FILED: RICHMOND COUNTY CLERK 05/15/2023 02:10 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 150906/2023
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`RECEIVED NYSCEF: 05/15/2023
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
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`THE ESTATE OF BELINDA THOMAS, by her
`Administratrix, SANDRA THOMAS-WATSON,
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` Plaintiff(s),
` -against-
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`HEALTH
`LAKES
`CLOVE
`CENTER,
`REHABILITATION
`CORPORATION, ABC PARTNERSHIP,
`
` Defendant(s),
`
`CARE
`INC.,
`
`AND
`ABC
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`SUMMONS
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`Index No.:
`Date Purchased:
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`Plaintiff designates RICHMOND
`County as the place of trial
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`The basis of venue is defendant
`CLOVE LAKES HEALTH CARE
`AND REHABILITATION
`CENTER INC.’s address:
`25 Fanning Street
`Staten Island, New York 10314
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`
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`To the above-named Defendants:
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`YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
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`a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
`appearance, on the Plaintiff's attorney within 20 days after the service of this Summons, exclusive
`of the day of service (or within 30 days after the service is complete if this summons is not
`personally delivered to you within the State of New York); and 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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`Dated: Melville, New York
`May 15, 2023
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`NAPOLI SHKOLNIK, PLLC
`Attorneys for Plaintiff
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`By: __________________________
`Joseph L. Ciaccio
`400 Broadhollow Road, Suite 305
`Melville, New York 11747
`(212) 397-1000
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`1 of 51
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`FILED: RICHMOND COUNTY CLERK 05/15/2023 02:10 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 150906/2023
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`RECEIVED NYSCEF: 05/15/2023
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`Defendant’s Address:
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`CLOVE LAKES HEALTH CARE AND REHABILITATION CENTER INC.
`25 Fanning Street, Staten Island, New York 10314
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`2 of 51
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`FILED: RICHMOND COUNTY CLERK 05/15/2023 02:10 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 150906/2023
`
`RECEIVED NYSCEF: 05/15/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`
`
`THE ESTATE OF BELINDA THOMAS, by her
`Administratrix, SANDRA THOMAS-WATSON,
`
` Plaintiff(s),
` -against-
`
`CLOVE LAKES HEALTH CARE AND REHABILITATION
`CENTER,
`INC.,
`ABC
`CORPORATION,
`ABC
`PARTNERSHIP,
`
` Defendant(s)
`
`
`
`
`Index No:
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`VERIFIED
`COMPLAINT
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`Plaintiff demands
`a Jury Trial
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`Plaintiff, by her attorneys, NAPOLI SHKOLNIK PLLC, complaining of the defendants,
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`respectfully alleges upon information and belief:
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`I.
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`THE PARTIES
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`a. Plaintiff
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`1.
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`That at all times hereinafter mentioned, plaintiff SANDRA THOMAS-WATSON, is the
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`daughter of the decedent, BELINDA THOMAS, and is a resident of the State of New York, County of
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`Richmond.
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`2.
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`That at all times hereinafter mentioned, plaintiff’s decedent, BELINDA THOMAS, was a
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`resident of the County of Richmond, State of New York.
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`3.
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`That on May 1, 2020, plaintiff’s decedent, BELINDA THOMAS, died in the County of
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`Richmond, State of New York.
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`4.
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`That on April 24, 2023, Letters of Administration were granted by the Richmond County
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`Surrogate’s Court to plaintiff SANDRA THOMAS-WATSON, appointing her Administratix of the Estate
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`of BELINDA THOMAS.
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`5.
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`That at all times hereinafter mentioned, BELINDA THOMAS and her next of kin are
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`represented in this action by her daughter, SANDRA THOMAS-WATSON, as Administratrix of her Estate.
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`6.
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`This action falls within one or more exceptions as set forth in N.Y. Civil Practice Laws and
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`Rules (“C.P.L.R.”) Article 16.
