FILED: QUEENS COUNTY CLERK 05/17/2023 03:49 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 710290/2023
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`RECEIVED NYSCEF: 05/17/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`-------------------------------------------------------------------------X
`DIANNA L. SMITH as Proposed Administrator of the Estate
`of JOHN LOGAN, Deceased,
`
`
`
` -against-
`
`THE JAMAICA HOSPITAL d/b/a JAMAICA HOSPITAL
`MEDICAL CENTER, TJH MEDICAL SERVICES, P.C.,
`RAVICHAND OODAL, M.D., LONG ISLAND CARE
`CENTER, INC. d/b/a LONG ISLAND CARE CENTER,
`
`
`
`
`---------------------------------------------------------------------------X
`
`
`
`
`
` Plaintiff,
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` Defendants.
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`
`
` INDEX NO.:
`
`
`SUMMONS
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`Plaintiff Designates
`Queens County as the
`Place of Trial.
`
`The Basis of Venue is
`Defendant’s place of
`Business: 89th Avenue &
`Van Wyck Expressway,
`Jamaica, NY 11418
`
`
`
`To the above-named Defendants:
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`You are hereby summoned to answer the Verified Complaint in this action, and to serve a copy
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`of your answer, or, if the Verified Complaint is not served with this Summons, to serve a Notice of
`Appearance on the Plaintiff’s attorney(s) within twenty days (20) after the service of this Summons,
`exclusive of the day of service, where service is made by delivery upon you personally within the state,
`or, within thirty (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 Verified Complaint.
`
`Dated: New York, New York
` May 17, 2023
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`LAW FIRM OF D.F. TRUHOWSKY
`
`Deborah F. Truhowsky
`____________________________________
`By: DEBORAH F. TRUHOWSKY, ESQ.
`Attorneys for Plaintiff
`100 Park Avenue, 16th Floor
`New York, New York 10017
`(212) 880-6496
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`1
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`FILED: QUEENS COUNTY CLERK 05/17/2023 03:49 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 710290/2023
`
`RECEIVED NYSCEF: 05/17/2023
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`
`
`
`
`TO:
`
`THE JAMAICA HOSPITAL
`d/b/a JAMAICA HOSPITAL MEDICAL CENTER
`Office of the President
`89th Avenue & Van Wyck Expressway
`Jamaica, NY 11418
`Via Secretary of State
`
`TJH MEDICAL SERVICES, P.C.
`C/O ANTHONY S. DIMARIA
`89-06 135th Street, Suite 7E
`Jamaica, NY 11418
`Via Secretary of State
`
`TJH MEDICAL SERVICES, P.C.
`129-01 Liberty Avenue
`South Richmond Hill, NY 11419
`
`RAVICHAND OODAL, M.D.
`129-01 Liberty Avenue
`South Richmond Hill, NY 11419
`
`LONG ISLAND CARE CENTER, INC.
`d/b/a LONG ISLAND CARE CENTER
`144-61 38th Avenue
`Flushing, NY 11354
`Via Secretary of State
`
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`2
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`FILED: QUEENS COUNTY CLERK 05/17/2023 03:49 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 710290/2023
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`RECEIVED NYSCEF: 05/17/2023
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`VERIFIED
`COMPLAINT
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`
`---------------------------------------------------------------------------X
`DIANNA L. SMITH as Proposed Administrator of the Estate INDEX NO.:
`of JOHN LOGAN, Deceased,
`
`
`
`
`
`
`
`
` Plaintiff,
`
`
`
`
`
`
` -against-
`
`THE JAMAICA HOSPITAL d/b/a JAMAICA HOSPITAL
`MEDICAL CENTER, TJH MEDICAL SERVICES, P.C.,
`RAVICHAND OODAL, M.D., LONG ISLAND CARE
`CENTER, INC. d/b/a LONG ISLAND CARE CENTER,
`
`
`
`
`
` Defendants.
`
`---------------------------------------------------------------------------X
`
`
`
`
`
`
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`Plaintiff, DIANNA L. SMITH, as Proposed Administrator of the Estate of JOHN LOGAN,
`
`Deceased, by her attorneys, LAW FIRM OF D.F. TRUHOWSKY, complaining of the Defendants,
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`respectfully alleges, upon information and belief, as follows:
`
`1.
`
`That at all times hereinafter mentioned, DIANNA L. SMITH was and is a resident of the
`
`County of Queens, State of New York.
`
`2.
