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GAYLE v. REGEIS CARE CTR., LLC

Index No. 28615/17E. Appeal No. 13232N. Case No. 2020-01339.

191 A.D.3d 598 (2021)

143 N.Y.S.3d 343

2021 NY Slip Op 01197

Jean Gayle, as Administratrix of the Estate of Clarence Gayle, Deceased, Appellant, v. Regeis Care Center, LLC, et al., Defendants, and Jewish Home Lifecare, Manhattan, et al., Respondents.

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

Decided February 25, 2021.

Attorney(s) appearing for the Case

Parker Waichman LLP, Port Washington ( Jay L.T. Breakstone of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Judy C. Selmeci of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kern, Kennedy, Scarpulla, JJ.

Plaintiff is the wife and Administratrix of her husband's estate. Prior to the decedent's death, plaintiff and her adult daughter, who is a nonparty to this action, brought the decedent to defendant Jewish Home Lifecare's nursing home facility (JHL) to have him admitted into the facility. At the time decedent was presented for admission, a JHL nurse medically evaluated him and found him to be suffering from physical and cognitive impairments such that he was unable to legally...

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