throbber
FILED: SUFFOLK COUNTY CLERK 01/18/2023 01:04 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 601451/2023
`
`RECEIVED NYSCEF: 01/18/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`
`
`
`
`THE ESTATE OF TERESA BUA, by her Personal
`Representative, ANTHONY LAMASTRO,
`
` Plaintiff(s),
` -against-
`
`OASIS REHABILITATION AND NURSING, LLC; ABC
`CORPORATION; ABC PARTNERSHIP,
`
` Defendant(s),
`
`SUMMONS
`
`Index No.:
`Date Purchased:
`
`Plaintiff designates SUFFOLK
`County as the place of trial
`
`The basis of venue is defendant
`OASIS REHABILITATION AND
`NURSING, LLC’s address:
`6 Frowein Road
`Center Moriches, NY 11934
`
`
`
`To the above-named Defendants:
`
`YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
`
`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.
`
`Dated: Melville, New York
`January 18, 2023
`
`
`
`
`
`
`
`
`
`
`
`
`NAPOLI SHKOLNIK, PLLC
`Attorneys for Plaintiff
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: __________________________
`Joseph Ciaccio, Esq.
`400 Broadhollow Road, Suite 305
`Melville, New York 11747
`
`
`
`Defendant’s Address:
`
`OASIS REHABILITATION AND NURSING, LLC
`6 Frowein Road, Center Moriches, NY 11934
`
`
`
`1 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/18/2023 01:04 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 601451/2023
`
`RECEIVED NYSCEF: 01/18/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`
`THE ESTATE OF TERESA BUA, by her Personal
`Representative, ANTHONY LAMASTRO,
`
` Plaintiff(s),
` -against-
`
`OASIS REHABILITATION AND NURSING, LLC;
`ABC CORPORATION; ABC PARTNERSHIP,
`
` Defendant(s)
`
`
`
`
`Index No:
`
`VERIFIED
`COMPLAINT
`
`Plaintiff demands
`a Jury Trial
`
`
`Plaintiff, by his attorneys, NAPOLI SHKOLNIK PLLC, complaining of the defendants,
`
`respectfully alleges upon information and belief:
`
`a. Plaintiff
`
`I.
`
`THE PARTIES
`
`
`
`1.
`
`That at all times hereinafter mentioned, plaintiff ANTHONY LAMASTRO, is a friend of
`
`the decedent, TERESA BUA, and is a resident of the State of New York, County of Suffolk.
`
`2.
`
`That at all times hereinafter mentioned, plaintiff’s decedent, TERESA BUA, was a resident
`
`of the County of Suffolk, State of New York.
`
`3.
`
`That on January 19, 2021, plaintiff’s decedent, TERESA BUA, died at Oasis Rehabilitation
`
`and Nursing, LLC, in the County of Suffolk, State of New York.
`
`4.
`
`That at all times hereinafter mentioned, TERESA BUA and her next of kin are represented
`
`in this action by her friend, ANTHONY LAMASTRO, as Personal Representative of her Estate.
`
`5.
`
`This action falls within one or more exceptions as set forth in N.Y. Civil Practice Laws and
`
`Rules (“C.P.L.R.”) Article 16.
`
`b. Defendant CLR Oasis Rehabilitation and Nursing, LLC
`
`
`
`2 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/18/2023 01:04 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 601451/2023
`
`RECEIVED NYSCEF: 01/18/2023
`
`6.
`
`According
`
`to
`
`the New York Department of Health, defendant OASIS
`
`REHABILITATION AND NURSING, LLC is the owner and operator, which is located at 6 Frowein
`
`Road, Center Moriches, NY 11934.
`
`7.
`
`That at all times relevant hereto, the term “nursing home” shall refer to and include
`
`defendants OASIS REHABILITATION AND NURSING, LLC, ABC CORPORATION and/or ABC
`
`PARTNERSHIP, the owner(s) and operator(s) of same, as well as any agents, representatives, employees,
`
`care givers, nurses, directors, doctors, physician’s assistants, or staff members of said facility or
`
`corporations.
