| Craig v St. Barnabas Nursing Home |
| 2015 NY Slip Op 05611 [129 AD3d 643] |
| June 30, 2015 |
| Appellate Division, First Department |
[*1]
| Chaqulia Craig, as Administrator of the Estate of LillieB. Johnson, Appellant, v St. Barnabas Nursing Home,Respondent. |
Sinel & Associates, PLLC, New York (Judith E. Crumpton of counsel), forappellant.
Garbarini & Scher, P.C., New York (William D. Buckley of counsel), forrespondent.
Order, Supreme Court, Bronx County (Stanley Green, J.), entered November 20,2013, which granted defendant nursing home's motion for summary judgment dismissingthe complaint, unanimously affirmed, without costs.
In this action alleging violations of Public Health Law §§ 2801-dand 2803-c, as well as causes of action for medical malpractice, negligence, andwrongful death, the nursing home made a prima facie showing of its entitlement tojudgment as a matter of law by submitting, among other things, its expert affirmation andmedical records (Negron v St.Barnabas Nursing Home, 105 AD3d 501 [1st Dept 2013]). The medical recordssupport the nursing home's expert's opinion that decedent's skin ulcers and othercomplications were unavoidable and the result of preexisting conditions, as well as otherrisk factors (id.).
In opposition, plaintiff failed to raise an issue of fact. Plaintiff submitted aconclusory and speculative affirmation of an unnamed expert who failed to mention thedecedent's existing health conditions contributing to the ulcers, her comatose state, orthat she had end-stage failure of her critical organs, including the skin (see id.).Moreover, the affirmation contained numerous [*2]misstatements of law and fact, and the expert failed toestablish that he or she was qualified to opine on the care rendered at the nursing home(Guzman v 4030 Bronx Blvd.Assoc. L.L.C., 54 AD3d 42, 48 [1st Dept 2008]). Concur—Tom, J.P.,Acosta, Andrias, Moskowitz and Clark, JJ.