FILED: BRONX COUNTY CLERK 05/01/2023 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 806735/2023E
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`RECEIVED NYSCEF: 05/01/2023
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`Index No.:
`Filed:
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`-------------------------------------------------------------------------X
`RACHEL GOLDSTEIN, as Administratrix of the Estate
`of JAY GOLDSTEIN, Deceased,
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`SUMMONS
` Plaintiff,
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`Plaintiff designates
` -against-
`Bronx County as the place of
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`trial based on Defendant’s
`HEBREW HOME FOR THE AGED AT RIVERDALE,
`address
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` Defendant.
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`-------------------------------------------------------------------------X
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`To the above-named Defendant:
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`You are hereby summoned to answer the complaint in this action, and to serve a copy of
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`your answer, or if the complaint is not served with this summons, to serve a notice of appearance
`on the Plaintiff's attorney(s) within twenty days after the services of this summons exclusive of the
`day of service, where service is made by delivery upon you personally within the state, or within
`30 days after completion of service where service is made in any other manner. In case of your
`failure to appear or answer, judgment will be taken against you by default for the relief demanded
`in the complaint.
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`The relief sought is monetary damages
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`Upon your failure to appear judgment will be taken against you by default in such a sum
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`as a jury would find fair, adequate and just.
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`Dated: Uniondale, New York
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` May 1, 2023
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`pg. 1
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`1 of 27
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`FILED: BRONX COUNTY CLERK 05/01/2023 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 806735/2023E
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`RECEIVED NYSCEF: 05/01/2023
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`TO:
`
`
`HEBREW HOME FOR THE AGED AT RIVERDALE
`5901 Palisade Avenue
`Bronx, NY 10471
`And at
`c/o Secretary of State
`41 State Street
`Albany, NY 12231
`
`
`THE CORPORATION
`ATTN: PRESIDENT
`5901 Palisade Avenue
`Bronx, NY 10471
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`2 of 27
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`FILED: BRONX COUNTY CLERK 05/01/2023 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 806735/2023E
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`RECEIVED NYSCEF: 05/01/2023
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`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF BRONX
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`----------------------------------------------------------------------X
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`RACHEL GOLDSTEIN, as Administratrix of the Estate
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`of JAY GOLDSTEIN, Deceased,
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`VERIFIED COMPLAINT
`
` Plaintiff,
`Index No.:
`
`
` -against- Filed:
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`HEBREW HOME FOR THE AGED AT RIVERDALE,
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` Defendant.
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`----------------------------------------------------------------------X
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` Plaintiffs, by their attorneys, DUFFY & DUFFY, PLLC, complaining of Defendant,
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`allege as follows:
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`NATURE OF THE ACTION
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`
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`1.
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`Plaintiff, RACHEL GOLDSTEIN as Administratrix of the Estate of JAY
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`GOLDSTEIN Deceased, brings this action against HEBREW HOME FOR THE AGED AT
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`RIVERDALE (“Defendant”), a nursing home located at 5901 Palisade Avenue, Riverdale, NY
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`10471, (the “Facility”), on behalf of plaintiff-decedent, JAY GOLDSTEIN, who was victimized
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`by unsafe and inadequate care in the Facility. Defendant’s unlawful conduct violated Sections
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`2801- d and 2803 of New York’s Public Health Law (“PHL”), as well as various state and federal
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`regulations and statutes that set minimum practice standards for nursing homes in New York.
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`Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) is known and documented to
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`cause a debilitating and deadly disease, the Coronavirus Disease 2019 ("COVID-19").
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`
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`2.
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`Defendant was entrusted to provide care to the elderly and infirm nursing home
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`residents in its custody. Unfortunately, Defendant betrayed and continues to betray that trust.