`
`8.
`
`Defendant OASIS REHABILITATION AND NURSING, LLC d/b/a OASIS
`
`REHABILITATION AND NURSING (hereinafter, “OASIS REHABILITATION AND NURSING”) is
`
`located at 6 Frowein Road, Center Moriches, NY 11934.
`
`9.
`
`That at all times hereinafter mentioned, upon information and belief, defendant OASIS
`
`REHABILITATION AND NURSING was and still is a domestic corporation, duly organized under and
`
`existing by virtue of the laws of the State of New York.
`
`10.
`
`That at all times hereinafter mentioned, upon information and belief, the defendant, OASIS
`
`REHABILITATION AND NURSING, was and still is a business entity doing business within the State of
`
`New York.
`
`11.
`
`That at all times hereinafter mentioned, upon information and belief, defendant OASIS
`
`REHABILITATION AND NURSING maintained its principal place of business in the County of Suffolk,
`
`State of New York.
`
`12.
`
`Prior to and at all times hereinafter mentioned, defendant OASIS REHABILITATION
`
`AND NURSING, LLC was authorized to do business and to operate a nursing home facility located at 6
`
`Frowein Road, Center Moriches, NY 11934, County of Suffolk, State of New York, known as OASIS
`
`REHABILITATION AND NURSING.
`
`
`
`3 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/18/2023 01:04 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 601451/2023
`
`RECEIVED NYSCEF: 01/18/2023
`
`13.
`
`Prior to and at all times hereinafter mentioned, defendant OASIS REHABILITATION
`
`AND NURSING, LLC was and is the owner of a certain nursing home facility located at 6 Frowein Road,
`
`Center Moriches, NY 11934, County of Suffolk, State of New York, known as
`
` OASIS
`
`REHABILITATION AND NURSING.
`
`14.
`
`That at all times hereinafter mentioned, upon information and belief, defendant OASIS
`
`REHABILITATION AND NURSING was the lessor of the aforesaid nursing home facility.
`
`15.
`
`That at all times hereinafter mentioned, upon information and belief, defendant OASIS
`
`REHABILITATION AND NURSING was the lessee of the aforesaid nursing home facility.
`
`16.
`
`That at all times hereinafter mentioned, upon information and belief, defendant OASIS
`
`REHABILITATION AND NURSING maintained, managed, operated, controlled, supervised, and
`
`inspected the aforesaid nursing home facility.
`
`17.
`
`Prior to and at all times hereinafter mentioned, defendant OASIS REHABILITATION
`
`AND NURSING had possession and control of the building and facilities where the aforesaid nursing home
`
`facility is located.
`
`18.
`
`That at all times relevant hereto, upon information and belief, defendant OASIS
`
`REHABILITATION AND NURSING owned the premises and appurtenances and fixtures thereto, located
`
`at 6 Frowein Road, Center Moriches, NY 11934, County of Suffolk, State of New York.
`
`19.
`
`Prior
`
`to and at all
`
`times hereinafter mentioned,
`
`the defendant, OASIS
`
`REHABILITATION AND NURSING, LLC, was and still remains engaged in conducting and
`
`operating a nursing home facility known as OASIS REHABILITATION AND NURSING, located at 6
`
`Frowein Road, Center Moriches, NY 11934, County of Suffolk , State of New York, and holds itself out
`
`to the general public as a facility providing such care and accommodations where patients can be treated
`
`by competent and skilled physicians and nursing staff to care for those who are ill.
`
`20.
`
`Prior
`
`to and at all
`
`times hereinafter mentioned,
`
`the defendant, OASIS
`
`REHABILITATION AND NURSING, LLC, was and still remains engaged in conducting and
`
`
`
`4 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/18/2023 01:04 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 601451/2023
`
`RECEIVED NYSCEF: 01/18/2023
`
`operating a nursing home facility for nursing care known as OASIS REHABILITATION AND NURSING,
`
`located at 6 Frowein Road, Center Moriches, NY 11934, County of Suffolk , State of New York, and holds
`
`itself out to the general public as a facility providing such care and accommodations where patients can be
`
`treated by competent and skilled physicians and nursing staff to care for those who are ill.
