WASSERBERG v. MENORAH CENTER FOR REHABILITATION AND NURSING CARE

2018-14103. Index No. 13851/14.

197 A.D.3d 1130 (2021)

153 N.Y.S.3d 479

2021 NY Slip Op 04923

Craig Wasserberg, Appellant-Respondent, v. Menorah Center for Rehabilitation and Nursing Care, Respondent-Appellant.

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

Decided September 1, 2021.


Attorney(s) appearing for the Case

Burns & Harris, New York, NY ( Seth A. Harris , Brian J. Isaac , and Judith F. Stempler of counsel), for appellant-respondent.

Vaslas Lepowsky Hauss & Danke LLP (Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success, NY [ Christopher Simone and Lena Holubnyczyj ], of counsel), for respondent-appellant.

Chambers, J.P., Brathwaite Nelson, Christopher and Zayas, JJ., concur.


Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The plaintiff commenced this action against the defendant after the plaintiff's decedent, Nathan Wasserberg, choked on a piece of meat, went into cardiac arrest, lapsed into a comatose state, and died several weeks later. At the conclusion of the trial, the jury rendered a verdict in favor of the plaintiff finding...

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