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`Defendant willfully and recklessly failed to take proper precautions to prevent the spread of
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`infections prior to and during the COVID-19 pandemic. As a direct and foreseeable consequence
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`pg. 3
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`3 of 27
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`FILED: BRONX COUNTY CLERK 05/01/2023 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 806735/2023E
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`RECEIVED NYSCEF: 05/01/2023
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`of Defendant's failures, as of April 14, 2022, there were a minimum of sixty-one (61) confirmed or
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`suspected and forty (40) presumed COVID-related deaths at HEBREW HOME FOR THE AGED
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`AT RIVERDALE1, as well as twenty-seven (27) resident deaths outside of the facility caused by
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`COVID-19 contracted within HEBREW HOME FOR THE AGED AT RIVERDALE.
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`3.
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`Moreover, upon information and belief, Defendant, HEBREW HOME FOR THE
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`AGED AT RIVERDALE, intentionally misrepresented the number of infected residents and
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`number of deaths cause by COVID-19.
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`4.
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`HEBREW HOME FOR THE AGED AT RIVERDALE deprived its residents,
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`including Plaintiff-decedent, of their rights in violation of the following statutes:
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`42 CFR §483.80 Infection Control: The facility must establish and maintain an
`infection prevention and control program designed to provide a safe, sanitary and
`comfortable environment and to help prevent the development and transmission of
`communicable diseases and infections.
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`§483.80(a) Infection prevention and control program. The facility must establish
`an infection prevention and control program (IPCP) that must include, at a
`minimum, the following elements:
`
`
`reporting,
`identifying,
`for preventing,
`system
`§483.80(a)(1) A
`investigating, and controlling infections and communicable diseases for all
`residents, staff, volunteers, visitors, and other individuals providing services
`under a contractual arrangement based upon the facility assessment
`conducted according to §483.70(e) and following accepted national
`standards;
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`§483.80(a)(2) Written standards, policies, and procedures for the program,
`which must include, but are not limited to:
`
`
`(i)
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`A system of surveillance designed to identify possible
`communicable diseases or infections before they can spread to
`other persons in the facility;
`(ii) When and to whom possible incidents of communicable disease
`or infections should be reported;
`Standard and transmission-based precautions to be followed to
`prevent spread of infections;
`(iv) When and how isolation should be used for a resident; including
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`1 https://www.health.ny.gov/statistics/diseases/covid-19/fatalities_nursing_home_acf.pdf
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`(iii)
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`4 of 27
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`FILED: BRONX COUNTY CLERK 05/01/2023 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 806735/2023E
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`RECEIVED NYSCEF: 05/01/2023
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`but not limited to:
`(A) The type and duration of the isolation, depending upon
`the infectious agent or organism involved, and
`(B) A requirement that the isolation should be the least
`restrictive possible for the resident under the circumstances.
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`
`
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`
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`(v)
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`(vi)
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`The circumstances under which the facility must prohibit
`employees with a communicable disease or infected skin
`lesions from direct contact with residents or their food, if direct
`contact will transmit the disease; and
`The hand hygiene procedures to be followed by staff involved
`in direct resident contact.
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`§483.80(a)(4) A system for recording incidents identified under the facility's IPCP
`and the corrective actions taken by the facility.
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`§483.80(e) Linens. Personnel must handle, store, process, and transport linens so
`as to prevent the spread of infection.
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`§483.80(f) Annual review. The facility will conduct an annual review of its IPCP
`and update their program, as necessary.
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`5.
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`Accordingly, Plaintiffs, assert a cause of action against Defendant for violation of
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`PHL § 2801-d and seek monetary damages in an amount to be determined at trial, statutory
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`damages in accordance with PHL § 2801-d(2), wrongful death damages, as well as any other
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`available relief at law or in equity.
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`6.
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`Plaintiff, RACHEL GOLDSTEIN, sues on behalf of her father, JAY
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`PARTIES
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`GOLDSTEIN, who was a resident of the Facility from on or about April 22, 2019, to the date of
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`his death, May 12, 2020.
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`
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`7. On May 12, 2020, Plaintiff-decedent, JAY GOLDSTEIN, died.
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`8. On October 13, 2022, RACHEL GOLDSTEIN was appointed as Administrator
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`of the Estate of JAY GOLDSTEIN by the Surrogate’s Court of Bronx County.