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`3 of 51
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`FILED: RICHMOND COUNTY CLERK 05/15/2023 02:10 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 150906/2023
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`RECEIVED NYSCEF: 05/15/2023
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`7.
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`This action is filed pursuant to C.P.L.R. §205-a.
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`b. Defendant CLOVE LAKES HEALTH CARE AND REHABILITATION CENTER INC.
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`8.
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`According to the New York Department of Health, defendant CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC. is the owner and operator of the nursing home facility
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`located at 25 Fanning Street, Staten Island, New York 10314, County of Richmond.
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`9.
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`That at all times relevant hereto, the term “nursing home” shall refer to and include
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`defendants CLOVE LAKES HEALTH CARE AND REHABILITATION CENTER INC., ABC
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`CORPORATION and/or ABC PARTNERSHIP, the owner(s) and operator(s) of same, as well as any
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`agents, representatives, employees, care givers, nurses, directors, doctors, physician’s assistants, or staff
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`members of said facility or corporations.
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`10.
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`Defendant CLOVE LAKES HEALTH CARE AND REHABILITATION CENTER INC.
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`is located at 25 Fanning Street, Staten Island, New York 10314.
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`11.
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`That at all times hereinafter mentioned, upon information and belief, defendant CLOVE
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`LAKES HEALTH CARE AND REHABILITATION CENTER INC. was and still is a domestic
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`corporation, duly organized under and existing by virtue of the laws of the State of New York.
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`12.
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`That at all times hereinafter mentioned, upon information and belief, the defendant,
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`CLOVE LAKES HEALTH CARE AND REHABILITATION CENTER INC., was and still is a business
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`entity doing business within the State of New York.
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`13.
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`That at all times hereinafter mentioned, upon information and belief, defendant CLOVE
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`LAKES HEALTH CARE AND REHABILITATION CENTER INC., maintained its principal place of
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`business in the County of Richmond, State of New York.
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`14.
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`Prior to and at all times hereinafter mentioned, defendant CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC. was authorized to do business and to operate a nursing
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`home facility located at 25 Fanning Street, Staten Island, New York 10314, County of Richmond , State of
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`New York.
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`4 of 51
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`FILED: RICHMOND COUNTY CLERK 05/15/2023 02:10 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 150906/2023
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`RECEIVED NYSCEF: 05/15/2023
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`15.
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`Prior to and at all times hereinafter mentioned, defendant CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC., INC was and is the owner of a certain nursing home
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`facility located at 25 Fanning Street, Staten Island, New York 10314, County of Richmond, State of New
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`York.
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`16.
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`That at all times hereinafter mentioned, upon information and belief, defendant CLOVE
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`LAKES HEALTH CARE AND REHABILITATION CENTER INC. was the lessor of the aforesaid
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`nursing home facility.
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`17.
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`That at all times hereinafter mentioned, upon information and belief, defendant CLOVE
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`LAKES HEALTH CARE AND REHABILITATION CENTER INC. was the lessee of the aforesaid
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`nursing home facility.
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`18.
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`That at all times hereinafter mentioned, upon information and belief, defendant CLOVE
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`LAKES HEALTH CARE AND REHABILITATION CENTER INC. maintained, managed, operated,
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`controlled, supervised, and inspected the aforesaid nursing home facility.
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`19.
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`Prior to and at all times hereinafter mentioned, defendant CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC. had possession and control of the building and facilities
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`where the aforesaid nursing home facility is located.
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`20.
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`That at all times relevant hereto, upon information and belief, defendant CLOVE LAKES
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`HEALTH CARE AND REHABILITATION CENTER INC. owned the premises and appurtenances and
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`fixtures thereto, located at 25 Fanning Street, Staten Island, New York 10314, County of Richmond, State
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`of New York.
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`21.
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`Prior to and at all times hereinafter mentioned, the defendant, CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC. INC., was and still remains engaged in conducting and
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`operating a nursing home facility located at 25 Fanning Street, Staten Island, New York 10314, County of
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`Richmond, State of New York, and holds itself out to the general public as a facility providing such care
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`and accommodations where patients can be treated by competent and skilled physicians and nursing staff
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`to care for those who are ill.
