VILLANI v. KINGS HARBOR MULTICARE CENTER

303672/09. Appeal No. 12876-12876A. Case No. 2019-5835. 2020-00700.

190 A.D.3d 534 (2021)

140 N.Y.S.3d 32

2021 NY Slip Op 00244

Vincent L. Villani, as Administrator of the Estate of Ralph A. Villani, Deceased, Respondent, v. Kings Harbor Multicare Center et al., Appellants, et al., Defendants.

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

Decided January 14, 2021.


Attorney(s) appearing for the Case

Martin Clearwater & Bell LLP, East Meadow ( Gregory A. Cascino of counsel), for Kings Harbor Multicare Center, appellant.

Kaufman Borgeest & Ryan LLP, Valhalla ( David Bloom of counsel), for Albert Einstein-Jack D. Weiler Hospital, appellant.

Mischel & Horn, P.C., New York ( Scott T. Horn of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, Kapnick, Singh, Mendez, JJ.


Defendants established their prima facie entitlement to judgment as a matter of law through the records of treatment provided to plaintiff's decedent and the affirmations of their experts, who opined, inter alia, that appropriate care was provided to manage decedent's multiple conditions, including vascular disease with arterial insufficiency, chronic renal disease secondary to diabetes, myocardial infarction, congestive heart failure with acute pulmonary edema, and a history...

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