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`5 of 27
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`pg. 5
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`FILED: BRONX COUNTY CLERK 05/01/2023 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 806735/2023E
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`RECEIVED NYSCEF: 05/01/2023
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`9. At all times herein mentioned, Defendant, HEBREW HOME FOR THE AGED
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`AT RIVERDALE, was and still is a Domestic Proprietary Business Corporation (for profit) duly
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`organized and existing under and by virtue of the laws of the State of New York.
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`JURISDICTION AND VENUE
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`10.
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`This Court has jurisdiction over all causes of action asserted herein. Defendant is subject
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`to the personal jurisdiction of this Court pursuant to CPLR 301.
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`
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`11.
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`Defendant has conducted and does conduct business in the State of New York, including
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`the operation of the Facility.
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`
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`12.
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`Venue is proper in this County pursuant to CPLR 503(b) because Plaintiff resides in this
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`County.
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`13.
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`Venue is also proper in this County pursuant to CPLR 503(c) as HEBREW HOME FOR
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`THE AGED AT RIVERDALE’s principal place of business is 5901 Palisade Avenue, Riverdale, NY
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`10471.
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`
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`FACTUAL BACKGROUND
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`14. In an effort to protect the vulnerable nursing home population, ensure that their
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`rights are enforced, and provide them with a form of legal recourse which would not otherwise be
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`economically feasible, the New York State Legislature enacted PHL §§ 2801-d and 2803-c.
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`15.
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`Predating the enactment of PHL §§ 2801-d and 2803-c, “the public’s confidence in
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`the State’s ability to protect its most defenseless citizens, the aged and infirm, had been destroyed by
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`a series of dramatic disclosures highlighting the abuses of nursing home care in their State.” See
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`Governor’s Memoranda, Nursing Home Operations, McKinney’s 1975 Session Laws of New York,
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`p.1764. In Governor Carey’s letter to the Legislature accompanying the bills for PHL §§ 2801-d and
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`2803-c, he stated that these bills were “designed to deal directly with the most serious immediate
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`6 of 27
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`FILED: BRONX COUNTY CLERK 05/01/2023 09:58 AM
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`INDEX NO. 806735/2023E
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`RECEIVED NYSCEF: 05/01/2023
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`problems which have been uncovered with respect to the nursing home industry.”2 The Sponsor’s
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`Memorandum relating to PHL § 2803-c and the transcripts of the Senate debates indicate that the
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`purpose of the statute was to establish certain minimum standards for the care of nursing home
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`Residents. See Governor’s Bill Jacket for Chapter 648 of the Laws of 1975; Senate Debate
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`Transcripts, 1975, Chapter 648 Transcripts, pp.4521, 4525. The term “residential health care facility”
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`was intentionally used by the Legislature in an effort to curb abuses in the nursing home industry.3
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`
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`16.
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`The Commission’s Summary Report specifically indicated that PHL § 2801-d creates
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`a cause of action for a patient of a facility which deprived the patient “of rights or benefits created for
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`his well-being by federal or state law or pursuant to contract” which resulted in injury to the patient.
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`The Commission stated that this statute “introduce[s] a degree of equality between nursing homes and
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`their otherwise vulnerable and helpless residents and, through private litigation brought by residents,
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`provides a supplemental mechanism for the enforcement of existing standards of care.”
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`
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`17.
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`The Legislative Memorandum “Nursing Home–Health Care Facilities–Actions by
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`Residents” relating to PHL § 2801-d observes that nursing home residents “are largely helpless and
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`isolated,” that many are “without occasional visitors,” and that “[m]ost cannot afford attorneys,” and
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`therefore the bill provides nursing home residents “with increased powers to enforce their rights to
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`adequate treatment and care by providing them with a private right of action to sue for damages and
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`other relief and enabling them to bring such suits as class actions.” See McKinney’s Session Laws of
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`New York, 1975 pp.1685-86. That memorandum states that the proposed PHL § 2801-d “creates
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`incentives which would encourage private non-governmental parties (i.e., plaintiffs’ attorneys) to help
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`protect the rights of nursing home Residents.” Id.
