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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---- X
MILES WEINBLOOM, as ADMINISTRATOR OF
THE ESTATE OF ALYSE WEINBLOOM, and SUMMONS
MILES WE1NBLOOM, Individually,
INDEX NO.:
Plaintiff,
-against-
CNH OPERATING, LLC, d/b/a THE CHATEAU AT
BROOKLYN REHABILITATION & NURS1NG
CENTER, CARERITE CENTERS, LLC, and MARCO
ALBIAN, M.D.,
Defendants.
___ ----.....----....·--------- X
TO THE ABOVE NAMED DEFENDANT(s):
YOU ARE HEREBY SUMMONED to answer the complaint in this action, and
to serve your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance on plaintiffs attorneys within 20 days after service of this summons, exclusive of the
day of service or within 30 days after service is complete if this summons is not personally
delivered to you within the State of New York. In case of your failure to añswer, Judgment will
be taken against you by default for the relief dm·añded in the Complaint.
Plaintiff designates Kings County as the place of trial. The basis of the venue designated is
26*
plaintiff's residence. Plaintiff resides at 2155 East Street, Brooklyn, NY 11229.
Dated: New York, New York Yours, etc.,
October 25, 2018
THE O'CO R LAW FIRM
By: Brian J. O nnor
Attorney for Plaintiff
39 Broadway, Suite 1450
New York, New York 10006
(212) 566-4868
DEFENDANTS'
ADDRESSES:
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CNH OPERATING, LLC,
d/b/a THE CHATEAU AT BROOKLYN REHABILITATION & NURSING CENTER
23d
1076 East Street
Brooklyn, New York 11210
CARERITE CENTERS, LLC
180 Sylvan Avenue
Englewood Cliffs, New Jersey 07632
MARCO ALBIAN, M.D.
3457 Nostrand Avenue
Brooklyn, New York 11229
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
______________ _________________________________-----------X
MILES WEINBLOOM, as ADMINISTRATOR OF
THE ESTATE OF ALYSE WEINBLOOM, and VERIFIED COMPLAINT
MILES WEINBLOOM, Individually,-
Index No.:
Plaintiff,
-against-
CNH OPERATING, LLC, d/b/a THE CHATEAU AT
BROOKLYN REHABILITATION & NURSING
CENTER, CARERITE CENTERS, LLC and MARCO
ALBIAN, M.D.,
Defendants.
__ ___-----------------X
Plaintiff, MILES WEINBLOOM, as ADMINISTRATOR OF THE ESTATE OF ALYSE
WEINBLOOM and MILES WE1NBLOOM, Indvidually, by his attorneys, THE O'CONNOR
LAW FIRM, enmpl=.ining of the defendants herein, respectfully shows to this Court, and alleges
as follows:
FIRST CAUSE OF ACTION
1. That at all times hereinafter mentioned, the plaintiff was and still is a resident of
the County of Kings, City and State of New York.
2. That at all times hereinafter meñtioned and upon information and belief, the
defendant, CNH OPERATING, LLC, d/b/a THE CHATEAU AT BROOKLYN
REHABILITATION & NURS1NG CENTER (hereinafter "CHATEAU") was and still is a
domestic limited liability company orgãñized and existing under and by virtue of the Laws of the
State of New York, having its principal place of business located at 3457 Nostrand Avenue,
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Brooklyn, New York 11229.
3. That at all times hereinafter menHenad and upon information and belief, the
defendant, CARERITE CENTERS, LLC (herciñafter "CARERITE") was and still is a domestic
limited liability company organized and existing under and by virtue of the Laws of the State of
New York, having its principal place of business located at 180 Sylvan Avenue, Englewood
Cliffs, New Jersey 07632.
4. That at all times hereinafter mentioned and upon information and belief, the
defeñdãñt, CHATEAU was and still is authorized to do business as a nursing home and
rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229.
5. That at all times hereinafter mentioned and upon information and belief, the
defeñdant, CARERITE CENTERS, LLC (hereinafter "CARERITE") owned, operated, managed,
maintained, controlled and supervised numerous rehabilitation and nursing centers, including
defendant CHATEAU.
6. That at all times hereinafter mentioned and upon information and belief, the
defendant, CARERITE was and still is authorized to do business as a nursing home and
rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229.
