FRIEDMAN v. HEBREW HOME FOR AGED AT RIVERDALE

15249N

131 A.D.3d 421 (2015)

13 N.Y.S.3d 896

2015 NY Slip Op 06478

DAVID FRIEDMAN, Respondent, v. THE HEBREW HOME FOR THE AGED AT RIVERDALE, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided August 11, 2015.


Plaintiff brought this action alleging negligence after his mother was injured at defendant's facility. Defendant seeks to stay the action pending arbitration, pursuant to the arbitration clause in the admission agreement that plaintiff executed in placing his mother in its care. Contrary to the motion court's finding, the arbitration clause is not invalidated by Public Health Law § 2801-d ("Private actions by patients of residential health care facilities"). Because...

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