Brath v. Kenmore Mercy Hospital

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Upon reviewing plaintiff’s complaint and the bill of particulars, we conclude that the allegations therein state claims sounding in medical malpractice (see, Bleiler v Bodnar, 65 NY2d 65). Those allegations challenge the hospital’s assessment of the supervisory and treatment needs of its patient by failing to secure the decedent in her bed and to monitor and supervise the decedent’s movements sufficiently (see, Scott v Uljanov, 74 NY2d 673). Thus, Supreme Court should…