Kash v. Jewish Home & Infirmary of Rochester, N.Y., Inc.

Centra, J. (dissenting). ■

Introduction

We respectfully dissent and would affirm the order denying plaintiff’s motion seeking leave to amend the complaint by adding a cause of action under Public Health Law § 2801-d. In our view, plaintiff may not rely upon that statute because she has stated a cause of action for medical malpractice that will not be difficult to prove.

Facts

In February 2006 plaintiff became a long-term care resident of defendant Jewish Home and Infirmary of Rochester, N.Y., Inc., which is owned and operated by defendant Jewish Health Care System of Rochester, Inc.…