that the defendant failed to properly assess for the risk of falls/incidents, failed to properly plan for the risks of falls, and failed to implement proper interventions to prevent falls/incidents. 31. That no negligence on the part of Dale LaRose contributed to the occurrence or injuries. 32. That as a consequence thereof, Dale LaRose was seriously injured, suffering conscious pain and suffering and death. 33. By reason of the foregoing, Dale LaRose was caused to suffer and sustain severe and −6− 6 of 13 FILED: CLINTON COUNTY CLERK 06/29/2021 04:18 PM INDEX NO. 2021-00021299 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/29/2021 permanent serious personal injuries, including but not limited to multiple falls, gluteus maximus hematoma and severe head injury, severe and serious pain and suffering and mental anguish, fractures and hematomas, and death; plaintiff was caused to expend and become obligated to expend sums of money for medical services and related expenses and/or to reimburse collateral source(s), and has thereby been injured and damaged in a sum which exceeds the jurisdictional limitations of all lower courts which would otherwise have jurisdiction. 34. That the conduct aforedescribed involved willful malfeasance, neglect, gross negligence, and recklessness on the part of the defendant. 35. By reason of the above, Dale LaRose has sustained great pain, agony, injury, suffering, disability, and hospitalization, as well as mental anguish and emotional distress. 36. That as a consequence, the plaintiff demands punitive damages in the sum of TWO MILLION ($2,000,000.00) DOLLARS. AS AND FOR A SECOND CAUSE OF ACTION IN NEGLIGENCE PER SE AGAINST DEFENDANT NURSING HOME 37. Plaintiff repeats and realleges each and every allegation set forth above with the same force and effect as though set forth herein at length. 38. During the period of Dale LaRose’s residency in the defendant’s nursing home, the defendant, through its officers, employees, agents and staff, were negligent in the operation of the facility, and particularly in the care rendered to the resident/patient and violated 42CFR Part 483.25 of the OBRA regulations and other Federal rules and regulations and 10 NYCRR Part 415 and other New York State and County rules and regulations, Federal Statutes, New York State Statutes, and PHL§2801-d and PHL§2803- c. −7− 7 of 13 FILED: CLINTON COUNTY CLERK 06/29/2021 04:18 PM INDEX NO. 2021-00021299 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/29/2021 39. As a consequence of the defendant’s failure to adhere to the duties set forth above, as well as the statutory, licensing and regulatory rules of the United States and the State of New York, defendant nursing home is liable in negligence per se. 40. The aforesaid legislative commands and administrative regulations are designed to prevent injury to the class of persons to which Dale LaRose belonged. 41. The aforesaid violations by the defendant were a proximate cause of Dale LaRose‘s injuries. 42. By reason of the foregoing, Dale LaRose was caused to suffer and sustain severe and permanent serious personal injuries, including but not limited to multiple falls, severe head injury, gluteus maximus hematoma, pain, suffering severe and serious pain and suffering and mental anguish; plaintiff has been caused to expend and become obligated to expend sums of money for medical services and related expenses and/or to reimburse collateral source(s) and has thereby been injured and damaged in a sum which exceeds the jurisdictional limitations of all lower courts which would otherwise have jurisdiction. 43. That the conduct aforedescribed was done in willful and/or reckless disregard of the lawful rights of the patient. 44. As a consequence thereof, the plaintiff demands punitive damages in the sum of TWO MILLION (2,000,000.00) DOLLARS. AS AND FOR A THIRD CAUS E OF ACTION PURSUANT TO PUBLIC HEALTH LAW SECTION 2801-d AGAINST DEFENDANT NURSING HOME 45. Plaintiff repeats and realleges each and every allegation set forth above with the same force and effect as though set forth herein at length. 46. During the period of Dale LaRose residency in the defendant’s facility, the defendant, −8− 8 of 13 FILED: CLINTON COUNTY CLERK 06/29/2021 04:18 PM INDEX NO. 2021-00021299 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/29/2021 through its officers, employees, agents and staff, deprived him/her of certain rights and benefits set forth by statutes, regulations, and contract and thus violated Public Health Law Section 2801-d. 47. By reason of the foregoing, Dale LaRose was caused to suffer and sustain personal injuries, including but not limited to multiple falls, severe head injury, gluteus maximus hematoma, pain, suffering, mental anguish, a deprivation of rights, fractures and hematomas, and death; plaintiff has been caused to expend and/or become obligated to expend sums of money for medical services and related expenses and/or to reimburse collateral source(s), and has been damaged in a sum which exceeds the jurisdictional limitations of all lower courts which would otherwise have jurisdiction. 