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`That at all times hereinafter mentioned, Plaintiff’s Decedent, JOHN LOGAN, was a resident
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`3.
`
`4.
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`of the County of Queens, State of New York.
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`That JOHN LOGAN, Plaintiff’s decedent, died on July 25, 2021.
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`That on January 24, 2023, a Petition for Letters of Limited Administration and Temporary
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`Administration was filed with the Queens County Surrogate’s Court proposing that
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`DIANNA L. SMITH be appointed Administrator of the Estate of JOHN LOGAN, Deceased.
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`5.
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`That at all times hereinafter mentioned, Plaintiff, DIANNA L. SMITH, as Proposed
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`Administrator of the Estate of JOHN LOGAN, commences this action on behalf of the Estate
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`of the deceased, JOHN LOGAN.
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`3
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`FILED: QUEENS COUNTY CLERK 05/17/2023 03:49 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 710290/2023
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`RECEIVED NYSCEF: 05/17/2023
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`6.
`
`At all times mentioned herein, Defendant, THE JAMAICA HOSPITAL d/b/a JAMAICA
`
`HOSPITAL MEDICAL CENTER, was and still is an active domestic not-for-profit
`
`corporation duly organized and existing under and by virtue of the laws of the State of New
`
`York, and it conducts and transacts business as a healthcare facility known as JAMAICA
`
`HOSPITAL MEDICAL CENTER located at 89th Avenue & Van Wyck Expressway,
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`Jamaica, New York 11418.
`
`7.
`
`At all times mentioned herein, Defendant, THE JAMAICA HOSPITAL d/b/a JAMAICA
`
`HOSPITAL MEDICAL CENTER, was and still is a domestic not-for-profit corporation duly
`
`organized and existing under and by virtue of the laws of the State of New York.
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`8.
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`At all times mentioned herein, the principal place of business of Defendant, THE JAMAICA
`
`HOSPITAL d/b/a JAMAICA HOSPITAL MEDICAL CENTER, was located in the County
`
`of Queens and State of New York.
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`9.
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`That at all times hereinafter mentioned, Defendant, THE JAMAICA HOSPITAL d/b/a
`
`JAMAICA HOSPITAL MEDICAL CENTER, owned the premises and appurtenances and
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`fixtures thereto known as JAMAICA HOSPITAL MEDICAL CENTER located at 89th
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`Avenue & Van Wyck Expressway, Jamaica, New York 11418.
`
`10.
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`That at all times hereinafter mentioned, Defendant, THE JAMAICA HOSPITAL d/b/a
`
`JAMAICA HOSPITAL MEDICAL CENTER, leased the premises and appurtenances and
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`fixtures thereto known as JAMAICA HOSPITAL MEDICAL CENTER located at 89th
`
`Avenue & Van Wyck Expressway, Jamaica, New York 11418.
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`11.
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`At all times mentioned herein, Defendant, THE JAMAICA HOSPITAL d/b/a JAMAICA
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`HOSPITAL MEDICAL CENTER, was and still remains engaged in the ownership of a
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`healthcare facility known as JAMAICA HOSPITAL MEDICAL CENTER located at 89th
`
`
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`4
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`4 of 25
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`FILED: QUEENS COUNTY CLERK 05/17/2023 03:49 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 710290/2023
`
`RECEIVED NYSCEF: 05/17/2023
`
`Avenue & Van Wyck Expressway, Jamaica, New York 11418, which was and is governed
`
`by the laws and regulations of the State of New York and Federal law and regulations.
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`12.
`
`At all times mentioned herein, Defendant, THE JAMAICA HOSPITAL d/b/a JAMAICA
`
`HOSPITAL MEDICAL CENTER, was and still remains engaged in the operation of a
`
`healthcare facility known as JAMAICA HOSPITAL MEDICAL CENTER located at 89th
`
`Avenue & Van Wyck Expressway, Jamaica, New York 11418, which was and is governed
`
`by the laws and regulations of the State of New York and Federal law and regulations.
`
`13.
`
`At all times mentioned herein, Defendant, THE JAMAICA HOSPITAL d/b/a JAMAICA
`
`HOSPITAL MEDICAL CENTER, was and still remains engaged in the control of a
`
`healthcare facility known as JAMAICA HOSPITAL MEDICAL CENTER located at 89th
`
`Avenue & Van Wyck Expressway, Jamaica, New York 11418, which was and is governed
`
`by the laws and regulations of the State of New York and Federal law and regulations.
`
`14.
