Summary Judgment Dismissal in Kings County Supreme Court


HPM&B Attorneys Darshan Patel, Graham Musynske, and Joseph Randazzo successfully obtained summary judgment in a high exposure and high sympathy case in Kings County Supreme Court.


The case involved allegations that the staff at our long term care center failed to prevent the choking and asphyxiation of a 56-year-old patient with bipolar schizophrenia.  Plaintiff also alleged that the staff failed to recognize certain signs and symptoms of dysphagia in the months prior to the decedent’s death.


The HPM&B team skillfully established that the basis of plaintiff’s cause of action for negligence was improperly founded upon a hearsay statement, which was insufficient to create an issue of fact.  Moreover, they established that there was no evidence that the patient exhibited any prior issues with swallowing or eating her food.  Finally, the team established that the staff at the long term care center provided the decedent with appropriate care and implemented appropriate safe guards at meal time.


In opposition, plaintiff attempted to fabricate new allegations and issues of fact that were not supported by the record.  Further, plaintiff’s experts rendered conclusory opinions.  After oral arguments, Judge Spodek dismissed this case in its entirety, finding that plaintiff’s expert affirmations were conclusory, not based on the evidence in the record, and failed to rebut the assertions made by our expert.