`
`21.
`
`Prior
`
`to and at all
`
`times hereinafter mentioned,
`
`the defendant, OASIS
`
`REHABILITATION AND NURSING, LLC, was and still remains engaged in conducting and
`
`operating a nursing home facility for the rehabilitation care of ill and injured persons known as OASIS
`
`REHABILITATION AND NURSING, located at 6 Frowein Road, Center Moriches, NY 11934, County
`
`of Suffolk, State of New York, and holds itself out to the general public as a facility providing such care
`
`and accommodations where patients can be treated by competent and skilled physicians and nursing staff.
`
`22.
`
`That at all times relevant hereto, defendant OASIS REHABILITATION AND NURSING
`
`claimed to provide for the proper care and safety of the residents at their nursing home facility, claimed to
`
`provide personnel, including doctors, nurses, attendants, assistance and others for the proper, safety and
`
`good treatment of its patients and residents, and held itself out to the general public as furnishing treatment
`
`facilities where patients and residents, including plaintiff’s decedent, TERESA BUA, could be provided
`
`with proper care and safety.
`
`23.
`
`That at all times hereinafter mentioned, defendant OASIS REHABILITATION AND
`
`NURSING represented that its nursing home, located at 6 Frowein Road, Center Moriches, NY 11934,
`
`County of Suffolk, State of New York, was competent to perform and render all the resident care, medical
`
`care, treatment, services and advice required by plaintiff’s decedent, TERESA BUA.
`
`24.
`
`That at all times relevant hereto, defendant OASIS REHABILITATION AND NURSING
`
`was operating a nursing home in the State of New York within the meaning of Article 28 of the Public
`
`Health Law and at all times relevant hereto, defendant was under a duty to comply with all duties set forth
`
`in that chapter.
`
`
`
`5 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/18/2023 01:04 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 601451/2023
`
`RECEIVED NYSCEF: 01/18/2023
`
`25.
`
`That at all times relevant hereto, nursing homes in the State of New York must comply
`
`with all pertinent Federal, State and local laws, regulations, codes, standards and principals, pursuant to the
`
`New York Code, Rules and Regulations (NYCRR), 10 NYCRR 415.1 (b)(4).
`
`26.
`
`That at all times relevant hereto, nursing homes in the State of New York are required to
`
`provide care and services in a manner and quality consistent with generally accepted standards of practice
`
`pursuant to 10 NYCRR 415.1(b)(1).
`
`27.
`
`That at all
`
`times
`
`relevant hereto,
`
`the nursing home of defendant OASIS
`
`REHABILITATION AND NURSING was and still is a participant in Medicare and Medicaid.
`
`28.
`
`That at all times hereinafter mentioned, to participate in Medicare and Medicaid programs,
`
`the nursing home of defendant OASIS REHABILITATION AND NURSING was required to be in
`
`compliance with the Federal requirements for long-term care as prescribed in the U.S. Code of Federal
`
`Regulations, 42 C.F.R. §483.
`
`29.
`
`That at all times hereinafter mentioned, to participate in Medicare and Medicaid programs,
`
`the nursing home of defendant OASIS REHABILITATION AND NURSING was and still is aware that it
`
`is required to be in compliance with the Federal requirements for long-term care as prescribed in the U.S.
`
`Code of Federal Regulations, 42 C.F.R. §483.
`
`30.
`
`That under the Code of Federal Regulations, the nursing home facility of defendant OASIS
`
`REHABILITATION AND NURSING, must:
`
`
`
`
`
`
`
`
`
`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,
`
`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,
`
`c. ensure that the resident’s environment remains free of accident
`hazards (42 C.F.R. §483.25(h)(1)); and,
`
`d. ensure that each resident receives adequate supervision and
`assistance devices to prevent accidents (42 C.F.R. §483.25(h)(2));
`
`
`
`6 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/18/2023 01:04 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 601451/2023
`
`RECEIVED NYSCEF: 01/18/2023
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`and,
`
`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,
`
`g. ensure that the facility protects the resident from unnecessary
`falls and accidents (42 C.F.R. §483.25(h)); and,
`
`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,
`
`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,
`
`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
`
`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,
`
`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,
`
`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,
`
`n. ensure that residents receive proper treatment and assistive
`devices to maintain vision and hearing abilities (42 C.F.R.