`
`At all times mentioned herein, Defendant, THE JAMAICA HOSPITAL d/b/a JAMAICA
`
`HOSPITAL MEDICAL CENTER, was and still remains engaged in the maintenance of a
`
`healthcare facility known as JAMAICA HOSPITAL MEDICAL CENTER located at 89th
`
`Avenue & Van Wyck Expressway, Jamaica, New York 11418, which was and is governed
`
`by the laws and regulations of the State of New York and Federal law and regulations.
`
`15.
`
`At all times mentioned herein, Defendant, THE JAMAICA HOSPITAL d/b/a JAMAICA
`
`HOSPITAL MEDICAL CENTER, was and still remains engaged in the management of a
`
`healthcare facility known as JAMAICA HOSPITAL MEDICAL CENTER located at 89th
`
`Avenue & Van Wyck Expressway, Jamaica, New York 11418, which was and is governed
`
`by the laws and regulations of the State of New York and Federal law and regulations.
`
`16.
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`At all times mentioned herein, Defendant, THE JAMAICA HOSPITAL d/b/a JAMAICA
`
`
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`5
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`5 of 25
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`FILED: QUEENS COUNTY CLERK 05/17/2023 03:49 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 710290/2023
`
`RECEIVED NYSCEF: 05/17/2023
`
`HOSPITAL MEDICAL CENTER, was and still remains engaged in the supervision of a
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`healthcare facility known as JAMAICA HOSPITAL MEDICAL CENTER located at 89th
`
`Avenue & Van Wyck Expressway, Jamaica, New York 11418, which was and is governed
`
`by the laws and regulations of the State of New York and Federal law and regulations.
`
`17.
`
`At all times mentioned herein, Defendant, THE JAMAICA HOSPITAL d/b/a JAMAICA
`
`HOSPITAL MEDICAL CENTER, held itself out to the public as furnishing a
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`hospital/health care facility where patients, including JOHN LOGAN, could be provided
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`with proper care, treatment and safety, which included providing personnel, including
`
`doctors, nurses, attendants, assistants and others, and this Defendant represented that it was
`
`competent to perform and render all the patient care, treatment, services and advice
`
`required by JOHN LOGAN.
`
`18.
`
`At all times mentioned herein, Defendant, THE JAMAICA HOSPITAL d/b/a JAMAICA
`
`HOSPITAL MEDICAL CENTER, was engaged in the not-for-profit operation of a
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`healthcare facility known as JAMAICA HOSPITAL MEDICAL CENTER located at 89th
`
`Avenue & Van Wyck Expressway, Jamaica, New York 11418.
`
`19.
`
`At all times mentioned herein, Defendant, THE JAMAICA HOSPITAL d/b/a JAMAICA
`
`HOSPITAL MEDICAL CENTER, was engaged in the for-profit operation of a healthcare
`
`facility known as JAMAICA HOSPITAL MEDICAL CENTER located at 89th Avenue &
`
`Van Wyck Expressway, Jamaica, New York 11418.
`
`20.
`
`That at all times hereinafter mentioned, JOHN LOGAN was a patient at Defendant, THE
`
`JAMAICA HOSPITAL d/b/a JAMAICA HOSPITAL MEDICAL CENTER’S healthcare
`
`facility known as JAMAICA HOSPITAL MEDICAL CENTER located at 89th Avenue &
`
`Van Wyck Expressway, Jamaica, New York 11418, under the care, treatment and
`
`
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`6
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`FILED: QUEENS COUNTY CLERK 05/17/2023 03:49 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 710290/2023
`
`RECEIVED NYSCEF: 05/17/2023
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`management of this Defendant.
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`21.
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`From on or about October 27, 2020 to on or about November 18, 2020, JOHN LOGAN
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`was lawfully on the premises of Defendant, THE JAMAICA HOSPITAL d/b/a JAMAICA
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`HOSPITAL MEDICAL CENTER’S healthcare facility known as JAMAICA HOSPITAL
`
`MEDICAL CENTER located at 89th Avenue & Van Wyck Expressway, Jamaica, New
`
`York 11418.
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`22.
`
`From on or about October 27, 2020 to on or about November 18, 2020, JOHN LOGAN
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`was a patient of Defendant, THE JAMAICA HOSPITAL d/b/a JAMAICA HOSPITAL
`
`MEDICAL CENTER’S healthcare facility known as JAMAICA HOSPITAL MEDICAL
`
`CENTER located at 89th Avenue & Van Wyck Expressway, Jamaica, New York 11418.
