LOSAK v. ST. JAMES REHABILITATION & HEALTHCARE CTR.

2018-04997. Index No. 64528/14.

199 A.D.3d 671 (2021)

156 N.Y.S.3d 406

2021 NY Slip Op 05961

Vira Ellen Losak, Respondent, v. St. James Rehabilitation & Healthcare Center, Appellant.

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

Decided November 3, 2021.


Attorney(s) appearing for the Case

Sheeley, LLP, New York, NY ( Daniel J. Slomnicki of counsel), for appellant.

Krentsel Guzman & Herbert, LLP, New York, NY ( Marcia Raicus of counsel), for respondent.

Rivera, J.P., Austin, Connolly and Ford, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing so much of the complaint as alleged a failure to provide the plaintiff's decedent with a bed alarm is granted.

The plaintiff's decedent was admitted to the defendant rehabilitation center, St. James Rehabilitation & Healthcare Center (hereinafter St. James), for short-term rehabilitation at age...

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