7. That at all times herein mentioned, the Defedant CHATEAU, owned a nursing
home and rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229.
8. That at all times herein mentioned, the Defendant CARERITE, owned a nursing
home and rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229.
9. That at all times herein mentioned, the Defendant CHATEAU was the lessee of a
nursing home and rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York
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11229.
10. That at all times herein mentioned, the Defcndant CARERITE was the lessee of a
nursing home and rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York
11229.
11. That at all times herein mentioned, the Defendant CHATEAU managed, operated,
maintained, and controlled a nursing home and rehabilitation center located at 3457 Nostrand
Avenue, Brooklyn, New York 11229.
12. That at all times herein mentioned, the Defendant CARERITE managed,
operated, resistained, and controlled a nursing home and rehabilitation center located at 3457
Nostrand Avenue, Brooklyn, New York 11229.
13. That at all times herein mentioned, the Defendant CHATEAU conducted business
as a nursing home and adult care facility located at 3457 Nostrand Avenue, Brooklyn, New York
112291icensed and defined under New York Public Health Law 2801(2).
14. That at all times herein mentioned, the Defendant CARERITE conducted business
as a nursing home and adult care facility located at 3457 Nostrand Avenue, Brooklyn, New York
11229 licensed and defined under New York Public Health Law 2801(2).
15. That at all times herein mentione4 the Defendant CHATEAU was a facility
providing nursing care and rehabilitation services to sick, invalid, infirmed, disabled or
convalescent persons in addition to lodging and board or health related services pursuant to New
York Public Health Law 2801(2).
16. That at all times herein mentioned, the Defendant CARERITE was a facility
providing nursing care and rehabilitation services to sick, invalid, infirmed, disabled or
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convalescent persons in addition to lodging and board or health related services pursuant to New
York Public Health Law 2801(2).
17. That at all times herein mentioned, the Defendant CHATEAU was a residential
health care facility as defined in New York Public Health Law 2801(3).
18. That at all times herein mentioned, the Defendant CARERITE was a residential
health care facility as defined in New York Public Health Law 2801(3).
19. That at all times herein mentioned, the Defendant CHATEAU was a residential
health care facility within the meaning of New York Public Health Law 2801-d.
20. That at all times herein mentioned, the Defendant CARERITE was a residential
health care facility within the meaning of New York Public Health Law 2801-d.
21. That at all times herein mationed, defendant, MARCO ALBIAN, M.D. was an
employee of the defendant, CHATEAU.
22. That at all times herein metioned, defendant, MARCO ALBIAN, M.D. was an
employee of the defendant, CARERITE.
23. That at all times herein mentioned, defendant, MARCO ALBIAN, M.D. was and
is a physician duly licensed in the State of New York.
24. That at all times herein mentioned, defendant, MARCO ALBIAN, M.D was
acting as an agent, servant, and employee of defendant, CHATEAU.
25. That at all times herein mentioned, defendant, MARCO ALBIAN, M.D was
acting as an agent, servant, and employee of defendant, CARERITE.
26. Each and all of the acts of the defendant MARCO ALBIAN, M.D alleged herein
were performed by said defendant while acting within the scope of his employment.
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27. That at all times herein metioned, defendant, CHATEAU held itself out as being
qualified, empetent and capable with conditions as those presented by ALYSE WEINBLOOM
(hereinafter "decedent").
28. That at all tinies herein mentioned, defendant, CARERITE held itself out as being
qualified, empetent and capable with con&tions as those presented by ALYSE WEINBLOOM
(hereinafter "decedent").
29. That at all times herein mentioned, defendant, MARCO ALBIAN, M.D, held
himself out as being qualified, compMet and capable with conditions as those presented by the
decedent herein.
30. That at all times herein mêñtioned, decedêñt, ALYSE WEINBLOOM, sought the
professional care of the defendant, CHATEAU, for certain medical complaints and the need for
rehabilitation, physical therapy and care.
31. That at all times herein mentioned, decedent, ALYSE WEINBLOOM, sought the
professional care of the defendant, CARERITE, for certain medical complaints and the need for
rehabilitation, physical therapy and care.