`
`23.
`
`From on or about October 27, 2020 to on or about November 18, 2020, Defendant, THE
`
`JAMAICA HOSPITAL d/b/a JAMAICA HOSPITAL MEDICAL CENTER’S healthcare
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`facility known as JAMAICA HOSPITAL MEDICAL CENTER located at 89th Avenue &
`
`Van Wyck Expressway, Jamaica, New York 11418, agreed and undertook to properly care
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`for and treat its patient, JOHN LOGAN, and engaged in a continuous course of treatment.
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`24.
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`On the above dates, JOHN LOGAN sought the professional care of Defendant, THE
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`JAMAICA HOSPITAL d/b/a JAMAICA HOSPITAL MEDICAL CENTER at the
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`healthcare facility known as JAMAICA HOSPITAL MEDICAL CENTER located at 89th
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`Avenue & Van Wyck Expressway, Jamaica, New York 11418, for certain complaints, the
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`need for rehabilitation and medical care, including complaints, from which he was
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`suffering, and this Defendant, its agents, servants and employees took on the responsibility
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`of a non-delegable duty rendering care, diagnosis, treatment and services to him.
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`25.
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`At all times the hereinbefore mentioned and identified Defendant, THE JAMAICA
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`
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`7
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`7 of 25
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`FILED: QUEENS COUNTY CLERK 05/17/2023 03:49 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 710290/2023
`
`RECEIVED NYSCEF: 05/17/2023
`
`HOSPITAL d/b/a JAMAICA HOSPITAL MEDICAL CENTER, held itself out to be
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`properly equipped and professionally staffed by health care staff and professionals to care
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`for the patient, JOHN LOGAN, at the healthcare facility known as JAMAICA HOSPITAL
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`MEDICAL CENTER located at 89th Avenue & Van Wyck Expressway, Jamaica, New
`
`York 11418.
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`26.
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`From on or about October 27, 2020 to on or about November 18, 2020, JOHN LOGAN
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`had a reasonable expectation of being properly treated and cared for by the Defendant,
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`THE JAMAICA HOSPITAL d/b/a JAMAICA HOSPITAL MEDICAL CENTER, at the
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`healthcare facility known as JAMAICA HOSPITAL MEDICAL CENTER located at 89th
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`Avenue & Van Wyck Expressway, Jamaica, New York 11418.
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`27.
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`That at all times herein mentioned, Defendant, THE JAMAICA HOSPITAL d/b/a
`
`JAMAICA HOSPITAL MEDICAL CENTER, stood in such a relationship with JOHN
`
`LOGAN, so as to make it liable for the acts and omissions of its agents, doctors, nurses,
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`staff, contractors, and employees.
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`28.
`
`At all times hereinafter mentioned, Defendant, TJH MEDICAL SERVICES, P.C., was and
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`still is an active domestic professional service corporation duly organized and existing
`
`under and by virtue of the laws of the State of New York.
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`29.
`
`At all times mentioned herein, the principal place of business of Defendant, TJH
`
`MEDICAL SERVICES, P.C., was located in the County of Queens and State of New York.
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`30.
`
`That at all times mentioned herein, Defendant, RAVICHAND OODAL, M.D., was a
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`physician duly licensed to practice medicine in the State of New York.
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`31.
`
`In paragraphs “32” through “54,” the term “Defendants” refers to the following named
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`Defendants: TJH MEDICAL SERVICES, P.C. and RAVICHAND OODAL, M.D. and
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`8
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`8 of 25
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`FILED: QUEENS COUNTY CLERK 05/17/2023 03:49 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 710290/2023
`
`RECEIVED NYSCEF: 05/17/2023
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`shall on information and belief, be construed to mean these Defendants individually,
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`severally, jointly and collectively.
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`32.
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`That at all times herein mentioned, the Defendants maintained a place of business at 129-
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`01 Liberty Avenue, South Richmond Hill, New York 11419.
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`33.
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`From on or about October 27, 2020 to on or about November 18, 2020, at THE
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`JAMAICA HOSPITAL d/b/a JAMAICA HOSPITAL MEDICAL CENTER located at
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`89th Avenue & Van Wyck Expressway, Jamaica, New York 11418, Defendants agreed
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`and undertook to care for and continuously treated JOHN LOGAN during such time
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`period.
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`34.
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`That at all times herein mentioned, Defendant, RAVICHAND OODAL, M.D., was a
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`medical doctor who provided medical care to patients at his office located at 129-01
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`Liberty Avenue, South Richmond Hill, New York 11419.
