PETRELLA v. FAIRPORT BAPTIST HOME

764 CA 19-02270.

188 A.D.3d 1650 (2020)

132 N.Y.S.3d 350

2020 NY Slip Op 06624

Dianna Petrella, Appellant, v. Fairport Baptist Home, as Operator of Fairport Baptist Homes, Respondent.

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

Decided November 13, 2020.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for pain and suffering arising from a bedsore she developed during a stay at defendant's nursing home. The amended complaint asserted causes of action for negligence and violation of Public Health Law § 2801-d. The matter proceeded to trial, where the jury awarded plaintiff damages of $50,000 for past pain...

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