32. That on October 16, 2017 through November 5, 2017, decedent, ALYSE
WEINBLOOM was admitted to and was a resident at defendant CHATEAU'S facility.
33. That on October 16, 2017 through November 5, 2017, decedeñt, ALYSE
WE1NBLOOM was admitted to and was a resident at defendant CARERITE'S facility.
34. That on October 16, 2017 through November 5, 2017, decceeñt, ALYSE
WE1NBLOOM was admitted to and was a patient at defendant CHATEAU'S facility.
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35. That on October 16, 2017 through November 5, 2017, decedeñt, ALYSE
WEINBLOOM was admitted to and was a patient at defendarit CARERITE'S facility.
36. That on October 16, 2017 through November 5, 2017, decedent, ALYSE
WEINBLOOM, came under the care, custody and management of defedant, CHATEAU.
37. That on October 16, 2017 through November 5, 2017, decedent, ALYSE
WEINBLOOM, came under the care, custody and management of defendant, CARERITE.
38. That on or about October 16, 2017 through November 5, 2017, defendant,
CHATEAU, assigned the defendant MARCO ALBIAN, M.D to provide medical care, treatment,
and services to decedent, ALYSE WEINBLOOM, who came under the care, custody and
management of defendant, MARCO ALBIAN, M.D.
39. That on or about October 16, 2017 through November 5, 2017, defendant,
CARERITE, assigned the defendant MARCO ALBIAN, M.D to provide medical care, treatment,
and services to decedent, ALYSE WEINBLOOM, who came under the care, custody and
management of defendant, MARCO ALBIAN, M.D.
40. That at all times herein mentioned, defendants, CHATEAU, CARERITE and
MARCO ALBIAN, M.D did undertake to assess, evaluate, diagnose, monitor and treat decedeñt
and had a duty to provide decedent with reasonably safe and proper treatment, care and services.
41. That at all times herein mentioned, defendants, CHATEAU, CARERITE and
MARCO ALBIAN, M.D, did undertake to provide medical, nursing and rehabilitation care,
treatment and services to the decedent.
42. That during the decedent's care, custody and management by the dcf-ñd-.ñts,
CHATEAU, CARERITE and MARCO ALBIAN, M.D, the decedent, ALYSE WEINBLOOM
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was caused to suffer serious injuries and damages.
43. That at all times mentioned, the medical and nursing care, treatmat, and services
rendered to decedent, ALYSE WEINBLOOM by the defendants CHATEAU, CARERITE and
MARCO ALBIAN, M.D, their agents, servants, employees and those acting under their
direction, supervision and control, were negligently, recklessly, improperly and carelessly
performed and were rendered in a manner which departed from good and accepted standards of
medical, nursing, physical therapy and rehabilitative care, service and practices then and there
prevailing and constituted malpractice thereby causing decedent, ALYSE WEINBLOOM, to
sustain serious injuries and damages.
44. That the injuries sustained by decedent were caused solely by reason of the
negligence, gross negligence, malpractice, recEessness and callous disregard on the part of the
defendants and without any negligence on the part of the decedent or plaintiff contributing
thereto.
45. That at all times hereinafter mentioned, defendants had a duty to provide patients
and the decedent, in particular, with reasonably safe and proper treatment, care and services.
46. That defendant, CHATEAU, is vicariously liable for the acts and/or omissions of
its employees, servants, agents, and those acting under its direction, control and supervision,
including, but not limited to the acts and/or omissions of the defendant, MARCO ALBIAN,
M.D.
47. That defeñdant, CARERITE, is vicariously liable for the acts and/or omissions of
its employees, servants, agents, and those acting under its direction, control and supervision,
including, but not limited to the acts and/or omissions of the defendant, MARCO ALBIAN,
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M.D.
48. The aforesaid negligence, carelessness, recklessness, gross negligence,
malpractice, willful, wanton and otherwise culpable acts and/or omissions of the defendants was
a proximate cause of the injuries, pain, suffering, the loss of enjoyment of life, and other adverse
consequêñces that the decedent and plaintiff has sustained and/or will sustain.
49. That by reason of the foregoing and the negligence, gross negligence,
recklessness, carcicaancas and malpractice of the defendants, the decedent, ALYSE
WEINBLOOM, was seriously injured and suffered great physical pain and great bodily and
mental injuries including conscious pain and suffering and died as a result of defendants actions
and omissions on November 6, 2017.
