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ESTREICH v. JEWISH HOME LIFECARE

10590. 450176/16.

178 A.D.3d 543 (2019)

114 N.Y.S.3d 341

2019 NY Slip Op 08970

Marta Michelle Estreich, Appellant, v. Jewish Home Lifecare et al., Defendants, and New York-Presbyterian Hospital et al., Respondents.

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

Decided December 17, 2019.

Attorney(s) appearing for the Case

The Jacob D. Fuchsberg Law Firm, LLP, New York ( Walter Osuna of counsel), for appellants.

Martin Clearwater & Bell LLP, New York ( Jean M. Post of counsel), for New York-Presbyterian Hospital, respondent.

Georgia M. Pestana , Acting Corporation Counsel, New York ( Eva L. Jerome of counsel), for New York City Health and Hospitals Corporation, respondent.

Concur—Gische, J.P., Mazzarelli, Singh, Moulton, JJ.

The record presents issues of fact as to whether plaintiff's decedent experienced "some level of cognitive awareness" during her admissions to defendant facilities (see Sanchez v City of New York, 97 A.D.3d 501, 506 [1st Dept 2012]). Defendants' experts opined that the decedent did not have cognitive awareness or the ability to experience conscious pain during the relevant periods. These experts relied on notations in the...

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