Loading...

News & Events

With Appellate Victory, CG&P Obtains Vindication for another Nursing Home

Filter by Category

With Appellate Victory, CG&P Obtains Vindication for another Nursing Home

CG&P has secured the dismissal of another negligence action brought against a nursing home. The plaintiff’s decedent was a resident at the nursing home owned and operated by CG&P’s client. The plaintiff’s attorney alleged that a failure to timely diagnose a myocardial infarction (heart attack) led to the decedent’s death. Plaintiff’s estate sued in the Supreme Court, Queens County, claiming that the nursing home was negligent. CG&P demonstrated that the decedent did not have a heart attack, and that the nursing home complied with the standard of care and was not negligent. CG&P argued that the action should be dismissed, and the court (Justice Golia of the Supreme Court, Queens County) agreed. The court also agreed with CG&P’s argument that the plaintiff’s expert’s affidavit should be rejected as conclusory, speculative and insufficient to refute the showing made by CG&P. The dismissal was upheld on appeal by the Appellate Division, Second Department. The case was handled by CG&P Of Counsel Karen Corbett.