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`5 of 51
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`FILED: RICHMOND COUNTY CLERK 05/15/2023 02:10 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 150906/2023
`
`RECEIVED NYSCEF: 05/15/2023
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`22.
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`Prior to and at all times hereinafter mentioned, the defendant, CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC., INC., was and still remains engaged in conducting and
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`operating a nursing home facility located at 25 Fanning Street, Staten Island, New York 10314, County of
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`Richmond, State of New York, and holds itself out to the general public as a facility providing such care
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`and accommodations where patients can be treated by competent and skilled physicians and nursing staff
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`to care for those who are ill.
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`23.
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`Prior to and at all times hereinafter mentioned, the defendant, CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC., INC., was and still remains engaged in conducting and
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`operating a nursing home facility for the rehabilitation care of ill and injured persons located at 25 Fanning
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`Street, Staten Island, New York 10314, County of Richmond, State of New York, and holds itself out to
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`the general public as a facility providing such care and accommodations where patients can be treated by
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`competent and skilled physicians and nursing staff.
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`24.
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`That at all times relevant hereto, defendant CLOVE LAKES HEALTH CARE AND
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`REHABILITATION CENTER INC. claimed to provide for the proper care and safety of the residents at
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`their nursing home facility, claimed to provide personnel, including doctors, nurses, attendants, assistance
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`and others for the proper, safety and good treatment of its patients and residents, and held itself out to the
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`general public as furnishing treatment facilities where patients and residents, including plaintiff’s decedent,
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`BELINDA THOMAS, could be provided with proper care and safety.
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`25.
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`That at all times hereinafter mentioned, defendant CLOVE LAKES HEALTH CARE AND
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`REHABILITATION CENTER INC. represented that its nursing home, located at 25 Fanning Street, Staten
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`Island, New York 10314, was competent to perform and render all the resident care, medical care, treatment,
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`services and advice required by plaintiff’s decedent, BELINDA THOMAS.
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`26.
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`That at all times relevant hereto, defendant CLOVE LAKES HEALTH CARE AND
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`REHABILITATION CENTER INC. was operating a nursing home in the State of New York within the
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`meaning of Article 28 of the Public Health Law and at all times relevant hereto, defendant was under a duty
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`to comply with all duties set forth in that chapter.
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`6 of 51
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`FILED: RICHMOND COUNTY CLERK 05/15/2023 02:10 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 150906/2023
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`RECEIVED NYSCEF: 05/15/2023
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`27.
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`That at all times relevant hereto, nursing homes in the State of New York must comply
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`with all pertinent Federal, State and local laws, regulations, codes, standards and principals, pursuant to the
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`New York Code, Rules and Regulations (NYCRR), 10 NYCRR 415.1 (b)(4).
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`28.
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`That at all times relevant hereto, nursing homes in the State of New York are required to
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`provide care and services in a manner and quality consistent with generally accepted standards of practice
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`pursuant to 10 NYCRR 415.1(b)(1).
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`29.
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`That at all times relevant hereto, the nursing home of defendant CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC. was and still is a participant in Medicare and Medicaid.
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`30.
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`That at all times hereinafter mentioned, to participate in Medicare and Medicaid programs,
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`the nursing home of defendant CLOVE LAKES HEALTH CARE AND REHABILITATION CENTER
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`INC. was required to be in compliance with the Federal requirements for long-term care as prescribed in
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`the U.S. Code of Federal Regulations, 42 C.F.R. §483.
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`31.
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`That at all times hereinafter mentioned, to participate in Medicare and Medicaid programs,
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`the nursing home of defendant CLOVE LAKES HEALTH CARE AND REHABILITATION CENTER
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`INC. was and still is aware that it is required to be in compliance with the Federal requirements for long-
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`term care as prescribed in the U.S. Code of Federal Regulations, 42 C.F.R. §483.
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`32.
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`That under the Code of Federal Regulations, the nursing home facility of defendant
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`CLOVE LAKES HEALTH CARE AND REHABILITATION CENTER INC., must:
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`a. have sufficient nursing staff to provide nursing and related
`services to attain and maintain the highest practicable physical,
`mental, and psycho- social well-being of each resident (42 C.F.R.
`§483.30); and,
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`b. provide, if a resident is unable to carry out activities of daily
`living, the necessary services to maintain good nutrition,
`grooming, and personal and oral hygiene (42 C.F.R. §483.25);
`and,
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`c. ensure that the resident’s environment remains free of accident
`hazards (42 C.F.R. §483.25(h)(1)); and,
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`d. ensure that each resident receives adequate supervision and
`assistance devices to prevent accidents (42 C.F.R. §483.25(h)(2));
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`7 of 51
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`FILED: RICHMOND COUNTY CLERK 05/15/2023 02:10 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 150906/2023
`
`RECEIVED NYSCEF: 05/15/2023
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`and,
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`e. ensure that a resident maintains acceptable parameters of
`nutritional status such as body weight and protein levels (42
`C.F.R. §483.25); and,
`
`f. provide an appropriate assessment of each resident entering a
`certified nursing home and the development and implementation
`of an appropriate care plan so that each resident is allowed to
`attain and maintain the highest practicable mental, physical and
`psycho-social well-being (42 C.F.R. §483.1); and,
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`g. ensure that the facility protects the resident from unnecessary
`falls and accidents (42 C.F.R. §483.25(h)); and,
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`h. conduct an initial assessment to determine the resident’s risks
`of falling and develop a care plan that is tailored to address the
`resident’s needs (42 C.F.R. §483.20); and,
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`i. report any resident falls to the attending physician and also to
`the responsible party for the resident and to monitor the resident’s
`complications from the fall; and,
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`j. the nursing home facility further has an obligation to investigate
`the cause of all falls and develop a plan to protect
`the resident from future falls (42 C.F.R. §483.10(10)); and
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`k. conduct initially (no later than 14 days after admission) and
`periodically (after a significant change in the resident’s physical
`or mental condition and in no case, less often than once every 12
`months) a comprehensive, accurate, standardized, reproducible
`assessment of each resident’s functional capacity (42 C.F.R.
`§483.20); and,
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`l. develop a comprehensive care plan for each resident that
`includes measurable objectives and timetables to meet a resident’s
`medical, nursing, and mental and psycho-social needs that are
`identified in the comprehensive assessment. The care plan must
`be developed within 7 days after completion of the comprehensive
`assessment and describe the services that are to be furnished. Also,
`the care plan must be periodically reviewed and revised by a team
`of qualified persons after each assessment (42 C.F.R. §483.20);
`and,
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`m. prevent the deterioration of a resident’s ability to bathe, dress,
`groom, transfer and ambulate, toilet, eat, and to use speech,
`language or other functional communication systems (42 C.F.R.
`§483.25); and,
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`n. ensure that residents receive proper treatment and assistive
`devices to maintain vision and hearing abilities (42 C.F.R.