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`2 See Morisett v. Terence Cardinal Cooke Health Care Ctr., 8 Misc.3d 506, 509 (Sup. Ct. N.Y. Cnty.2005).
`3 See Town of Massen v. Whalen, 72 A.D.2d 838 (3rd Dep’t 1979).
`
`pg. 7
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`7 of 27
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`FILED: BRONX COUNTY CLERK 05/01/2023 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 806735/2023E
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`RECEIVED NYSCEF: 05/01/2023
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`
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`18.
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`This action seeks to address the injustices that caused the Legislature to enact PHL §
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`2801-d. As alleged in more detail below, Defendant have violated and continue to violate their
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`statutory obligations by failing to provide, among other things, adequate infection control, supervision,
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`treatment, dignity, hygiene, and medical attention.
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`
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`STATEMENT OF FACTS
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`19.
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`Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) is known and
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`documented to cause a debilitating and deadly disease, the Coronavirus Disease 2019 ("COVID-
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`19").
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`
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`20. COVID-19 (also commonly referred to as “coronavirus”) can and has spread rapidly
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`in long-term residential care facilities and persons with chronic underlying medical conditions are at
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`greater risk for COVID-19.
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`21.
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`This action is commenced due to Defendant’s gross negligence and reckless
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`misconduct in failing to create, maintain and implement a system for preventing, identifying,
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`reporting, investigating, and controlling infections and communicable diseases for all residents, staff,
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`volunteers, visitors, and other individuals, and Defendant’s failure to adequately care for and protect
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`its elderly and vulnerable residents, which caused the death of the decedent, JAY GOLDSTEIN, and
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`at least one hundred twenty-seven (127) other residents from COVID-19 infections.
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`
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`22.
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`In 2016, The Centers for Medicare and Medicaid Services (CMS) added new
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`regulations which should have resulted in robust emergency preparedness and infection control
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`programs at New York nursing homes (The Emergency Preparedness Final Rule, 82 Fed. Reg. 63860,
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`September 16, 2016, referred to as the 2016 “Final Rule”).
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`23.
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`The Final Rule required HEBREW HOME FOR THE AGED AT RIVERDALE to
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`create and implement a comprehensive emergency preparedness program by November 2017.
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`8 of 27
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`FILED: BRONX COUNTY CLERK 05/01/2023 09:58 AM
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`INDEX NO. 806735/2023E
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`RECEIVED NYSCEF: 05/01/2023
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`24.
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`The Final Rule required HEBREW HOME FOR THE AGED AT RIVERDALE to
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`create and implement the infection control regulations by November 28, 2019.
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`25.
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`42 CFR § 483.70(e) requires that HEBREW HOME FOR THE AGED AT
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`RIVERDALE conduct a facility wide assessment "to determine what resources are necessary to care
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`for its residents competently during both day-to-day operations and emergencies."
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`26.
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`New York State law, 10 NYCRR 415.19 - "Infection Control", requires that HEBREW
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`HOME FOR THE AGED AT RIVERDALE "maintain an infection control program designed to
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`provide a safe, sanitary, and comfortable environment in which residents reside and to help prevent
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`the development and transmission of disease and infection"; "investigates, controls and takes action
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`to prevent infections in the facility"; and "determines what procedures such as isolation and universal
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`precautions should be utilized for an individual resident and implements the appropriate procedures".
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`27.
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`Federal law, including CFR 483.65, further mandates that HEBREW HOME FOR
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`THE AGED AT RIVERDALE maintain an appropriate Infection Prevention and Control Program,
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`properly train its staff, and that the facility maintain and utilize sufficient Personal Protective
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`Equipment ("PPE"), including gloves, gowns and masks.
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`28.
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`In or about January 2020, and likely earlier, Defendant was made aware of COVID-19
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`spreading world-wide and nationally that causes severe medical distress and death in individuals who
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`contracted the disease, especially the elderly.