50. That by reason of the foregoing, the decedent was compelled to and did
necessañ1y require medical aid and ãttention, and plaintiff did necessarily pay and become liable
therefore, for medicines, treatment and care.
51. The limitations of liability set forth in Article 16 of the CPLR do not apply
because one or more of the exceptions found in CPLR 1602 applies.
52. That as a result of the foregoing, the plaintiff has been damaged in an amount
which exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
"1"
53. Plaintiff repeats and realleges each and every allegation of paragraphs
"52"
through with the same force and effect as if fully set forth herein.
54. That at all times herein mentioned, defendant, CHATEAU was a facility subject
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to the provisions of the New York Public Health Law, including, but not limited to seenons
2801-d, 2803-c and 2801(2).
55. That at all times herein mentioned, defendant, CARERITE was a facility subject
to the provisions of the New York Public Health Law, including, but not limited to seenons
2801-d, 2803-c and 2801(2).
56. That at all times herein mentioned, defendant, CHATEAU was a facility subject
to the provisions as set forth in 42 USC 1395 et. seq., 42 CFR Part 483 et. seq. and 10 NYCRR
415 et. seq.
57. That at all times herein mentioned, defendant, CARERITE was a facility subject
to the provisions as set forth in 42 USC 1395 et. seq., 42 CFR Part 483 et. seq. and 10 NYCRR
415 et. seq.
58. That at all times herein menHoned, decedent was under the exclusive care,
custody control and management of the defendants, CHATEAU.
59. That at all times herein mentioned, decedent was under the exclusive care,
custody control and management of the defendants, CARERITE.
60. That at all times herein mentioned, decedent's injuries were proximately caused
by the violations of her rights by defendant, CHATEAU, as a resident pursuant to New York
Public Health Law 2801-d, and enumerated in New York Public Health Law 2803-c and the
provisions as set forth in 42 USC 1395 et. seq., 42 CFR Part 483 et. seq. and 10 NYCRR 415 et.
seq.
61. That at all times herein mennoned, decedent's injuries were proximately caused
by the violations of her rights by defendant, CARERITE, as a resident pursuant to New York
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Public Health Law 2801-d, and enumerated in New York Public Health Law 2803-c and the
provisions as set forth in 42 USC 1395 et. seq., 42 CFR Part 483 et. seq. and 10 NYCRR 415 et.
seq.
62. That at all times herein mentioned, defendant, CHATEAU, had a statutorily
mandated responsibility and duty to provide decedet, ALYSE WEINBLOOM, with the rights
granted to a nursing home resident pursuant to New York Public Health Law 2801-d and
enumerated in New York Public Health Law 2803-c and the provisions as set forth in 42 USC
1395 et. seq., 42 CFR Part 483 et. seq. and 10 NYCRR 415 et. seq.
63. That at all times herein mentioned, defendant, CARERITE, had a statutorily
mandated responsibility and duty to provide decedeñt, ALYSE WEINBLOOM, with the rights
granted to a nursing home resident pursuant to New York Public Health Law 2801-d and
- enumerated in New York Public Health Law 2803-c and the provisions as set forth in 42 USC
1395 et. seq., 42 CFR Part 483 et. seq. and 10 NYCRR 415 et. seq.
64. That at all times herein mentioned, defendant, CHATEAU'S responsibilities,
obligations and duties are non-delegable and defendant has direct and/or vicarious for
liability
violations and deprivations of such duties by any persons or entity under defendant's control,
direct or indirect, including its employees, agents, consultants and independent contractors.
