Fleming v. Barnwell Nursing Home & Health Facilities, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Cross appeals from an order of the Supreme Court (Connor, J.), entered July 18, 2002 in Columbia County, which, inter alia, denied plaintiffs motion for class action certification.
Plaintiffs decedent was a resident of defendant Barnwell Nursing Home and Health Facilities, Inc. (hereinafter defendant). She developed septic shock from an infection and passed away. Following her death, the Department of Health (hereinafter DOH) investigated the conditions at defendant’s facility and found numerous violations of DOH regulations under 10 NYCRR part 415. Plaintiff commenced this action against…
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