Gallardo Levin Reiter & Rogers successfully moved for summary judgment in an action alleging nursing home abuse in Nassau County. The plaintiff alleged that the facility was negligent and violated resident rights under Public Health Law § 2801-d by failing to prevent multiple falls in a resident with severe dementia, with the last fall allegedly resulting in a hip fracture and death. Gallardo Levin Reiter & Rogers obtained summary judgment on behalf of its client by demonstrating that the appropriate fall prevention interventions were in place and that the fall was unavoidable. Gallardo Levin Reiter & Rogers further established that the nursing home complied with the standard of care and did not violate any resident right with respect to their management of the resident. In affirming the dismissal, the Appellate Division, Second Department adopted Gallardo Levin Reiter & Rogers’ argument that the plaintiff’s expert affidavit was insufficient to refute the affidavits submitted on behalf of the facility. The case was handled by Gallardo Levin Reiter & Rogers partner James P. Connors.
Ciccotto v. Fulton Commons Care Ctr. Inc., 149 A.D.3d 1030, 53 N.Y.S.3d 338 (2d Dept 2017)