Butler v. Shorefront Jewish Geriatric Center, Inc.

OPINION OF THE COURT

Marsha L. Steinhardt, J.

Defendant, Haym Solomon Home for the Aged (HSHA), moves to dismiss plaintiffs claim for punitive damages asserted against it pursuant to Public Health Law § 2801-d (2) and for an order pursuant to CPLR 3212 granting summary judgment in its favor dismissing the complaint in its entirety.

Now, upon the foregoing and oral argument on July 8, 2011 and due deliberation had thereon, the motion of defendant is granted in its entirety.

This is an action wherein plaintiff claims that HSHA violated Public Health Law §§ 2801-d and 2803-c predicated on 42 CFR…