Elbaum v. Grace Plaza of Great Neck, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
The threshold issue presented on this appeal is whether it has been shown by clear and convincing proof that the conservatee, Jean Elbaum, who is in an irreversible, persistent, vegetative state without hope of recovery, and is presently receiving nutrition and hydration through a gastrointestinal tube, made a firm and settled decision, while competent, to decline such treatment under her present circumstances. Assuming that such a showing has been made, a further issue which has been raised by the defendant Grace Plaza of Great Neck, Inc. (hereinafter Grace Plaza), the…
3Cases cited10 opinions
- In Re QuinlanSupreme Court of New Jersey · 1976
- George Backer Management Corp. v. Acme Quilting Co.New York Court of Appeals · 1978
- Eichner v. DillonNew York Court of Appeals · 1981
- Matter of JobesSupreme Court of New Jersey · 1987
- In re Westchester County Medical CenterNew York Court of Appeals · 1988
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4Cited by11 opinions
- Knight v. Beverly H. C. Bay Manor H. C. Ctr.Supreme Court of Alabama · 2001
- Grace Plaza of Great Neck, Inc. v. ElbaumNew York Court of Appeals · 1993
- Ajnoha v. JC Penney Life InsuranceDistrict Court, E.D. New York · 2007
- Wickel v. SpellmanAppellate Division of the Supreme Court of the State of New York · 1990
- Borenstein v. SimonsonNew York Supreme Court · 2005
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