MURRAY v. CENTRAL IS. HEALTHCARE

2019-11080. Index No. 604740/16.

205 A.D.3d 1036 (2022)

169 N.Y.S.3d 118

2022 NY Slip Op 03393

Carol Murray, as Executrix of the Estate of Maybritt Pellerito, Deceased, Appellant, v. Central Island Healthcare, Respondent.

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

Decided May 25, 2022.


Attorney(s) appearing for the Case

Dell & Dean PLLC ( Joseph G. Dell and Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Lauren E. Bryant ], of counsel), for appellant.

Kaufman Borgeest & Ryan LLP, Garden City, NY ( Jacqueline Mandell , of counsel), for respondent.

Barros, J.P., Rivera, Chambers and Miller, JJ., concur.


Ordered that the order is affirmed, with costs.

Maybritt Pellerito (hereinafter the decedent) died from advanced gangrene and septic shock after sustaining a fall while recuperating from knee replacement surgery at the defendant physical rehabilitation center. The plaintiff, the decedent's daughter, as the administrator of her mother's estate, commenced this action, inter alia, to recover damages for medical malpractice and wrongful death against the defendant. In...

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