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`29. On February 1, 2019, CMS issued a memorandum specifically requiring HEBREW
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`HOME FOR THE AGED AT RIVERDALE and all other New York nursing homes to include
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`infectious diseases as part of the preparing, planning and training related to the emergency plan.
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`30.
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`On February 6, 2020, CMS issued written memoranda to HEBREW HOME FOR
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`THE AGED AT RIVERDALE advising that COVID-19 infections can rapidly appear and spread,
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`9 of 27
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`pg. 9
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`FILED: BRONX COUNTY CLERK 05/01/2023 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 806735/2023E
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`RECEIVED NYSCEF: 05/01/2023
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`and facilities must take steps to prepare for this, including reviewing their infection control policies
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`and practices to prevent the spread of infection. CMS confirmed that nursing homes had prior notice,
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`including from prior recent public health events such as the Ebola virus, 2009 pandemic HlNl
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`influenza, and Zika outbreaks, of the critical need for nursing homes to be prepared by planning for
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`infectious disease response. CMS stated that this includes being prepared with appropriate personal
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`protective equipment (PPE) use and availability, such as gloves, gowns, respirators, and eye
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`protection, and training of staff and employees in infection control.4
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`31.
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`In addition, prior to the coronavirus emergency in New York, on February 6, 2020,
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`HEBREW HOME FOR THE AGED AT RIVERDALE, was placed on notice by Centers for
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`Medicare & Medicaid Services that coronavirus infections can rapidly appear and spread, and that it
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`was critical that the nursing home be prepared by planning for infectious disease response, including
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`having sufficient PPE available, as well as ensuring appropriate training of its employees and staff
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`regarding PPE use.
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`32.
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`The claims against Defendant asserted herein are premised on deprivations of residents'
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`rights afforded pursuant to Public Health Law sec. 2801-d, negligence, gross negligence, and wrongful
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`death. Plaintiff seeks recovery of punitive damages from Defendant based upon its grossly negligent
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`and reckless actions in failing to protect residents from harm.
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`33.
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`Plaintiff-decedent, JAY GOLDSTEIN, was admitted to Defendant's facility on or
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`about April 22, 2019 – May 12, 2020.
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`34.
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`From April 22, 2019 – May 12, 2020, HEBREW HOME FOR THE AGED AT
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`RIVERDALE intentionally and with reckless disregard for the rights and well-being of JAY
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`GOLDSTEIN , failed to timely and properly isolate residents known to be infected with COVID-19,
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`4Information for Healthcare Facilities Concerning 2019 Novel Coronavirus Illness (2019-nCoV)
`https ://www.cms.gov/files/document/gso-20-09-all.pdf
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`10 of 27
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`FILED: BRONX COUNTY CLERK 05/01/2023 09:58 AM
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`INDEX NO. 806735/2023E
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`RECEIVED NYSCEF: 05/01/2023
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`failed to properly and timely test residents and staff for COVID-19, failed to appropriately train its
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`staff in the use of PPE and infection control interventions, and failed to ensure staff members exposed
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`to residents infected with COVID-19 did not work with residents not infected with COVID-19.
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`35.
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`From April 22, 2019 – May 12, 2020, HEBREW HOME FOR THE AGED AT
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`RIVERDALE failed to timely and properly recognize and act upon JAY GOLDSTEIN’s signs and
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`symptoms of infection from COVID-19, including fever, hypertension, tachypnea, and hypoxia.
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`36.
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`As a direct result of HEBREW HOME FOR THE AGED AT RIVERDALE’s
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`failures, JAY GOLDSTEIN was infected with COVID-19, developed respiratory distress, and
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`experienced cardiopulmonary arrest, which resulted in his untimely death on May 12, 2020.
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`37.
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`Prior to the arrival of COVID-19, HEBREW HOME FOR THE AGED AT
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`RIVERDALE failed to provide proper infection prevention and control procedures, and despite being
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`armed with knowledge of prior public health infection events, failed to take steps to prepare to prevent
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`the spread of future infections.
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`38.