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`35.
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`That at all times herein mentioned hereinabove, Defendant, RAVICHAND OODAL,
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`M.D., was a medical doctor who provided medical care to patients at THE JAMAICA
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`HOSPITAL d/b/a JAMAICA HOSPITAL MEDICAL CENTER located at 89th Avenue
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`& Van Wyck Expressway, Jamaica, New York 11418.
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`36.
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`That at all times herein mentioned, Defendant, RAVICHAND OODAL, M.D., held
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`himself out to be a physician offering services to the public in general and to JOHN
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`LOGAN, in particular.
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`37.
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`That at all times herein mentioned, Defendants represented that they were competent to
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`perform and render all medical care, treatment, services, and advice required by JOHN
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`LOGAN.
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`38.
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`On the above dates, the Defendant, RAVICHAND OODAL, M.D., was self-employed.
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`9
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`9 of 25
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`FILED: QUEENS COUNTY CLERK 05/17/2023 03:49 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 710290/2023
`
`RECEIVED NYSCEF: 05/17/2023
`
`39.
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`On the above dates, the Defendant, RAVICHAND OODAL, M.D., was employed by
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`Defendant, TJH MEDICAL SERVICES, P.C.
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`40.
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`On the above dates, the Defendant, RAVICHAND OODAL, M.D., was employed by
`
`THE JAMAICA HOSPITAL d/b/a JAMAICA HOSPITAL MEDICAL CENTER.
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`41.
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`Defendant, RAVICHAND OODAL, M.D., was and/or is an owner/shareholder in
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`Defendant, TJH MEDICAL SEVICES, P.C.
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`42.
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`On the above dates, the Defendant, RAVIDCHAND OODAL, M.D., was a contractor of
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`the Defendant, TJH MEDICAL SERVICES, P.C.
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`43.
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`On the above dates, the Defendant, RAVICHAND OODAL, M.D., was a contractor of
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`THE JAMAICA HOSPITAL d/b/a JAMAICA HOSPITAL MEDICAL CENTER.
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`44.
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` On the above dates, the Defendant, RAVICHAND OODAL, M.D., was working as a
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`physician at THE JAMAICA HOSPITAL d/b/a JAMAICA HOSPITAL MEDICAL
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`CENTER'S healthcare facility located at 89th Avenue & Van Wyck Expressway,
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`Jamaica, New York 11418.
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`45.
`
`On the above dates, the Defendant, RAVICHAND OODAL, M.D., was working as a
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`physician at the Defendant, TJH MEDICAL SERVICES, P.C.’s medical office located at
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`129-01 Liberty Avenue, South Richmond Hill, New York 11419.
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`46.
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`On the above dates, Defendant, RAVICHAND OODAL, M.D., held himself out to the
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`public and particularly, JOHN LOGAN, as being an employee, agent, servant and/or
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`contractor of the THE JAMAICA HOSPITAL d/b/a JAMAICA HOSPITAL MEDICAL
`
`CENTER.
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`47.
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`On the above dates, Defendant, RAVICHAND OODAL, M.D., held himself out to the
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`public and particularly, JOHN LOGAN, as being an employee, agent, servant and/or
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`10
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`FILED: QUEENS COUNTY CLERK 05/17/2023 03:49 PM
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`INDEX NO. 710290/2023
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`RECEIVED NYSCEF: 05/17/2023
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`contractor of the Defendant, TJH MEDICAL SERVICES, P.C.
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`48.
`
`On the above dates, the Defendants were entrusted to care for JOHN LOGAN at THE
`
`JAMAICA HOSPITAL d/b/a JAMAICA HOSPITAL MEDICAL CENTER’S
`
`aforedescribed healthcare facility in accordance with good and acceptable standards of
`
`medical practice.
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`49.
`
`On the above dates, JOHN LOGAN came under the care of the Defendants who, during
`
`said time period, treated and rendered medical care to JOHN LOGAN at THE JAMAICA
`
`HOSPITAL d/b/a JAMAICA HOSPITAL MEDICAL CENTER’S aforedescribed
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`healthcare facility.
`
`50.
`
`From on or about October 27, 2020 to on or about November 18, 2020, while a patient at
`
`THE JAMAICA HOSPITAL d/b/a JAMAICA HOSPITAL MEDICAL CENTER, JOHN
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`LOGAN had a reasonable expectation of being properly treated and cared for by
`
`Defendants.
