In an action for negligence and violations of the New York Public Health Law, it was alleged that CG&P’s client, an adult home, violated the New York Public Health Law with respect to a resident who fell and sustained a hip fracture which required surgical repair. CG&P moved for summary judgment with respect to the Public Health Law cause of action on the grounds that the statute is only applicable to claims against residential healthcare facilities, commonly known as nursing homes. The motion was based upon the operating certificate from the New York State Department of Health and the Admission Agreement, both of which indicated that our client was an adult home. Plaintiff opposed the motion with an affidavit wherein she claimed that she observed nursing services being provided and therefore the defendant was providing health-related services which would allow a cause of action under the Public Health Law. The Court accepted our argument that the nursing services were provided by an outside agency and the plaintiffs’ affidavit did not alter the legal status of the defendant facility. The Court agreed that there is a clear distinction between adult homes which are regulated under the Social Services Law and nursing homes which are regulated under the Public Health Law. Accordingly, CG&P‘s motion was granted and the cause of action under the Public Health Law, which has a lower burden of proof than the negligence cause of action, was dismissed. The case was handled by CG&P of Counsel, Richard M. Fedrow, Esq.