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FLEMING v. BARNWELL NURSING HOME AND HEALTH FACILITIES, INC.

309 A.D.2d 1132 (2003)

766 N.Y.S.2d 241

JOHN FLEMING, Individually and as Administrator of the Estate of ELIZABETH LAGAI, Deceased, on Behalf of Himself and All Others Similarly Situated, Appellant-Respondent, v. BARNWELL NURSING HOME AND HEALTH FACILITIES, INC., Respondent-Appellant, et al., Defendant.

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

Decided October 30, 2003.

Kane, J.

Plaintiff's decedent was a resident of defendant Barnwell Nursing Home and Health Facilities, Inc. (hereinafter defendant). She developed septic shock from an infection 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 regulations under 10 NYCRR part 415. Plaintiff commenced this action against defendant and decedent's physician alleging...

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