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`Despite the notice provided by CMS, the CDC, its own prior failures, and the media,
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`HEBREW HOME FOR THE AGED AT RIVERDALE, continued its pattern of reckless and
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`grossly negligence infection control failures at the Facility throughout the COVID-19 time period by
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`co-mingling residents infected with and/or showing signs and symptoms of COVID-19 with residents
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`who were not infected with the virus; failing to properly and timely test residents and staff for COVID-
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`19, failing to appropriately train its staff in the use of PPE and infection control interventions, and
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`failing to ensure staff members exposed to residents infected with COVID-19 did not work with
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`residents not infected with COVID-19.
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`11 of 27
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`pg. 11
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`FILED: BRONX COUNTY CLERK 05/01/2023 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 806735/2023E
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`RECEIVED NYSCEF: 05/01/2023
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`39.
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`As a direct and foreseeable consequence of such failures, Plaintiff JAY GOLDSTEIN
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`sustained loss, damages, injury and death, and survivors of residents similarly situated also suffered
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`loss and damages as a direct consequence of the same.
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`
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`40.
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`As set forth below, the claims asserted herein are premised on violations of residents'
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`rights laws pursuant to Public Health Law sec. 2801-d, negligence and gross negligence, and wrongful
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`death. Plaintiff also seeks recovery for punitive damages from Defendant based upon the
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`aforementioned causes of action, and conduct that was grossly reckless, willful, and wanton.
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`The Facility Is Unsafe and The Conditions To Which Its
`Residents Are Subjected Violate Numerous Statutes.
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`
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`41. Conditions at the Facility were unsafe and violative of applicable laws, rules, and
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`regulations, and the care provided to plaintiff-decedent, JAY GOLDSTEIN was inadequate.
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`42. Defendant failed to promote the care for its residents in a manner that maintains or
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`enhances each resident’s dignity and respect in full recognition of their individuality and in
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`contravention of applicable federal and New York State laws, rules, and regulations.
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`43. Among other failures, Defendant failed and continue to fail to provide sufficient infection
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`control policies to provide the nursing and related services necessary to attain and maintain an effective
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`infection control program. A resident’s right to an effective infection control program is one of the
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`most important rights protected by the New York and federal statutes.
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`44. Defendant subjected plaintiff-decedent, JAY GOLDSTEIN, to indignities and other
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`harms that were the direct result of inadequate infection control protocols at the Facility, including but
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`not limited to: infrequent and inadequate turning and repositioning; no response or long response times
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`to call lights; failing to provide adequate showers; lack of assistance with grooming and bathing;
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`inadequate attention to toileting needs, resulting in plaintiff-decedent, JAY GOLDSTEIN remaining
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`in his own urine and fecal matter for extended periods of time; lack of assistance with eating; failure
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`12 of 27
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`FILED: BRONX COUNTY CLERK 05/01/2023 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 806735/2023E
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`RECEIVED NYSCEF: 05/01/2023
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`to provide fluids as needed; lack of assistance with dressing; and being confined to their beds without
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`removal for long periods. Indeed, plaintiff-decedent, JAY GOLDSTEIN and his family have suffered
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`due to the Facility’s failure to communicate effectively with its residents and families, even in some
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`instances, failing to communicate their loved ones were infected or showing signs or symptoms of
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`COVID-19.
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`45. As a result of Defendant’s inadequate care, JAY GOLDSTEIN sustained personal
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`injuries and endured conscious pain and suffering.
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`46. Defendant’ failure to satisfy its obligations pursuant to federal and New York law,
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`particularly the obligation to provide an effective infection control program, economically injured
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`plaintiff-decedent, JAY GOLDSTEIN by depriving him of the benefit of the services for which he
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`paid Defendant, namely, nursing home services with, at the least, an infection control program to
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`satisfy the minimum requirements of New York and federal law.
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`FIRST CAUSE OF ACTION PUBLIC HEALTH LAW § 2801-d
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`47.
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`Plaintiffs repeat, reiterate, and re-allege each and every allegation contained above with
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`the same force and effect as if the same were set forth at full length herein.
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`48.