65. That at all times herein mentioned, defendañt, CARERITE'S responsibilities,
obligations and duties are non-delegable and defendant has direct and/or vicarious for
Preview
FILED: KINGS COUNTY CLERK 10/25/2018 06:04 PM INDEX NO. 521579/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---- X MILES WEINBLOOM, as ADMINISTRATOR OF THE ESTATE OF ALYSE WEINBLOOM, and SUMMONS MILES WE1NBLOOM, Individually, INDEX NO.: Plaintiff, -against- CNH OPERATING, LLC, d/b/a THE CHATEAU AT BROOKLYN REHABILITATION & NURS1NG CENTER, CARERITE CENTERS, LLC, and MARCO ALBIAN, M.D., Defendants. ___ ----.....----....·--------- X TO THE ABOVE NAMED DEFENDANT(s): YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on plaintiffs attorneys within 20 days after service of this summons, exclusive of the day of service or within 30 days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to añswer, Judgment will be taken against you by default for the relief dm·añded in the Complaint. Plaintiff designates Kings County as the place of trial. The basis of the venue designated is 26* plaintiff's residence. Plaintiff resides at 2155 East Street, Brooklyn, NY 11229. Dated: New York, New York Yours, etc., October 25, 2018 THE O'CO R LAW FIRM By: Brian J. O nnor Attorney for Plaintiff 39 Broadway, Suite 1450 New York, New York 10006 (212) 566-4868 DEFENDANTS' ADDRESSES: 1 of 20 FILED: KINGS COUNTY CLERK 10/25/2018 06:04 PM INDEX NO. 521579/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 CNH OPERATING, LLC, d/b/a THE CHATEAU AT BROOKLYN REHABILITATION & NURSING CENTER 23d 1076 East Street Brooklyn, New York 11210 CARERITE CENTERS, LLC 180 Sylvan Avenue Englewood Cliffs, New Jersey 07632 MARCO ALBIAN, M.D. 3457 Nostrand Avenue Brooklyn, New York 11229 2 of 20 FILED: KINGS COUNTY CLERK 10/25/2018 06:04 PM INDEX NO. 521579/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ______________ _________________________________-----------X MILES WEINBLOOM, as ADMINISTRATOR OF THE ESTATE OF ALYSE WEINBLOOM, and VERIFIED COMPLAINT MILES WEINBLOOM, Individually,- Index No.: Plaintiff, -against- CNH OPERATING, LLC, d/b/a THE CHATEAU AT BROOKLYN REHABILITATION & NURSING CENTER, CARERITE CENTERS, LLC and MARCO ALBIAN, M.D., Defendants. __ ___-----------------X Plaintiff, MILES WEINBLOOM, as ADMINISTRATOR OF THE ESTATE OF ALYSE WEINBLOOM and MILES WE1NBLOOM, Indvidually, by his attorneys, THE O'CONNOR LAW FIRM, enmpl=.ining of the defendants herein, respectfully shows to this Court, and alleges as follows: FIRST CAUSE OF ACTION 1. That at all times hereinafter mentioned, the plaintiff was and still is a resident of the County of Kings, City and State of New York. 2. That at all times hereinafter meñtioned and upon information and belief, the defendant, CNH OPERATING, LLC, d/b/a THE CHATEAU AT BROOKLYN REHABILITATION & NURS1NG CENTER (hereinafter "CHATEAU") was and still is a domestic limited liability company orgãñized and existing under and by virtue of the Laws of the State of New York, having its principal place of business located at 3457 Nostrand Avenue, 3 of 20 FILED: KINGS COUNTY CLERK 10/25/2018 06:04 PM INDEX NO. 521579/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 Brooklyn, New York 11229. 3. That at all times hereinafter menHenad and upon information and belief, the defendant, CARERITE CENTERS, LLC (herciñafter "CARERITE") was and still is a domestic limited liability company organized and existing under and by virtue of the Laws of the State of New York, having its principal place of business located at 180 Sylvan Avenue, Englewood Cliffs, New Jersey 07632. 4. That at all times hereinafter mentioned and upon information and belief, the defeñdãñt, CHATEAU was and still is authorized to do business as a nursing home and rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229. 5. That at all times hereinafter mentioned and upon information and belief, the defeñdant, CARERITE CENTERS, LLC (hereinafter "CARERITE") owned, operated, managed, maintained, controlled and supervised numerous rehabilitation and nursing centers, including defendant CHATEAU. 6. That at all times hereinafter mentioned and upon information and belief, the defendant, CARERITE was and still is authorized to do business as a nursing home and rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229. 7. That at all times herein mentioned, the Defedant CHATEAU, owned a nursing home and rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229. 