`
`
`
`7 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/18/2023 01:04 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 601451/2023
`
`RECEIVED NYSCEF: 01/18/2023
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`§483.25); and,
`
`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,
`
`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,
`
`q. provide each resident with sufficient fluid intake to maintain
`proper hydration and health (42 C.F.R. §483.25); and,
`
`r. ensure that residents are free of any significant medication errors
`(42 C.F.R. §483.25); and,
`
`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,
`
`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,
`
`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,
`
`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,
`
`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,
`
`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,
`
`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).
`
`
`8 of 50
`
`
`
`
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/18/2023 01:04 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 601451/2023
`
`RECEIVED NYSCEF: 01/18/2023
`
`31.
`
`That at all times relevant hereto, defendant OASIS REHABILITATION AND NURSING
`
`had the duty to properly complete a comprehensive assessment for plaintiff’s decedent TERESA BUA
`
`32.
`
`That at all times relevant hereto, defendant OASIS REHABILITATION AND NURSING
`
`had the duty to update a comprehensive assessment for plaintiff’s decedent TERESA BUA and to keep it
`
`current.
`
`33.
`
`That at all times relevant hereto, defendant OASIS REHABILITATION AND NURSING
`
`had the duty to properly complete a comprehensive care plan for plaintiff’s decedent TERESA BUA.
`
`34.
`
`That at all times relevant hereto, defendant OASIS REHABILITATION AND NURSING
`
`had the duty to update a comprehensive care plan for plaintiff’s decedent TERESA BUA and to keep it
`
`current.
`
`35.
`
`That at all times relevant hereto, defendant OASIS REHABILITATION AND NURSING,
`
`by its officers, employees, agents and/or servants, under OBRA 42 C.F.R. §483.25 and New York State
`
`rules and regulations, had the duty to ensure that each resident must receive and the facility must provide
`
`the necessary care and services to attain or maintain the highest practicable physical, mental and psycho-
`
`social well-being, in accordance with the comprehensive assessment and care plan.
`
`36.
`
`Prior to and at all times relevant hereto, defendant OASIS REHABILITATION AND
`
`NURSING conducted business as a nursing home facility located at 6 Frowein Road, Center Moriches, NY
`
`11934, County of Suffolk, State of New York, as licensed and defined under New York Public Health Law
`
`Section 2801(2).
`
`37.
`
`Prior to and at all times relevant hereto, defendant OASIS REHABILITATION AND
`
`NURSING conducted business as a residential health care facility located at 6 Frowein Road, Center
`
`Moriches, NY 11934, County of Suffolk, State of New York, as licensed and defined under New York
`
`Public Health Law Section 2801(3).
`
`38.
`
`Prior to and at all times hereinafter mentioned, the defendant, OASIS REHABILITATION
`
`AND NURSING, conducted business as an adult care facility located at 6 Frowein Road, Center Moriches,
`
`
`
`9 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/18/2023 01:04 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 601451/2023
`
`RECEIVED NYSCEF: 01/18/2023
`
`NY 11934, County of Suffolk, State of New York, as licensed and defined under New York Public Health
`
`Law Section 2801(2).
`
`39.
`
`That at all times hereinafter mentioned, defendant OASIS REHABILITATION AND
`
`NURSING was subject to the provisions of New York Public Health Law Section 2801-c.
`
`40.
`
`Prior to and at all times hereinafter mentioned, defendant OASIS REHABILITATION
`
`AND NURSING was a nursing home facility providing therein nursing care to sick, invalid, infirm,
`
`disabled or convalescent persons in addition to lodging and board or health related services pursuant to
`
`New York Public Health Law Section 2801(2).