`
`51.
`
`That at all times herein mentioned, Defendants stood in such a relationship with JOHN
`
`LOGAN, so as to make them liable for the acts and omissions of their agents, doctors,
`
`nurses, staff, contractors, and employees.
`
`52.
`
`That at all times hereinafter mentioned, the Defendants stood in such a relationship with
`
`each other in their care and/or treatment of JOHN LOGAN, so as to make each liable for
`
`the acts and omissions of the other.
`
`53.
`
`That at all times hereinafter mentioned, the Defendant, THE JAMAICA HOSPITAL
`
`d/b/a JAMAICA HOSPITAL MEDICAL CENTER, and Defendants, RAVICHAND
`
`OODAL, M.D and TJH MEDICAL SERVICES, P.C. stood in such a relationship with
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`each other in their care and/or treatment of JOHN LOGAN, so as to make each liable for
`
`
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`11
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`INDEX NO. 710290/2023
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`RECEIVED NYSCEF: 05/17/2023
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`the acts and omissions of the other.
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`54.
`
`Upon information and belief, at all times hereinafter mentioned, Defendant,
`
`RAVICHAND OODAL, M.D. was an employee, physician, contractor and/or agent of
`
`Defendant, TJH MEDICAL SERVICES, P.C., thus TJH MEDICAL SERVICES, P.C. is
`
`also liable for the negligent acts and/or omissions of RAVICHAND OODAL, M.D.
`
`55.
`
`Upon information and belief, at all times hereinafter mentioned, Defendant,
`
`RAVICHAND OODAL, M.D., was an employee, physician, contractor and/or agent of
`
`Defendant, THE JAMAICA HOSPITAL d/b/a JAMAICA HOSPITAL MEDICAL
`
`CENTER, and said Defendant, THE JAMAICA HOSPITAL d/b/a JAMAICA
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`HOSPITAL MEDICAL CENTER, is also liable for the negligent acts and/or omissions
`
`of RAVICHAND OODAL, M.D.
`
`56.
`
`At all times hereinafter mentioned, the Defendant, LONG ISLAND CARE CENTER, INC.
`
`d/b/a LONG ISLAND CARE CENTER, was and still is an active domestic business
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`corporation, duly organized and existing under and by virtue of the laws of the State of
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`New York, and conducts and transacts business as a nursing home facility at 144-61 38th
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`Avenue, Flushing, New York 11354.
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`57.
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`At all times herein mentioned, Defendant, LONG ISLAND CARE CENTER, INC. d/b/a
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`LONG ISLAND CARE CENTER’S principal place of business was located in the County
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`of Queens and State of New York.
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`58.
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`The term “Defendant” in paragraphs “60” through “75” herein, refers to the named
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`Defendant, LONG ISLAND CARE CENTER, INC. d/b/a LONG ISLAND CARE
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`CENTER.
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`59.
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`The term “nursing home” as used in paragraphs “60” through “75” herein, shall include
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`LONG ISLAND CARE CENTER, INC. d/b/a LONG ISLAND CARE CENTER and any
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`owners and/or operators of the named nursing home or corporation and any agent,
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`representative, employee, care giver, nurse, director, doctor, CNA or staff member of said
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`facility or corporation.
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`60.
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`At all relevant times herein mentioned, the Defendant has continuously maintained a
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`principal place of business for operating, controlling and managing a nursing home facility
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`in the County of Queens and State of New York at the street location of 144-61 38th
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`Avenue, Flushing, New York 11354.
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`61.
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`At all times hereinafter mentioned, the Defendant was and still remains engaged in the
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`ownership of a nursing home located at 144-61 38th Avenue, Flushing, New York 11354
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`which was and is subject to and governed by the laws and regulations of the State of New
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`York and federal law, rules, statutes and regulations.
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`62.
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`At all times hereinafter mentioned, the Defendant was and still remains engaged in the
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`operation of a nursing home located at 144-61 38th Avenue, Flushing, New York 11354
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`which was and is subject to and governed by the laws and regulations of the State of New
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`York and federal law, rules, statutes and regulations.
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`63.
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`At all times hereinafter mentioned, the Defendant was and still remains engaged in the
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`management of a nursing home located at 144-61 38th Avenue, Flushing, New York 11354
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`which was and is subject to and governed by the laws and regulations of the State of New
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`York and federal law, rules, statutes and regulations.
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`64.
