Grace Plaza of Great Neck, Inc., Respondent,
v.
Murray Elbaum, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued August 31, 1993.
Decided October 14, 1993.
Attorney(s) appearing for the Case
Carro, Spanbock, Kaster & Cuiffo, New York City (Joseph D. Pope of counsel), for appellant.
Proskauer Rose Goetz & Mendelsohn, New York City (Steven E. Obus, Edward S. Kornreich and Betsy R. Martin of counsel), for respondent.
Ann E. Fade, New York City, for Choice In Dying, Inc., amicus curiae.
John J. Regan, Hempstead, for the Association of the Bar of the City of New York, amicus curiae.
Meyer, Suozzi, English & Klein, P. C., Mineola (Michael A. Ciaffa of counsel), Rivkin, Radler & Kremer, Uniondale (Evan H. Krinick of counsel), and Russo & Kramer, Westbury (David A. Smith of counsel), for the Coalition of Institutionalized Aged and Disabled, Inc., and others, amici curiae.
James Bopp, Jr., Thomas J. Marzen, Daniel Avila and John Altomare, of the Indiana Bar, admitted pro hac vice, for the Ethics and Advocacy Task Force of the Nursing Home Action Group, amicus curiae.
Melinda Aikins Bass, White Plains, for Nassau County Health Facilities Association, amicus curiae.
O'Connell and Aronowitz, Albany (Cornelius D. Murray, Sarah W. Birn and Pamela A. Nichols of counsel), for the New York State Health Facilities Association, Inc., amicus curiae.
Judges TITONE, HANCOCK, JR., BELLACOSA and SMITH concur with Judge SIMONS; Judges HANCOCK, JR., and BELLACOSA concur in separate opinions; Chief Judge KAYE and Judge LEVINE taking no part.
Court of Appeals of the State of New York.
SIMONS, J.
On September 19, 1986 plaintiff Grace Plaza of Great Neck, a long-term care facility, admitted Jean Elbaum as a patient. She had been transferred from North Shore University Hospital following treatment for a stroke. At the time of her admission to Grace Plaza, Mrs. Elbaum was in a persistent vegetative state and had to be fed through a gastrostomy tube. In October of 1987, her husband, defendant here...
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