8. That at all times herein mentioned, the Defendant CARERITE, owned a nursing home and rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229. 9. That at all times herein mentioned, the Defendant CHATEAU was the lessee of a nursing home and rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 4 of 20 FILED: KINGS COUNTY CLERK 10/25/2018 06:04 PM INDEX NO. 521579/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 11229. 10. That at all times herein mentioned, the Defcndant CARERITE was the lessee of a nursing home and rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229. 11. That at all times herein mentioned, the Defendant CHATEAU managed, operated, maintained, and controlled a nursing home and rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229. 12. That at all times herein mentioned, the Defendant CARERITE managed, operated, resistained, and controlled a nursing home and rehabilitation center located at 3457 Nostrand Avenue, Brooklyn, New York 11229. 13. That at all times herein mentioned, the Defendant CHATEAU conducted business as a nursing home and adult care facility located at 3457 Nostrand Avenue, Brooklyn, New York 112291icensed and defined under New York Public Health Law 2801(2). 14. That at all times herein mentioned, the Defendant CARERITE conducted business as a nursing home and adult care facility located at 3457 Nostrand Avenue, Brooklyn, New York 11229 licensed and defined under New York Public Health Law 2801(2). 15. That at all times herein mentione4 the Defendant CHATEAU was a facility providing nursing care and rehabilitation services to sick, invalid, infirmed, disabled or convalescent persons in addition to lodging and board or health related services pursuant to New York Public Health Law 2801(2). 16. That at all times herein mentioned, the Defendant CARERITE was a facility providing nursing care and rehabilitation services to sick, invalid, infirmed, disabled or 5 of 20 FILED: KINGS COUNTY CLERK 10/25/2018 06:04 PM INDEX NO. 521579/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 convalescent persons in addition to lodging and board or health related services pursuant to New York Public Health Law 2801(2). 17. That at all times herein mentioned, the Defendant CHATEAU was a residential health care facility as defined in New York Public Health Law 2801(3). 18. That at all times herein mentioned, the Defendant CARERITE was a residential health care facility as defined in New York Public Health Law 2801(3). 19. That at all times herein mentioned, the Defendant CHATEAU was a residential health care facility within the meaning of New York Public Health Law 2801-d. 20. That at all times herein mentioned, the Defendant CARERITE was a residential health care facility within the meaning of New York Public Health Law 2801-d. 21. That at all times herein mationed, defendant, MARCO ALBIAN, M.D. was an employee of the defendant, CHATEAU. 22. That at all times herein metioned, defendant, MARCO ALBIAN, M.D. was an employee of the defendant, CARERITE. 23. That at all times herein mentioned, defendant, MARCO ALBIAN, M.D. was and is a physician duly licensed in the State of New York. 24. That at all times herein mentioned, defendant, MARCO ALBIAN, M.D was acting as an agent, servant, and employee of defendant, CHATEAU. 25. That at all times herein mentioned, defendant, MARCO ALBIAN, M.D was acting as an agent, servant, and employee of defendant, CARERITE. 26. Each and all of the acts of the defendant MARCO ALBIAN, M.D alleged herein were performed by said defendant while acting within the scope of his employment. 6 of 20 FILED: KINGS COUNTY CLERK 10/25/2018 06:04 PM INDEX NO. 521579/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 27. That at all times herein metioned, defendant, CHATEAU held itself out as being qualified, empetent and capable with conditions as those presented by ALYSE WEINBLOOM (hereinafter "decedent"). 28. That at all tinies herein mentioned, defendant, CARERITE held itself out as being qualified, empetent and capable with con&tions as those presented by ALYSE WEINBLOOM (hereinafter "decedent"). 29. That at all times herein mentioned, defendant, MARCO ALBIAN, M.D, held himself out as being qualified, compMet and capable with conditions as those presented by the decedent herein. 30. That at all times herein mêñtioned, decedêñt, ALYSE WEINBLOOM, sought the professional care of the defendant, CHATEAU, for certain medical complaints and the need for rehabilitation, physical therapy and care. 31. That at all times herein mentioned, decedent, ALYSE WEINBLOOM, sought the professional care of the defendant, CARERITE, for certain medical complaints and the need for rehabilitation, physical therapy and care. 32. That on October 16, 2017 through November 5, 2017, decedent, ALYSE WEINBLOOM was admitted to and was a resident at defendant CHATEAU'S facility. 33. That on October 16, 2017 through November 5, 2017, decedeñt, ALYSE WE1NBLOOM was admitted to and was a resident at defendant CARERITE'S facility. 34. That on October 16, 2017 through November 5, 2017, decceeñt, ALYSE WE1NBLOOM was admitted to and was a patient at defendant CHATEAU'S facility. 7 of 20 FILED: KINGS COUNTY CLERK 10/25/2018 06:04 PM INDEX NO. 521579/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 35. That on October 16, 2017 through November 5, 2017, decedeñt, ALYSE WEINBLOOM was admitted to and was a patient at defendarit CARERITE'S facility. 36. That on October 16, 2017 through November 5, 2017, decedent, ALYSE WEINBLOOM, came under the care, custody and management of defedant, CHATEAU. 37. That on October 16, 2017 through November 5, 2017, decedent, ALYSE WEINBLOOM, came under the care, custody and management of defendant, CARERITE. 38. That on or about October 16, 2017 through November 5, 2017, defendant, CHATEAU, assigned the defendant MARCO ALBIAN, M.D to provide medical care, treatment, and services to decedent, ALYSE WEINBLOOM, who came under the care, custody and management of defendant, MARCO ALBIAN, M.D. 39. That on or about October 16, 2017 through November 5, 2017, defendant, CARERITE, assigned the defendant MARCO ALBIAN, M.D to provide medical care, treatment, and services to decedent, ALYSE WEINBLOOM, who came under the care, custody and management of defendant, MARCO ALBIAN, M.D. 40. That at all times herein mentioned, defendants, CHATEAU, CARERITE and MARCO ALBIAN, M.D did undertake to assess, evaluate, diagnose, monitor and treat decedeñt and had a duty to provide decedent with reasonably safe and proper treatment, care and services. 41. That at all times herein mentioned, defendants, CHATEAU, CARERITE and MARCO ALBIAN, M.D, did undertake to provide medical, nursing and rehabilitation care, treatment and services to the decedent. 42. That during the decedent's care, custody and management by the dcf-ñd-.ñts, CHATEAU, CARERITE and MARCO ALBIAN, M.D, the decedent, ALYSE WEINBLOOM 8 of 20 FILED: KINGS COUNTY CLERK 10/25/2018 06:04 PM INDEX NO. 521579/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 was caused to suffer serious injuries and damages. 43. That at all times mentioned, the medical and nursing care, treatmat, and services rendered to decedent, ALYSE WEINBLOOM by the defendants CHATEAU, CARERITE and MARCO ALBIAN, M.D, their agents, servants, employees and those acting under their direction, supervision and control, were negligently, recklessly, improperly and carelessly performed and were rendered in a manner which departed from good and accepted standards of medical, nursing, physical therapy and rehabilitative care, service and practices then and there prevailing and constituted malpractice thereby causing decedent, ALYSE WEINBLOOM, to sustain serious injuries and damages. 44. That the injuries sustained by decedent were caused solely by reason of the negligence, gross negligence, malpractice, recEessness and callous disregard on the part of the defendants and without any negligence on the part of the decedent or plaintiff contributing thereto. 45. That at all times hereinafter mentioned, defendants had a duty to provide patients and the decedent, in particular, with reasonably safe and proper treatment, care and services. 46. That defendant, CHATEAU, is vicariously liable for the acts and/or omissions of its employees, servants, agents, and those acting under its direction, control and supervision, including, but not limited to the acts and/or omissions of the defendant, MARCO ALBIAN, M.D. 47. That defeñdant, CARERITE, is vicariously liable for the acts and/or omissions of its employees, servants, agents, and those acting under its direction, control and supervision, including, but not limited to the acts and/or omissions of the defendant, MARCO ALBIAN, 9 of 20 FILED: KINGS COUNTY CLERK 10/25/2018 06:04 PM INDEX NO. 521579/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 M.D. 48. The aforesaid negligence, carelessness, recklessness, gross negligence, malpractice, willful, wanton and otherwise culpable acts and/or omissions of the defendants was a proximate cause of the injuries, pain, suffering, the loss of enjoyment of life, and other adverse consequêñces that the decedent and plaintiff has sustained and/or will sustain. 