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FLEMMING v. BARNWELL NURSING

56 A.D.3d 162 (2008)

865 N.Y.S.2d 706

JON FLEMMING, Individually and as the Administrator of the Estate of ELIZABETH LAGAI, Deceased, on Behalf of Himself and All Others Similarly Situated, Respondent, v. BARNWELL NURSING HOME AND HEALTH FACILITIES, INC., Defendant. CAROLINE AHLFORS MOURIS, Appellant; PAUL MACARI, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 16, 2008.

Attorney(s) appearing for the Case

Vandenberg & Feliu, L.L.P., New York City (Michael S. Gruen of counsel), for appellant.

DeGraff, Foy, Kunz & Devine, L.L.P., Albany (David F. Kunz of counsel), for Jon Flemming, respondent.

Martin, Shudt, Wallace, DiLorenzo & Johnson, Troy (Carlo A.C. de Oliveira of counsel), for Paul Macari, respondent.

MERCURE, J.P., PETERS, ROSE and LAHTINEN, concur.

OPINION OF THE COURT

KANE, J.

Plaintiff's decedent was a resident of defendant's skilled nursing facility when she developed septic shock and passed away.

Following her death, the Department of Health (hereinafter DOH) investigated the conditions at defendant's facility and found numerous violations of DOH rules and regulations. After plaintiff commenced this action against defendant and decedent's physician...

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