SMITH v. NORTHERN MANHATTAN NURSING HOME, INC.

Index No. 805104/14. Appeal No. 14060-14060A. Case No. 2021-00642.

195 A.D.3d 508 (2021)

145 N.Y.S.3d 347

2021 NY Slip Op 03818

Frederick Smith, Respondent, v. Northern Manhattan Nursing Home, Inc., Appellant.

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

Decided June 15, 2021.


Attorney(s) appearing for the Case

Caitlin Robin & Associates, PLLC, New York ( Mark Laughlin of counsel), for appellant.

Jacoby & Meyers, LLP, Newburgh ( Andrew L. Spitz of counsel), for respondent.

Concur—Renwick, J.P., Kern, Singh, Moulton, JJ.


The trial court correctly granted plaintiff's motion for a directed verdict on liability and causation on her Public Health Law § 2801-d and nursing malpractice claims. Plaintiff presented evidence that the decedent was found nonresponsive due to low blood sugar in the morning of October 22, 2011, was left unmonitored for hours thereafter, and was not taken to a hospital until that evening. Plaintiff also presented expert testimony that defendant departed from the standard...

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