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`8 of 51
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`FILED: RICHMOND COUNTY CLERK 05/15/2023 02:10 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 150906/2023
`
`RECEIVED NYSCEF: 05/15/2023
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`§483.25); and,
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`o. ensure that residents do not develop [pressure sores and, if a
`resident has pressure sores, must provide the necessary treatment
`and services to promote healing (42 C.F.R. §483.25); and,
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`p. provide appropriate treatment and services to incontinent
`residents to restore as much normal bladder functioning as
`possible and prevent injury tract infections (42 C.F.R. §483.25);
`and,
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`q. provide each resident with sufficient fluid intake to maintain
`proper hydration and health (42 C.F.R. §483.25); and,
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`r. ensure that residents are free of any significant medication errors
`(42 C.F.R. §483.25); and,
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`s. care for its residents in a manner and in an environment that
`promotes maintenance or enhancement of each resident’s quality
`of life (42 C.F.R. §483.15); and,
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`t. promote care for residents in a manner and in an environment
`that maintains or enhances each resident’s dignity and respect in
`full recognition of his or her individuality (42 C.F.R. §483.15);
`and,
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`u. ensure that the resident has the right to chose activities
`schedules, and health care consistent with his or her interests,
`assessments, and plan of care (42 C.F.R. §483.15); and,
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`v. ensure that the medical care of each resident is supervised by a
`physician and must provide or arrange for the provision of
`physician services 24 hours per day, in case of an emergency (42
`C.F.R. §483.40); and,
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`w. provide pharmaceutical services (including procedures that
`assure
`the accurate acquiring, receiving, dispensing, and
`administering of all drugs and biologicals) to meet the needs of
`each resident (42 C.F.R. §483.75); and,
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`x. be administered in a manner that enables it to use its resources
`effectively and efficiently to attain or maintain the highest
`practicable physical, mental and psychosocial well-being of each
`resident (42 C.F.R. §483.75); and,
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`y. maintain clinical records on each resident in accordance
`with accepted professional standards and practices that
`are complete, accurately documented, readily accessible,
`and systematically organized (42 C.F.R. §483.75).
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`9 of 51
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`FILED: RICHMOND COUNTY CLERK 05/15/2023 02:10 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 150906/2023
`
`RECEIVED NYSCEF: 05/15/2023
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`33.
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`That at all times relevant hereto, defendant CLOVE LAKES HEALTH CARE AND
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`REHABILITATION CENTER INC. had the duty to properly complete a comprehensive assessment for
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`plaintiff’s decedent BELINDA THOMAS.
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`34.
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`That at all times relevant hereto, defendant CLOVE LAKES HEALTH CARE AND
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`REHABILITATION CENTER INC. had the duty to update a comprehensive assessment for plaintiff’s
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`decedent BELINDA THOMAS and to keep it current.
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`35.
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`That at all times relevant hereto, defendant CLOVE LAKES HEALTH CARE AND
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`REHABILITATION CENTER INC. had the duty to properly complete a comprehensive care plan for
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`plaintiff’s decedent BELINDA THOMAS.
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`36.
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`That at all times relevant hereto, defendant CLOVE LAKES HEALTH CARE AND
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`REHABILITATION CENTER INC. had the duty to update a comprehensive care plan for plaintiff’s
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`decedent BELINDA THOMAS and to keep it current.
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`37.
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`That at all times relevant hereto, defendant CLOVE LAKES HEALTH CARE AND
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`REHABILITATION CENTER INC., by its officers, employees, agents and/or servants, under OBRA 42
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`C.F.R. §483.25 and New York State rules and regulations, had the duty to ensure that each resident must
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`receive and the facility must provide the necessary care and services to attain or maintain the highest
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`practicable physical, mental and psycho-social well-being, in accordance with the comprehensive
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`assessment and care plan.
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`38.
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`Prior to and at all times relevant hereto, defendant CLOVE LAKES HEALTH CARE AND
`
`REHABILITATION CENTER INC. conducted business as a nursing home facility located at 25 Fanning
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`Street, Staten Island, New York 10314, County of Richmond, State of New York, as licensed and defined
`
`under New York Public Health Law Section 2801(2).
`
`39.
`
`Prior to and at all times relevant hereto, defendant CLOVE LAKES HEALTH CARE AND
`
`REHABILITATION CENTER INC. conducted business as a residential health care facility located at 25
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`Fanning Street, Staten Island, New York 10314, County of Richmond, State of New York, as licensed and
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`defined under New York Public Health Law Section 2801(3).
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`10 of 51
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`FILED: RICHMOND COUNTY CLERK 05/15/2023 02:10 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 150906/2023
`
`RECEIVED NYSCEF: 05/15/2023
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`40.