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`At all relevant times, Defendant conducted business as a licensed nursing home as
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`defined under PHL § 2801(2).
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`49. At all relevant times, Defendant had possession and control of the Facility’s
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`building(s), the nursing home located at 5901 Palisade Avenue, Riverdale, NY 10471.
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`50.
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`The Facility provides nursing care to sick, invalid, infirmed, disabled, or convalescent
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`persons in addition to lodging and board or health related services pursuant to PHL § 2801(2).
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`51.
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`The Facility is a “residential health care facility” as defined in PHL § 2801(3).
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`13 of 27
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`pg. 13
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`FILED: BRONX COUNTY CLERK 05/01/2023 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 806735/2023E
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`RECEIVED NYSCEF: 05/01/2023
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`52.
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`Defendant is subject to the provisions of PHL §§ 2801-d and 2803-c, as well as the
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`rules and regulations set forth in sections 31.19(a) and 16.19(a) of the New York Mental Hygiene
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`Law, section 415 of the New York Code Rules and Regulations, and the federal Nursing Home Reform
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`Act (42 U.S.C. §1395 et seq.; 42 C.F.R. Part 483 and 10 N.Y.C.R.R Part 415). These rules and
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`regulations impose various obligations on Defendant, including, among others, a duty to adequately
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`staff the Facility.
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`53.
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`Plaintiff-decedent, JAY GOLDSTEIN, entered the Facility for care, treatment,
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`supervision, management, and/or rehabilitation.
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`54.
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`Plaintiff-decedent, JAY GOLDSTEIN were under the exclusive care, custody,
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`control, treatment, rehabilitation, supervision, and management of Defendant.
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`55.
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`During the period of the plaintiff-decedent, JAY GOLDSTEIN’s residency in the
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`Facility, HEBREW HOME FOR THE AGED AT RIVERDALE, through its officers, employees,
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`agents, and staff, violated PHL § 2801-d by depriving Plaintiffs of rights or benefits created or
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`established for their well-being by the terms of a contract(s) and/or by the terms of state and federal
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`statutes, rules, and regulations.
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`56.
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`During plaintiff-decedent, JAY GOLDSTEIN‘s residency, he sustained personal
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`injuries and suffered mental anguish as a result of Defendant, HEBREW HOME FOR THE AGED
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`AT RIVERDALE inadequate care.
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`57.
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`At all times herein mentioned, it was the duty of Defendant, HEBREW HOME FOR
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`THE AGED AT RIVERDALE, its servants, agents, affiliated physicians, attending physicians,
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`physician’s assistants, therapists, nurses, aides, attendants, and /or employees to order, direct, conduct,
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`provide and/or ensure suitable, sufficient, adequate and appropriate assessments, directives, protocols
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`and plan of care relative to the testing, evaluation, examination, treatment, referral and management
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`INDEX NO. 806735/2023E
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`RECEIVED NYSCEF: 05/01/2023
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`of residents of said residential health care facility, including the Plaintiff-decedent, JAY
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`GOLDSTEIN, and all those similarly situated, herein.
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`58.
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`From April 22, 2019 – May 12, 2020, HEBREW HOME FOR THE AGED AT
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`RIVERDALE , its servants, agents, affiliated physicians, attending physicians, physician’s assistants,
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`therapists, nurses, aides, attendants, and /or employees negligently, willfully and in reckless disregard
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`of the lawful rights of the Plaintiff-decedent, failed, neglected, refused and/or omitted to order, direct
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`advise, perform, render, provide or ensure suitable, decent, adequate and appropriate nursing care,
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`nutrition, supervision, aid, assistance, tests, treatments, procedures, protocols, evaluations,
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`consultations, safeguarding, protection and services for and to the Plaintiff-decedent, JAY
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`GOLDSTEIN, and all those similarly situated, herein.
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`59.