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`At all times hereinafter mentioned, the Defendant was and still remains engaged in the
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`control of a nursing home located at 144-61 38th Avenue, Flushing, New York 11354 which
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`was and is subject to and governed by the laws and regulations of the State of New York
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`and federal law, rules, statutes and regulations.
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`65.
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`At all times herein mentioned, the Defendant held itself out to the public as furnishing
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`treatment facilities where patients and residents, including the decedent, JOHN LOGAN,
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`could be provided with proper care and safety, which included providing personnel,
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`including doctors, nurses, attendants, assistants and others, and the Defendant represented
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`that it was competent to perform and render all the resident care, treatment, services and
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`advice required by JOHN LOGAN.
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`66.
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`At all times hereinafter mentioned, the Defendant was and still is engaged in the for-profit
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`operation of a nursing home.
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`67.
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`At all times hereinafter mentioned, the Defendant was and still is engaged in the not-for-
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`profit operation of a nursing home.
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`68.
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`At all times hereinafter mentioned, JOHN LOGAN was a resident at the Defendant’s
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`nursing home facility, under the care, treatment, and management of the Defendant.
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`69.
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`At all times hereinafter mentioned, the Defendant stood in such a relationship with JOHN
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`LOGAN as to make it liable for the acts and omissions of its agents, doctors, nurses, staff,
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`contractors and employees.
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`70.
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`From on or about November 18, 2020 to on or about June 22, 2021, JOHN LOGAN was
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`lawfully on the premises of Defendant’s nursing home facility located at 144-61 38th
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`Avenue, Flushing, New York 11354.
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`71.
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`From on or about November 18, 2020 to on or about June 22, 2021, JOHN LOGAN was
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`a resident of Defendant’s nursing home facility located at 144-61 38th Avenue, Flushing,
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`New York 11354 which is, upon information and belief, owned, operated, managed and/or
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`controlled by the Defendant.
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`RECEIVED NYSCEF: 05/17/2023
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`72.
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`From on or about November 18, 2020 to on or about June 22, 2021, Defendant agreed and
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`undertook to properly care for and treat its resident, JOHN LOGAN, and continuously
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`treated its resident, JOHN LOGAN.
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`73.
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`On the above dates, JOHN LOGAN sought the professional care of Defendant for certain
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`complaints, the need for rehabilitation and for nursing home care, including complaints,
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`from which he was suffering, and the Defendant, its agents, servants and employees took
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`on the responsibility of a non-delegable duty rendering care, diagnosis, treatment and
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`services to him.
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`74.
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`At all times hereinbefore mentioned, the Defendant held itself out to be properly equipped
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`and professionally staffed by health care staff and professionals to care for the patient and
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`nursing home resident, JOHN LOGAN.
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`75.
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`From on or about November 18, 2020 to on or about June 22, 2021, Plaintiff’s decedent,
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`JOHN LOGAN, had a reasonable expectation of being properly treated and cared for by
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`the Defendant.
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`76.
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`At all times herein mentioned, the Defendants sued herein failed to provide necessary and
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`reasonable care and treatment to decedent, JOHN LOGAN, who was a resident/patient of
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`the above-described healthcare facility, physician group, and nursing home, resulting in
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`decedent’s serious injuries and death on July 25, 2021.
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`77.
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`That as a result of the foregoing, the Plaintiff’s decedent, JOHN LOGAN was caused to
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`sustain and suffer serious injuries, including but not limited to, severe pressure ulcers of
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`the sacrum with exposed and eroded coccyx bone and osteomyelitis, left trochanter, left
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`lateral leg, left medial foot, left lateral foot, left lateral ankle, left posterior ankle, left heel,
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`right lateral foot, right heel, right lateral ankle extending to distal right leg, bilateral great
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`INDEX NO. 710290/2023
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`RECEIVED NYSCEF: 05/17/2023
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`toes, right elbow, left elbow, right ear, bilateral scalp, right posterior lateral scalp, and
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`multiple forehead ulcers, wound debridement, sepsis, wound infection, cellulitis, aspiration
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`pneumonia, respiratory distress, contractures, significant weight loss, malnutrition,
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`dehydration, and death, and to suffer pain, shock, mental anguish and emotional distress;
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`that these injuries and their effects were permanent; as a result of said injuries Plaintiff’s
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`decedent was caused to incur expenses for medical care and attention; and Plaintiff’s
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`decedent was rendered unable to perform Plaintiff’s decedent’s normal activities and duties
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`and sustained a resultant loss therefrom. The above injuries, pain and death that Plaintiff’s
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`decedent sustained and endured would not have transpired in the absence of the
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`Defendants’ neglect.