`
`41.
`
`Prior to and at all times hereinafter mentioned, defendant OASIS REHABILITATION
`
`AND NURSING is a nursing home as within the meaning of Public Health Law Section 2801(2).
`
`42.
`
`Prior to and at all times hereinafter mentioned, defendant OASIS REHABILITATION
`
`AND NURSING is a residential health care facility within the meaning of Public Health Law Section
`
`2801(3).
`
`43.
`
`Prior to and at all times relevant hereto, defendant OASIS REHABILITATION AND
`
`NURSING was a facility subject to the provisions of New York Public Health Law Section 2801-d.
`
`44.
`
`Prior to and at all times hereinafter mentioned, defendant OASIS REHABILITATION
`
`AND NURSING was a facility subject to the provisions of New York Public Health Law Section 2803-c.
`
`45.
`
`Prior to and at all times hereinafter mentioned, defendant OASIS REHABILITATION
`
`AND NURSING was a facility subject to the-provisions of Public Health Law Section 42 U.S.C. Section
`
`1395(i) et seq.
`
`46.
`
`Prior to and at all times hereinafter mentioned, defendant OASIS REHABILITATION
`
`AND NURSING was a facility subject to the provisions of Public Health Law Section 1396(r) (1990) et
`
`seq. as amended by the Omnibus Budget Reconciliation Act of 1987 (OBRA Regulations).
`
`47.
`
`Prior to and at all times hereinafter mentioned, defendant OASIS REHABILITATION
`
`AND NURSING was a facility subject to the provisions of Public Health Law Section 42 Code of Federal
`
`
`
`10 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/18/2023 01:04 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 601451/2023
`
`RECEIVED NYSCEF: 01/18/2023
`
`Regulations Parts 483, setting Medicare and Medicaid Requirements for long term facilities ("OBRA"
`
`regulations) as effective October 1, 1990.
`
`48.
`
`Prior to and at all times hereinafter mentioned, the nursing home operated by defendant
`
`OASIS REHABILITATION AND NURSING was a "nursing facility" as defined by 42 U.S.C.A. Section
`
`1396(r).
`
`49.
`
`Prior to and at all times hereinafter mentioned, defendant OASIS REHABILITATION
`
`AND NURSING is a licensed nursing home as such term is understood in law.
`
`50.
`
`Prior to and at all times hereinafter mentioned, defendant OASIS REHABILITATION
`
`AND NURSING is a nursing home certified for participation in the Medicare and Medicaid program as an
`
`intermediate skilled care facility.
`
`51.
`
`Prior to and at all times hereinafter mentioned, by reason of selection to participate as a
`
`long-term care provider, defendant OASIS REHABILITATION AND NURSING was able to enjoy
`
`substantial revenues paid for by tax fare funded government programs.
`
`52.
`
`Prior to and at all times hereinafter mentioned, the aforementioned government programs
`
`provided defendant OASIS REHABILITATION AND NURSING with a 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.
`
`53.
`
`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 OASIS
`
`REHABILITATION AND NURSING actively sought in order to fill their empty beds, increase their rate
`
`of occupancy, and overall revenues.
`
`54.
`
`At all times relevant to this Complaint, defendant OASIS REHABILITATION AND
`
`NURSING was a proprietary corporation engaged in the for-profit operation of a nursing home, which
`
`claimed to “specialize” in the care of helpless individuals who are chronically infirm, mentally
`
`dysfunctional and/or in need of nursing care and treatment.
`
`
`
`11 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/18/2023 01:04 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 601451/2023
`
`RECEIVED NYSCEF: 01/18/2023
`
`55.
`
`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 OASIS REHABILITATION AND NURSING held itself out to the New York Department of
`
`Health, the New York Department of Social Services and the public at large as being skilled in the
`
`performance of nursing, and other medical support services.
`
`56.
`
`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 OASIS REHABILITATION AND NURSING held itself out to 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.
`
`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 OASIS REHABILITATION AND NURSING 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.
