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MORISETT v. COOKE HEALTH CTR.

8 Misc.3d 506 (2005)

MARIE MORISETT, Individually and as Administratrix of the Estate of JACQUELINE JEUDY, Deceased, Plaintiff, v. TERENCE CARDINAL COOKE HEALTH CARE CENTER et al., Defendants.

Supreme Court, New York County.

April 27, 2005.

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker, White Plains (Daniel R. Ryan of counsel), for defendants.

Jonathan Ginsberg & Associates, LLP, New York City (Jonathan Ginsberg and Michael P. Mangan of counsel), for plaintiff.

OPINION OF THE COURT

STANLEY L. SKLAR, J.

The principal issue presented is whether plaintiff has stated a cause of action under Public Health Law § 2801-d, which provides a private right of action to nursing home patients injured as a result of a deprivation of any right or benefit established for that patient's well-being by contract or state or federal statute, code, rule or regulation, even if the...

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