Puleo v. Shore View Ctr. for Rehab. & Health Care

• Decision Date: 07 October 2015
• Docket Number: 2015-02090, Index No. 500528/14.
• Parties: Norma PULEO, etc., respondent, v. SHORE VIEW CENTER FOR REHABILITATION AND HEALTH CARE, et al., defendants, Crown Nursing Home Associates, Inc., appellant.
• Court: New York Supreme Court — Appellate Division

132 A.D.3d 651
17 N.Y.S.3d 501
2015 N.Y. Slip Op. 07255

Norma PULEO, etc., respondent
v.
SHORE VIEW CENTER FOR REHABILITATION AND HEALTH CARE, et al., defendants
Crown Nursing Home Associates, Inc., appellant.

2015-02090, Index No. 500528/14.

Supreme Court, Appellate Division, Second Department, New York.

Oct. 7, 2015.

17 N.Y.S.3d 502

Kaufman Borgeest & Ryan LLP, Valhalla, N.Y. (Jacqueline Mandell of counsel), for appellant.

Valerie J. Crown, New City, N.Y., for respondent.

MARK C. DILLON, J.P., THOMAS A. DICKERSON, JEFFREY A. COHEN, and COLLEEN D. DUFFY, JJ.

Opinion

132 A.D.3d 651

In an action, inter alia, to recover damages for medical malpractice, the defendant Crown Nursing Home Associates, Inc., appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated January 9, 2015, which denied its motion to change venue of the action from Kings County to Suffolk County.

ORDERED that the order is reversed, on the law, with costs, the motion of the defendant Crown Nursing Home Associates, Inc., to change venue of the action from Kings County to Suffolk County is granted, and the Clerk of the Supreme Court, Kings County, is directed to deliver to the Clerk of the Supreme Court, Suffolk County, all papers filed in this action and certified copies of all minutes and entries (see CPLR 511[d] ).

From November 1, 2011, through December 25, 2011, with the exception of a two-week hospital stay in December 2011, the plaintiff's decedent was a resident of a residential health care facility located in Brooklyn (hereinafter the facility). Upon the decedent's admission to the facility, her daughter, the

132 A.D.3d 652

plaintiff, signed an “Admission Agreement” (hereinafter the agreement) that contained a forum selection clause reciting, in relevant part, that “ [e]ach of the parties to this Agreement irrevocably (a) submits to the exclusive jurisdiction of the courts of the State of New York in the County of Suffolk ... for purposes of any judicial proceeding that may be instituted in connection with any matter arising under or relating to this Agreement.” The agreement also provided that...