49. That by reason of the foregoing and the negligence, gross negligence, recklessness, carcicaancas and malpractice of the defendants, the decedent, ALYSE WEINBLOOM, was seriously injured and suffered great physical pain and great bodily and mental injuries including conscious pain and suffering and died as a result of defendants actions and omissions on November 6, 2017. 50. That by reason of the foregoing, the decedent was compelled to and did necessañ1y require medical aid and ãttention, and plaintiff did necessarily pay and become liable therefore, for medicines, treatment and care. 51. The limitations of liability set forth in Article 16 of the CPLR do not apply because one or more of the exceptions found in CPLR 1602 applies. 52. That as a result of the foregoing, the plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION "1" 53. Plaintiff repeats and realleges each and every allegation of paragraphs "52" through with the same force and effect as if fully set forth herein. 54. That at all times herein mentioned, defendant, CHATEAU was a facility subject 10 of 20 FILED: KINGS COUNTY CLERK 10/25/2018 06:04 PM INDEX NO. 521579/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 to the provisions of the New York Public Health Law, including, but not limited to seenons 2801-d, 2803-c and 2801(2). 55. That at all times herein mentioned, defendant, CARERITE was a facility subject to the provisions of the New York Public Health Law, including, but not limited to seenons 2801-d, 2803-c and 2801(2). 56. That at all times herein mentioned, defendant, CHATEAU was a facility subject to the provisions as set forth in 42 USC 1395 et. seq., 42 CFR Part 483 et. seq. and 10 NYCRR 415 et. seq. 57. That at all times herein mentioned, defendant, CARERITE was a facility subject to the provisions as set forth in 42 USC 1395 et. seq., 42 CFR Part 483 et. seq. and 10 NYCRR 415 et. seq. 58. That at all times herein menHoned, decedent was under the exclusive care, custody control and management of the defendants, CHATEAU. 59. That at all times herein mentioned, decedent was under the exclusive care, custody control and management of the defendants, CARERITE. 60. That at all times herein mentioned, decedent's injuries were proximately caused by the violations of her rights by defendant, CHATEAU, as a resident pursuant to New York Public Health Law 2801-d, and enumerated in New York Public Health Law 2803-c and the provisions as set forth in 42 USC 1395 et. seq., 42 CFR Part 483 et. seq. and 10 NYCRR 415 et. seq. 61. That at all times herein mennoned, decedent's injuries were proximately caused by the violations of her rights by defendant, CARERITE, as a resident pursuant to New York 11 of 20 FILED: KINGS COUNTY CLERK 10/25/2018 06:04 PM INDEX NO. 521579/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 Public Health Law 2801-d, and enumerated in New York Public Health Law 2803-c and the provisions as set forth in 42 USC 1395 et. seq., 42 CFR Part 483 et. seq. and 10 NYCRR 415 et. seq. 62. That at all times herein mentioned, defendant, CHATEAU, had a statutorily mandated responsibility and duty to provide decedet, ALYSE WEINBLOOM, with the rights granted to a nursing home resident pursuant to New York Public Health Law 2801-d and enumerated in New York Public Health Law 2803-c and the provisions as set forth in 42 USC 1395 et. seq., 42 CFR Part 483 et. seq. and 10 NYCRR 415 et. seq. 63. That at all times herein mentioned, defendant, CARERITE, had a statutorily mandated responsibility and duty to provide decedeñt, ALYSE WEINBLOOM, with the rights granted to a nursing home resident pursuant to New York Public Health Law 2801-d and - enumerated in New York Public Health Law 2803-c and the provisions as set forth in 42 USC 1395 et. seq., 42 CFR Part 483 et. seq. and 10 NYCRR 415 et. seq. 64. That at all times herein mentioned, defendant, CHATEAU'S responsibilities, obligations and duties are non-delegable and defendant has direct and/or vicarious for liability violations and deprivations of such duties by any persons or entity under defendant's control, direct or indirect, including its employees, agents, consultants and independent contractors. 65. That at all times herein mentioned, defendañt, CARERITE'S responsibilities, obligations and duties are non-delegable and defendant has direct and/or vicarious for