Betette v. County of Monroe

I respectfully dissent in part. In my view, Supreme Court erred in granting plaintiffs motion for leave to amend the complaint to add a cause of action under Public Health Law § 2801-d and also erred in deny*1712ing that part of defendants’ motion for summary judgment seeking dismissal of the premises liability claim. I would therefore further modify the order accordingly.

As set forth by the majority, plaintiffs decedent was a resident of defendant Monroe Community Hospital (MCH), a skilled nursing facility, at the time of his death. When no one responded to his call to obtain assistance in…