JACKSON v. NORTHERN MANHATTAN NURSING HOME, INC.

Index No. 158942/16. Appeal No. 15222. Case No. 2021-01643.

202 A.D.3d 439 (2022)

158 N.Y.S.3d 575

2022 NY Slip Op 00723

Patricia Jackson, as Administrator of the Estate of Erwin Burt, Deceased, et al., Appellants, v. Northern Manhattan Nursing Home, Inc., Respondent.

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

Decided February 3, 2022.


Attorney(s) appearing for the Case

Hogan & Cassell, LLP, Jericho ( Michael Cassell of counsel), for appellants.

Caitlin Robin & Associates, PLLC, New York ( Mindy J. Betita of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Mendez, Higgitt, JJ.


Defendant made a prima facie showing that it was not liable for the decedent's injuries and death under Public Health Law § 2801-d(1) through the affirmation of its nursing expert, who opined that defendant did not violate the various federal and state regulations set forth in plaintiff's bill of particulars. In opposition, plaintiff failed to raise an issue of fact, because her expert did not address any rules or regulations that were violated (see Gold v Park Ave...

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