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`78.
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`That no negligence on the part of JOHN LOGAN contributed to the occurrences, injuries
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`or death.
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`79.
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`The Defendants breached their non-delegable duties during the above stated time periods
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`to the decedent, JOHN LOGAN.
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`80.
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`The negligence, omissions, failures and acts on the part of the Defendants and their
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`employees, agents and/or servants proximately caused the damages, injuries and death to
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`the decedent, JOHN LOGAN, which negligence was gross, reckless, willful and wanton.
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`81.
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`The damages and injuries to the decedent, JOHN LOGAN, transpired due to the breaches
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`of duty, negligence, omissions, failures and acts on the part of the Defendants and their
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`employees, agents and/or servants which were a proximate cause and substantial
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`contributing factor in the decedent's injuries and death, as well as the damages set forth
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`herein in all causes of action.
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`82.
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` JOHN LOGAN’S damages, injuries and subsequent death on July 25, 2021 were
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`foreseeable as a result of the Defendants’ and their employees’, agents’ and/or servants'
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`breaches of duty, negligence, omissions, failures and acts.
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`83.
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`The damages, injuries and death of the decedent, JOHN LOGAN, would not have
`
`transpired but for the Defendants’ negligence, breaches of duty, omissions, failures and
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`acts.
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`84.
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`The causes of action alleged herein fall within one or more of the exemptions set forth in
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`CPLR Sections1601 and/or 1602.
`
`THE APPLICABLE STATUTES OF LIMITATIONS ARE TOLLED
`BY EXECUTIVE ORDERS ISSUED DUE TO THE COVID-19
`PUBLIC HEALTH CRISIS
`
`On March 20, 2020, Governor Andrew Cuomo issued Executive Order No. 202.8 that
`
`85.
`
`effectively tolled statutes of limitations pursuant to the Civil Practice Law and Rules until
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`April 19, 2020 due to Court closures and restrictions on business activities necessitated by
`
`the COVID -19 public health crisis.
`
`86.
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`Said Executive Order was subsequently superseded by later Executive Orders (202.14,
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`202.28, 202.38, 202.48, 202.55, 202.60, 202.67) that further tolled statutes of limitations
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`to November 4, 2020.
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`AS AND FOR A FIRST CAUSE OF ACTION IN NEGLIGENCE
`AGAINST ALL DEFENDANTS
`
`
`87.
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`Plaintiff repeats and realleges each and every allegation set forth above with the same force
`
`and effect as though set forth herein at length.
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`88.
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`The above care, diagnoses, treatment and services rendered to JOHN LOGAN by the
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`Defendants and/or said Defendants’ servants, agents, affiliates, contractors, licensees
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`and/or employees, were rendered carelessly, unskillfully, negligently, and in a manner
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`RECEIVED NYSCEF: 05/17/2023
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`which departed from customary and accepted standards of practice, diagnosis, treatment
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`and service in the community; and negligently failed to use ordinary and reasonable care,
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`diligence and skills.
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`89.
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`That the injuries suffered by the Plaintiff’s decedent, JOHN LOGAN, including those listed
`
`herein, were caused by the lack of reasonable care exercised by the Defendants, in that the
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`injuries and occurrences mentioned herein, and the results thereof, were caused by the
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`negligence of the Defendants and/or said Defendants’ servants, agents, staff, contractors,
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`employees, and/or licensees in the ownership, operation, management, supervision,
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`maintenance and control of the aforesaid hospital/healthcare facility, physician group, and
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`nursing home and this resident/patient, the negligent care and treatment provided to this
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`resident/patient, and negligence in failing to provide necessary care and physician services
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`to attain and maintain the highest practicable physical, mental and psychosocial well-being
`
`of the decedent; in failing to prevent the decedent from suffering serious injuries, including
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`but not limited to, numerous infected and necrotic pressure ulcers, wound debridement(s),
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`significant weight loss, malnutrition, dehydration, contractures, sepsis, osteomyelitis,
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`wound infections, cellulitis, aspiration pneumonia, and respiratory distress; in repeatedly
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`failing to properly turn and position decedent; in failing to properly diagnose, assess and
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`treat decedent’s pressure ulcers; in failing to properly and timely provide pressure relieving
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`devices; in failing to properly and timely feed and hydrate the decedent; in failing to
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`properly and timely diagnose and treat infections; in failing to hire su