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`Prior to and at all times hereinafter mentioned, the defendant, CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC., conducted business as an adult care facility located at
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`25 Fanning Street, Staten Island, New York 10314, County of Richmond, State of New York, as licensed
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`and defined under New York Public Health Law Section 2801(2).
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`41.
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`That at all times hereinafter mentioned, defendant CLOVE LAKES HEALTH CARE AND
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`REHABILITATION CENTER INC. was subject to the provisions of New York Public Health Law Section
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`2801-c.
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`42.
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`Prior to and at all times hereinafter mentioned, defendant CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC. was a nursing home facility providing therein nursing
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`care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health
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`related services pursuant to New York Public Health Law Section 2801(2).
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`43.
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`Prior to and at all times hereinafter mentioned, defendant CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC. is a nursing home as within the meaning of Public Health
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`Law Section 2801(2).
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`44.
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`Prior to and at all times hereinafter mentioned, defendant CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC. is a residential health care facility within the meaning of
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`Public Health Law Section 2801(3).
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`45.
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`Prior to and at all times relevant hereto, defendant CLOVE LAKES HEALTH CARE AND
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`REHABILITATION CENTER INC. was a facility subject to the provisions of New York Public Health
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`Law Section 2801-d.
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`46.
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`Prior to and at all times hereinafter mentioned, defendant CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC. was a facility subject to the provisions of New York
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`Public Health Law Section 2803-c.
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`47.
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`Prior to and at all times hereinafter mentioned, defendant CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC. was a facility subject to the-provisions of Public Health
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`Law Section 42 U.S.C. Section 1395(i) et seq.
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`11 of 51
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`FILED: RICHMOND COUNTY CLERK 05/15/2023 02:10 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 150906/2023
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`RECEIVED NYSCEF: 05/15/2023
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`48.
`
`Prior to and at all times hereinafter mentioned, defendant CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC. was a facility subject to the provisions of Public Health
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`Law Section 1396(r) (1990) et seq. as amended by the Omnibus Budget Reconciliation Act of 1987 (OBRA
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`Regulations).
`
`49.
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`Prior to and at all times hereinafter mentioned, defendant CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC. was a facility subject to the provisions of Public Health
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`Law Section 42 Code of Federal Regulations Parts 483, setting Medicare and Medicaid Requirements for
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`long term facilities ("OBRA" regulations) as effective October 1, 1990.
`
`50.
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`Prior to and at all times hereinafter mentioned, the nursing home operated by defendant
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`CLOVE LAKES HEALTH CARE AND REHABILITATION CENTER INC. was a "nursing facility" as
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`defined by 42 U.S.C.A. Section 1396(r).
`
`51.
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`Prior to and at all times hereinafter mentioned, defendant CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC. is a licensed nursing home as such term is understood in
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`law.
`
`52.
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`Prior to and at all times hereinafter mentioned, defendant CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC. is a nursing home certified for participation in the
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`Medicare and Medicaid program as an intermediate skilled care facility.
`
`53.
`
`Prior to and at all times hereinafter mentioned, by reason of selection to participate as a
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`long-term care provider, defendant CLOVE LAKES HEALTH CARE AND REHABILITATION
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`CENTER INC. was able to enjoy substantial revenues paid for by tax fare funded government programs.
`
`54.
`
`Prior to and at all times hereinafter mentioned, the aforementioned government programs
`
`provided defendant CLOVE LAKES HEALTH CARE AND REHABILITATION CENTER INC. with a
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`guaranteed source of income and a continual flow of residents whose care was paid for by the Medicare
`
`and Medicaid program or some other taxpayer funded program.
`
`55.
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`Prior to and at all times hereinafter mentioned, plaintiff-decedent, was the type of resident
`
`whose care was paid for by the government and was the type of resident defendant CLOVE LAKES
`
`
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`INDEX NO. 150906/2023
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`RECEIVED NYSCEF: 05/15/2023
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`HEALTH CARE AND REHABILITATION CENTER INC. actively sought in order to fill their empty
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`beds, increase their rate of occupancy, and overall revenues.
