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CORTEZ v. TERRENCE CARDINAL COOKE HEALTH CTR.

Index No. 20485/15E. Appeal No. 14580-14580A. Case Nos. 2021-00079, 2021-01228.

199 A.D.3d 450 (2021)

158 N.Y.S.3d 22

2021 NY Slip Op 06078

Ernesto Cortez, as Administrator of the Estate of Juana Cortez, Deceased, Appellant, v. Terrence Cardinal Cooke Health Center, Respondent.

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

Decided November 9, 2021.

Attorney(s) appearing for the Case

Bamundo Zwal Schermerhorn & Caffrey, LLP, New York ( Ben Bartolotta of counsel), for appellant.

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

Concur—Manzanet-Daniels, J.P., Oing, Moulton, Scarpulla, JJ.

The medical record established that plaintiff's decedent was admitted to Terrence Cardinal Cooke Health Center (TCC), a nursing and rehabilitation center, for short-term rehabilitation following a spinal compression fracture. During her three-month admission period at TCC, decedent, among other things, became so malnourished and dehydrated as to develop acute kidney injury. She died approximately three months after being transferred out of TCC. Plaintiff, as administrator...

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