48. By virtue thereof, plaintiff additionally demands as damages attorney’s fees based upon reasonable value of legal services rendered pursuant to Public Health Law Section 2801- d. 49. By virtue thereof, plaintiff additionally demands as damages the per diem damages pursuant to Public Health Law Section 2801-d. 50. As a result of the foregoing, Dale LaRose sustained compensatory damages in excess of jurisdictional limits of all lower courts. 51. That the conduct aforedescribed was done in willful and/or reckless disregard of the lawful rights of the patient. 52. As a consequence thereof, the plaintiff demands punitive damages in the sum of TWO MILLION (2,000,000.00) DOLLARS. AND FOR A FOURTH CAUSE OF ACTION FOR WRONGFUL DEATH AGAINST ALL DEFENDANT 53. Plaintiff repeats and realleges each and every allegation set forth above with the same force and effect as though set forth herein at length. −9− 9 of 13 FILED: CLINTON COUNTY CLERK 06/29/2021 04:18 PM INDEX NO. 2021-00021299 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/29/2021 54. That because of the actions and/or omissions on the part of the defendant herein, Dale LaRose died, leaving his spouse and two (2) children. 55. That the conduct aforedescribed involved willful malfeasance, neglect and negligence, and recklessness on the part of the defendant. 56. As a result of such wrongful death, funeral expenses were incurred and dependents suffered a loss of guidance and support. 57. By reason of the above, Dale LaRose has sustained great pain, agony, injury, suffering, disability, and hospitalization, as well as mental anguish and emotional distress. 58. That as a consequence, the plaintiff demands punitive damages in the sum of TWO MILLION ($2,000,000.00) DOLLARS. PLEASE TAKE NOTICE, that pursuant to CPLR §2103(b)(5) the plaintiff herein objects to service of papers via electronic means. −10− 10 of 13 FILED: CLINTON COUNTY CLERK 06/29/2021 04:18 PM INDEX NO. 2021-00021299 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/29/2021 WHEREFORE, Plaintiff demands judgment against Defendant as follows: a. On the FIRST CAUSE OF ACTION, negligence, in a sum which exceeds the jurisdictional limits of all lower courts and punitive damages in the sum of TWO MILLION ($2,000,000.00) DOLLARS, together with costs, disbursements, and attorney’s fees in this action; b. On the SECOND CAUSE OF ACTION, in negligence per se, in a sum which exceeds the jurisdictional limits of all lower courts and punitive damages in the sum of TWO MILLION ($2,000,000.00) DOLLARS, together with costs, disbursements, and attorney’s fees in this action; c. On the THIRD CAUSE OF ACTION, violation of Public Health Law Section 2801-d, in a sum which exceeds the jurisdictional limits of all lower courts and punitive damages in the sum of TWO MILLION ($2,000,000.00) DOLLARS, together with costs, disbursements, and attorney’s fees in this action; d. On the FOURTH CAUSE OF ACTION, wrongful death, in a sum which exceeds the jurisdictional limits of all lower courts and punitive damages in the sum of TWO MILLION ($2,000,000.00) DOLLARS, together with costs, disbursements, and attorney’s fees in this action; Dated: Irvington, New York June 29, 2021 Jason Platt, Esq. Doolan Platt & Setareh, LLP Attorneys for Plaintiff(s) 56 Main Street, Second Floor Irvington, New York 10533 Tel. 914.478.8900 −11− 11 of 13 FILED: CLINTON COUNTY CLERK 06/29/2021 04:18 PM INDEX NO. 2021-00021299 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/29/2021 ATTORNEY'S VERIFICATION JASON PLATT, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am an attorney at Doolan Platt & Setareh, LLP, attorneys of record for Plaintiff, Sharon G. LaRose I have read the annexed COMPLAINT and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters. I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. The reason this verification is made by me and not Plaintiff(s) is that Plaintiff(s) is/are not presently in the county wherein the attorneys for the plaintiff(s) maintain their offices. Dated: Irvington, New York June 29, 2021 Jason Platt, Esq. Doolan Platt & Setareh, LLP Attorneys for Plaintiff(s) 56 Main Street, Second Floor Irvington, New York 10533 Tel. 914.478.8900 −12− 12 of 13 FILED: CLINTON COUNTY CLERK 06/29/2021 04:18 PM INDEX NO. 2021-00021299 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/29/2021 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CLINTON SHARON G. LAROSE AS EXECUTOR OF THE ESTATE OF DALE LAROSE, Plaintiff, -against- CGSR, INC. Defendant. SUMMONS AND VERIFIED COMPLAINT Doolan Platt & Setareh, LLP Attorneys for Plaintiff(s) 56 Main Street, Second Floor Irvington, New York 10533 914.478.8900 914.478.0100 Service of a copy of the within is hereby admitted ___________________________ Jason Platt, Esq. Attorney for Plaintiffs PLEASE TAKE NOTICE NOTICE OF ENTRY that the within is a true copy of the SUMMONS AND VERIFIED COMPLAINT entered in the office of the Clerk of the within named Court on NOTICE OF SETTLEMENT that an Order of which is within is a true copy will be presented for settlement to the Hon. on of the judges of the within named Court, on DATED: June 29, 2021 −13− 13 of 13