Domoroski v. Smithtown Center for Rehabilitation & Nursing Care

In an action to recover damages for negligence, wrongful death, and violation of Public Health Law § 2801-d, etc., the plaintiff appeals from an order of the Supreme Court, Suffolk County (Martin, J.), dated March 31, 2011, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Following total hip replacement surgery, the plaintiff’s decedent, Helen Hewitt, was admitted as a patient to the defendant’s facility on July 6, 2005. At the time of her admission, the plaintiffs decedent, who was 95 years old and weighed…