`
`56.
`
`At all times relevant to this Complaint, defendant CLOVE LAKES HEALTH CARE AND
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`REHABILITATION CENTER INC. was a proprietary corporation engaged in the for-profit operation of a
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`nursing home, which claimed to “specialize” in the care of helpless individuals who are chronically infirm,
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`mentally dysfunctional and/or in need of nursing care and treatment.
`
`57.
`
`Prior to and at all times hereinafter mentioned, in an effort to ensure that the plaintiff-
`
`decedent and other patients whose care was funded by the government were placed at their nursing home,
`
`defendant CLOVE LAKES HEALTH CARE AND REHABILITATION CENTER INC. held itself out to
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`the New York Department of Health, the New York Department of Social Services and the public at large
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`as being skilled in the performance of nursing, and other medical support services.
`
`58.
`
`Prior to and at all times hereinafter mentioned, in an effort to ensure that the plaintiff-
`
`decedent and other patients whose care was funded by the government were placed at their nursing home,
`
`defendant CLOVE LAKES HEALTH CARE AND REHABILITATION CENTER INC. held itself out to
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`the New York Department of Health, the New York Department of Social Services and the public at large
`
`as being properly staffed, supervised and equipped to meet the total needs of their nursing home residents.
`
`59.
`
`Prior to and at all times hereinafter mentioned, in an effort to ensure that the plaintiff-
`
`decedent and other patients whose care was funded by the government were placed at their nursing home,
`
`defendant CLOVE LAKES HEALTH CARE AND REHABILITATION CENTER INC. held itself out to
`
`the New York Department of Health, the New York Department of Social Services, and the public at large
`
`as being able to specifically meet the total nursing, medical and physical therapy needs of plaintiff’s
`
`decedent and other residents like her.
`
`60.
`
`Prior to and at all times hereinafter mentioned, defendant CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC., its principals, supervisors, agents, officers, employees,
`
`independent medical personnel, independent contractors, and/or Administrator; Assistant Administrator;
`
`Director of Nursing; Assistant Director of Nursing; Medical Director; Assistant Medical Director, or any
`
`
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`INDEX NO. 150906/2023
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`RECEIVED NYSCEF: 05/15/2023
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`or all of its corporate defendant stockholders, employees, independent medical personnel and/or
`
`independent contractors, or those of its nursing home, and all staff and personnel affiliated with defendant,
`
`were all well aware of the medical conditions and the care that plaintiff’s decedent required, represented
`
`that they could adequately care for her needs, and persuaded the plaintiff’s decedent and decedent's family
`
`to that effect.
`
`61.
`
`That at all times relevant hereto, plaintiff’s decedent, BELINDA THOMAS, was a resident
`
`at defendant’s facility located at 25 Fanning Street, Staten Island, New York 10314, County of Richmond,
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`State of New York, and was under the care and management of defendant CLOVE LAKES HEALTH
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`CARE AND REHABILITATION CENTER INC..
`
`62.
`
`That at all times relevant hereto, defendant CLOVE LAKES HEALTH CARE AND
`
`REHABILITATION CENTER INC. stood in such a relationship with plaintiff’s decedent BELINDA
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`THOMAS, as to make it liable for the acts and omissions of its doctors, nurses, staff and employees.
`
`c. Defendants ABC Corporation and ABC Partnership
`
`63. That at all times hereinafter mentioned, upon information and belief, defendant ABC
`
`CORPORATION was and still is a foreign or domestic corporation, duly organized under and existing by
`
`virtue of the laws of the State of New York. ABC CORPORATION is designated with a fictitious name
`
`because its identity and legal name is unknown to plaintiff at this time.
`
`64.
