Chatterton v. Stapleton

• Decision Date: 08 March 2021
• Docket Number: Index EF15-2075
• Citation: 2021 NY Slip Op 32071 (U)
• Parties: MARV LOU CHATTERTON, as Executrix of the Estate of KEITH NACCARATO, deceased, Plaintiff, v. GEORGE STAPLETON, M.D., ABUL B. KHUDA, M.D., KAMALELDIN KAMAL, M.D., JOSEPH CHRISTIANA, M.D., FAREED FAREED, M.D. CHERYL C. COLBERT, M.D., MARIDANIELLE ANNICCHIARICO, P.A., HEALTHALLIANCE HOSPITAL BROADWAY CAMPUS f/k/a THE KINGSTON HOSPITAL HEALTHALLIANCE, INC., EMERGENCY MEDICAL ASSOCIATES, PLLC, EMERGENCY MEDICAL ASSOCIATES OF NEW JERSEY, P.A., KINGSTON EMERGENCY MEDICAL ASSOCIATES, PLLC, HEALTH QUEST MEDICAL PRACTICE, P.C. and HUDSON VALLEY CARDIOVASCULAR PRACTICE, P.C, Defendants.
• Court: New York Supreme Court

2021 NY Slip Op 32071(U)

MARV LOU CHATTERTON, as Executrix of the Estate of KEITH NACCARATO, deceased, Plaintiff,
v.
GEORGE STAPLETON, M.D., ABUL B. KHUDA, M.D., KAMALELDIN KAMAL, M.D., JOSEPH CHRISTIANA, M.D., FAREED FAREED, M.D. CHERYL C. COLBERT, M.D., MARIDANIELLE ANNICCHIARICO, P.A., HEALTHALLIANCE HOSPITAL BROADWAY CAMPUS f/k/a THE KINGSTON HOSPITAL HEALTHALLIANCE, INC., EMERGENCY MEDICAL ASSOCIATES, PLLC, EMERGENCY MEDICAL ASSOCIATES OF NEW JERSEY, P.A., KINGSTON EMERGENCY MEDICAL ASSOCIATES, PLLC, HEALTH QUEST MEDICAL PRACTICE, P.C. and HUDSON VALLEY CARDIOVASCULAR PRACTICE, P.C, Defendants.

Index No. EF15-2075

Supreme Court, Ulster County

March 8, 2021

Unpublished Opinion

Motion Return Date: August 3, 2020

RJI No.: 55-158-01956

Supreme Court, Ulster County

LAFAVE, WEIN & FRAMENT, PLLC

ATTORNEYS FOR PLAINTIFF BY: AMINA KARIC, ESQ.

1

SHOLES & MILLER, PLLC ATTORNEYS FOR DEFENDANTS ABUL B. KHUDA, HEALTH ALLIANCE HOSPITAL

BY: KIMBERLY L. BROWN, ESQ.

REGENBAUM, ARCIERO, MCMILLAN & BURGESS, P.C. ATTORNEYS FOR DEFENDANTS,

GEORGE STAPLETON, M.D., FAREED FAREED, M.D., MARIDANIELLE ANNICCHIARICO, P.A., EMERGENCY MEDICAL ASSOCIATES, PLLC, EMERGENCY MEDICAL ASSOCIATES OF NEW JERSEY, P.A. AND KINGSTON EMERGENCY MEDICAL ASSOCIATES, PLLC 299 NEW WINDSOR HIGHWAY NEW WINDSOR, NEW YORK 12553 BY: MAUREEN ARCIERO, ESQ,

MORRISON MAHONEY LLP

ATTORNEYS FOR DEFENDANT, KAMALELDIN KAMAL, M.D.

BY: NAMITA K. MEHTA, ESQ.

CATANIA, MAHON, MILLIGRAM & RIDER, PLLC

ATTORNEYS FOR DEFENDANT, JOSEPH CHRISTIANA, M.D.

BY: CHELSEA A. FOUR-ROSENBAUM, ESQ.

STEINBURG, SYMER & PLATT, LLP ATTORNEYS FOR DEFENDANT,

CHERYL C. COLBERT, M.D. 27 BY: SARAH E. PIZZOLA, ESQ.

HEIDELL, PITTONI, MURPHY & BACH, LLP ATTORNEYS FOR DEFENDANT, HEALTH QUEST MEDICAL PRACTICE, P.C.

BY: JENNIFER J. BENNICE, ESQ.

2

Present: Christopher E. Cahill, JSC

DECISION & ORDER

CAHILL, J.

Defendant Drs. Khuda, Kamal, Christiana, Colbert and Healthalliance Hospital Broadway Campus, f/k/a the Kingston Hospital by various separate motions move to dismiss the plaintiffs individual cause of action for wrongful death against the moving defendants pursuant to CPLR 3211(a)(7). The defendants maintain that the plaintiff is not a distributee of decedent Keith Naccarato under the Estate Powers & Trusts Law. The plaintiff opposes the motions and cross-moves for an order seeking leave to amend the Bill of Particulars. The defendants oppose the cross-motion.

The plaintiff was the domestic partner of the decedent for over ten years. The decedent was treated by the defendants during his admission to the hospital from July 26, 2013 to July 28, 2013. The decedent died on August 24, 2013. At the time of his death, the decedent was survived by his parents and three siblings. The plaintiff was the sole beneficiary of decedent's Last Will and Testament and the named Executrix. Letters testamentary were issued to the plaintiff on October 28, 2013. On June 30, 2015, the plaintiff commenced this action for medical malpractice, negligence and wrongful death. While she did not specifically assert an individual cause of action for pecuniary damages, the complaint alleges that the decedent suffered loss of quality of life, loss of enjoyment of life and incurred medical expenses, and, as a result, Ms. Chatterton, in her capacity as Executrix, seeks damages "in an amount which exceeds the jurisdictional limits of all lower courts . . .". In her opposition to the motion, she maintains that she should be considered as an EPTL "distributee," and she should share in the monetary proceeds resulting if the case is successful.

3

In support of their motion, the defendants maintain that: since the plaintiff is not the spouse of the decedent, she is not a "distributee" pursuant to EPTL § 1-2.5 and EPTL § 4-1.1; that a wrongful death action is not the property of the decedent but belongs to the distributees of the estate pursuant to EPTL § 5-4.3; that wrongful death damages pass outside the estate to decedent's statutory distributees; that damages in a wrongful death action are exclusively for the benefit of decedent's distributees pursuant to EPTL § 5-4.1; that nonmarried domestic partners are not legal spouses, and, consequently, the surviving partner is not a "distributee." The defendants do agree with the plaintiff that as the personal representative of the estate, she may bring an action for wrongful death on behalf of the estate's distributees.

The plaintiff claims that as the domestic partner of the decedent, she should be considered a "distributee." In support of this claim, the plaintiff asserts she and the decedent were recognized as domestic partners for health insurance purposes pursuant to Public Health Law § 2961(6-a). The plaintiff contends that the domestic partnership between her and the decedent created an expectation of future support based upon the decedent's past support while he was alive. The plaintiff asks the Court to expand...