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ARTICLE ID 194883

$________ Medical Malpractice – Nursing home negligence – Plaintiff contends defendant held itself out as a nursing home when it was not licensed to do so – Absence of heat in two-week period preceding death of 83-year old unmarried, retired, Brooklyn Judge who has no children

Kings County, NY

In this action, the plaintiff contended that the defendant facility held itself out as being a nursing home and/or assisted living facility when it was not licensed.

The plaintiff maintained that it provided substandard care to the 83-year old resident, retired Brooklyn Civil Court Judge, John L. Phillips. The plaintiff supported that because the heat was not functioning for a two-week period, the decedent froze to death. The plaintiff also maintained that the decedent, a diabetic, was not provided appropriate nutrition.

The defendant denied that it held itself out or functioned as a nursing home or assisted living facility, and contended that it was merely an apartment complex. The defendant also contended that it housed the decedent, when it was served by a court order to do so. The plaintiff denied that such an order would be issued to an apartment complex. The plaintiff also pointed out that the defendant could not produce such an alleged court order.The case settled prior to trial for $________.

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