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` That at all times hereinafter mentioned, upon information and belief, defendants ABC
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`PARTNERSHIP was and still is a foreign or domestic partnership, duly organized under and existing by
`
`virtue of the laws of the State of New York. ABC PARTNERSHIP is designated with a fictitious name
`
`because its identity and legal name is unknown to plaintiff at this time.
`
`65.
`
` Based on information and belief, defendant CLOVE LAKES HEALTH CARE AND
`
`REHABILITATION CENTER INC. INC. is owned and operated by defendant ABC CORPORATION
`
`and/or ABC PARTNERSHIP, individually, jointly, severally, and in the alternative.
`
`STATEMENT OF FACTS COMMON TO ALL CAUSES OF ACTION
`
`
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`INDEX NO. 150906/2023
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`RECEIVED NYSCEF: 05/15/2023
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`66.
`
`On December 31, 2019, the World Health Organization (herein after referred to as “WHO”)
`
`China Country Office was informed of dozens of cases of pneumonia of unknown etiology detected in
`
`Wuhan City, Hubei Province of China.
`
`67.
`
`In or around January 2020, Defendants were made aware of severe acute respiratory
`
`syndrome coronavirus 2 (SARS-CoV-2) spreading world-wide and nationally, known colloquially as the
`
`coronavirus, that caused severe medical distress and death in individuals who caught the disease, especially,
`
`the elderly.
`
`68.
`
`On January 7, 2020, the viral outbreak in Wuhan, China was identified as a new type/strain
`
`of coronavirus, 2019-nCoV (hereinafter referred to as “novel coronavirus”).
`
`69.
`
`SARS-CoV-2 is known and documented to cause a debilitating and deadly disease, the
`
`Coronavirus disease 2019(hereinafter, “COVID-19”).
`
`70.
`
`On January 11, 2020, Chinese state media reported its first known death from the novel
`
`coronavirus.
`
`71.
`
`On January 12, 2020, China shared the genetic sequence of the novel coronavirus for
`
`countries to use in developing specific diagnostic kits.
`
`72.
`
`On January 20, 2020, Japan, South Korea and Thailand reported their first confirmed cases
`
`of the novel coronavirus. On that same day, the head of a Chinese government coronavirus team confirmed
`
`that the novel coronavirus outbreak was transmitted by human-to-human contact, which was a development
`
`that put medical facilities, institutions, and long-term skilled nursing facilities on notice of the possibility
`
`that the novel corona virus could spread quickly and widely.
`
`73.
`
`On January 23, 2020, the United States and WHO confirmed its first case of the novel
`
`coronavirus in the State of Washington.
`
`74.
`
`On February 11, 2020, the WHO announced “COVID-19” as the shortened name of the
`
`novel “coronavirus disease 2019”.
`
`
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`INDEX NO. 150906/2023
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`RECEIVED NYSCEF: 05/15/2023
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`75.
`
`On February 13, 2020, the U.S. Director of The Centers for Disease Control and Prevention
`
`(hereinafter referred to as “CDC”) announced that COVID-19 will likely become a community virus and
`
`remain beyond this current season.
`
`76.
`
`On February 25, 2020, the CDC issued a warning that spread of the virus to the United
`
`States is likely and that people should prepare; and U.S. senators receive a classified briefing on the Trump
`
`administration’s coronavirus response.
`
`77.
`
`COVID-19 can and has spread rapidly in long-term residential care facilities and persons
`
`with chronic underlying medical conditions are at greater risk for COVID-19.
`
`78.
`
`On February 28, 2020, a case of the novel coronavirus disease was identified and confirmed
`
`in a woman resident of a long-term care skilled nursing facility in King County, Washington. A subsequent
`
`epidemiologic investigation identified 129 cases of COVID-19, including 81 residents (over 62% of the
`
`resident population), 34 staff members, and 14 visitors. 1
`
`79.
`
`These residents and/or patients there were the first in the nation to suffer from and die as a
`
`result of the COVID-19 virus, and news of the dire situation and the first deaths in the United States at the
`
`Life Car