`
`58.
`
`Prior to and at all times hereinafter mentioned, defendant OASIS REHABILITATION
`
`AND NURSING, 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 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.
`
`59.
`
`That at all times relevant hereto, plaintiff’s decedent, TERESA BUA, was a resident at
`
`defendant’s facility located at 6 Frowein Road, Center Moriches, NY 11934, County of Suffolk, State of
`
`
`
`12 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/18/2023 01:04 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 601451/2023
`
`RECEIVED NYSCEF: 01/18/2023
`
`New York, and was under the care and management of defendant OASIS REHABILITATION AND
`
`NURSING.
`
`60.
`
`That at all times relevant hereto, defendant OASIS REHABILITATION AND NURSING
`
`stood in such a relationship with plaintiff’s decedent TERESA BUA, as to make it liable for the acts and
`
`omissions of its doctors, nurses, staff and employees.
`
`c. Defendants ABC Corporation and ABC Partnership
`
`61. 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.
`
`62.
`
` That at all times hereinafter mentioned, upon information and belief, defendants ABC
`
`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.
`
`63.
`
` Based on information and belief, defendant OASIS REHABILITATION AND
`
`NURSING, LLC d/b/a OASIS REHABILITATION AND NURSING 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
`
`64.
`
`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.
`
`65.
`
`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.
`
`
`
`13 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/18/2023 01:04 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 601451/2023
`
`RECEIVED NYSCEF: 01/18/2023
`
`66.
`
`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”).
`
`67.
`
`SARS-CoV-2 is known and documented to cause a debilitating and deadly disease, the
`
`Coronavirus disease 2019(hereinafter, “COVID-19”).
`
`68.
`
`On January 11, 2020, Chinese state media reported its first known death from the novel
`
`coronavirus.
`
`69.
`
`On January 12, 2020, China shared the genetic sequence of the novel coronavirus for
`
`countries to use in developing specific diagnostic kits.
`
`70.
`
`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.
`
`71.
`
`On January 23, 2020, the United States and WHO confirmed its first case of the novel
`
`coronavirus in the State of Washington.
`
`72.
`
`On February 11, 2020, the WHO announced “COVID-19” as the shortened name of the
`
`novel “coronavirus disease 2019”.
`
`73.
`
`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.
`
`74.
`
`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.
`
`75.
`
`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.
`
`
`
`14 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/18/2023 01:04 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 601451/2023
`
`RECEIVED NYSCEF: 01/18/2023
`
`76.
`
`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
`
`77.
`
`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 Care Center in Kirkland, Washington was widespread all throughout the United States and was known
`
`to all nursing homes.
`
`78.
`
`On February 29, 2020, the United States instituted “do not travel warnings” for affected
`
`areas including Italy and South Korea.
`
`79.
`
`On February 29, 2020, the CDC posted “Healthcare Facilities: Preparing for Community
`
`Transmission” with the following specific instructions to nursing homes:
`
` Limit visitors to the facility.
` Post visual alerts (signs, posters) at entrances and in strategic places providing instruction
`on hand hygiene, respiratory hygiene, and cough etiquette.
` Ensure supplies are available (tissues, waste receptacles, alcohol-based hand sanitizer).
` Take steps to prevent known or suspected COVID-19 patients from exposing other
`patients.
` Limit the movement of COVID-19 patients (e.g. keep them in their rooms)
`
`Identify dedicated staff to care for COVID-19 patients.
` Observe newly arriving patients/residents for development of respiratory symptoms.
`
`On March 1, 2020, the first confirmed COVID-19 case in the State of New York was
`
`80.
`
`reported.
`
`81.
`
`On March 3, 2020, the first presumed COVID-19-related death occurred at a nursing home
`
`in the State of New York.
`
`82.
`
`On March 3, 2020, the WHO reported more than 90,000 infections of COVID-19 globally
`
`and about 3,000 deaths.
`
`
`1 https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e1.htm 
`
`
`
`15 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 01/18/2023 01:04 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 601451/2023
`
`RECEIVED N

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket