NAZARIO v. MOUNT SINAI BETH ISRAEL

805623/15. Appeal No. 15406. Case No. 2021-00431.

203 A.D.3d 408 (2022)

160 N.Y.S.3d 588

2022 NY Slip Op 01273

Lisette Nazario, as Administrator of the Estate of Francisca Cruz, Deceased, et al., Respondent-Appellant, v. Mount Sinai Beth Israel et al., Respondents, and Dewitt Rehabilitation and Nursing Center, Inc., et al., Appellants-Respondents.

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

Decided March 1, 2022.


Attorney(s) appearing for the Case

Mauro Lilling Naparty, LLP, Woodbury ( Anthony F. DeStefano of counsel), for DeWitt Rehabilitation and Nursing Center, Inc., appellant-respondent.

Kaufman Borgeest & Ryan LLP, New York ( Eldar Mayouhas of counsel), for Daniel Klein, M.D., appellant-respondent.

The Law Offices of Fishman and Cabrera, Melville ( Robert D. Martin of counsel), for Jessica Silverstein, FNP, appellant-respondent.

Law Office of Robert F. Danzi, Jericho ( Christine Coscia of counsel), for respondent-appellant.

McAloon & Friedman, P.C., New York ( Gina Bernardi Di Folco of counsel), for respondents.

Concur—Gische, J.P., Oing, Kennedy, Mendez, JJ.


Although the anti-hypertensive medication given to decedent following her stroke while admitted to Mt. Sinai was for a limited duration, there is no evidence that her blood pressure rose above a clinically significant level between transfer from Mt. Sinai to sub-acute rehabilitation facility DeWitt. Thus, the opinion of plaintiff's expert that her death was caused by uncontrolled blood pressure is fundamentally flawed in that his premise is contradicted by the record (

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