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`At all times herein mentioned, during Plaintiff-decedent, JAY GOLDSTEIN ’s stay
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`at Defendant, HEBREW HOME FOR THE AGED AT RIVERDALE’s residential healthcare
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`facility, he and those similarly situated contracted COVID-19, and suffered respiratory distress,
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`hypoxia, and other injuries, caused by the reckless misconduct and negligence of Defendant,
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`HEBREW HOME FOR THE AGED AT RIVERDALE and deprivations of JAY GOLDSTEIN’s
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`rights as a nursing home resident in violation of Defendant’s contract with Plaintiff-decedent, JAY
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`GOLDSTEIN, as well as those similarly situated, laws, rules, statutes and ordinances without any
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`negligence on the part of Plaintiff-decedent, JAY GOLDSTEIN, and all those similarly situated,
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`herein, which resulted in death.
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`60.
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`That at all times hereinafter mentioned, Defendant, HEBREW HOME FOR THE
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`AGED AT RIVERDALE, negligently and recklessly breached their duties owed to Plaintiff-
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`decedent, JAY GOLDSTEIN, by depriving Plaintiff of his rights afforded under state and federal
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`regulations including:
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`pg. 15
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`15 of 27
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`FILED: BRONX COUNTY CLERK 05/01/2023 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 806735/2023E
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`RECEIVED NYSCEF: 05/01/2023
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`- 42 C.F.R. § 483.10(b)(11)(i)(B) -- resident has right to
`immediately be informed, for the facility to inform the resident’s
`physician, and/or family member of a significant change in the
`resident’s physical, mental, or psychosocial status (i.e. a
`deterioration in health, mental, or psychosocial status in either life-
`threatening conditions or clinical complications).
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` -
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` 42 C.F.R. § 483.10(d)(2) -- Be fully informed in advance
`about care and treatment and of any changes in that care or treatment
`that may affect the resident's well-being.
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` 10 NYCRR § 415.19 -- Infection control. The facility shall
`establish and maintain an infection control program designed to
`provide a safe, sanitary, and comfortable environment in which
`residents reside and
`to help prevent
`the development and
`transmission of disease and infection.
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`(a) Infection control program. The facility must establish an
`infection control program under which it-- (1) Investigates, controls,
`and prevents infections in the facility; (2) Decides what procedures,
`such as isolation, should be applied to an individual resident; and (3)
`Maintains a record of incidents and corrective actions related to
`infections….
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`(b) Preventing spread of infection. (1) When the infection
`control program determines that a resident needs isolation to prevent
`the spread of infection, the facility must isolate the resident. (2) The
`facility must prohibit employees with a communicable disease or
`infected skin lesions from direct contact with residents or their food,
`if direct contact will transmit the disease. (3) The facility must
`require staff to wash their hands after each direct resident contact for
`which handwashing is indicated by accepted professional practice.
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`(c) Linens. Personnel must handle, store, process, and
`transport linens so as to prevent the spread of infection
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`10 NYCRR § 410.2 -- Resident care standards
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`10 NYCRR § 415.3 (a) -- Resident’s rights
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`10 NYCRR § 415.3(e) -- Right to clinical care and
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`10 NYCRR § 415.5 -- Quality of Life
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`10 NYCRR §415.5(h) -- Environment.
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`treatment.
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`16 of 27
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`FILED: BRONX COUNTY CLERK 05/01/2023 09:58 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 806735/2023E
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`RECEIVED NYSCEF: 05/01/2023
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`10 NYCRR §415.11 -- Resident assessment and care
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`planning
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`10 NYCRR §415.11(a)(1) -- Resident assessment
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`and care planning.
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` -
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`10 NYCRR §415.11(a)(2) -- Resident assessment
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`and care planning. The comprehensive assessment shall include at
`least the following information:
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` -
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`10 NYCRR §415.11(a)(3) -- Resident assessment
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`and care planning. Frequency.
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`10 NYCRR §415.11(a)(4) -- Resident assessment
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`and care planning. Review of assessments.
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`10 NYCRR §415.11(a)(5) -- Resident assessment
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`and care planning. Use.
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`10 NYCRR §415.11(b)(1)-(4) Resident assessment
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`and care planning. Accuracy of assessments.
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`10 NYCRR