Summary Judgment Successfully Obtained by Teri Scotto-Lavino
Posted: August 28, 2026
Teri Scotto-Lavino secured summary judgment on liability for our client, a rehabilitation center and skilled nursing facility, in a case venued in Bronx County Supreme Court. In this case, which sought recovery for alleged medical negligence, Public Health Law violations, and negligent hiring and supervision, the elderly plaintiff alleged that she was caused to fall when she attempted to prevent a resident of the facility from getting out of bed. Plaintiff alleged that the facility improperly treated the resident’s medical condition, causing him to fall on top of plaintiff, resulting in plaintiff’s claimed injuries. First, the Court agreed with Ms. Scotto-Lavino that plaintiff did not have standing to sue on behalf of the resident and dismissed the claim of medical negligence, finding that the facility did not owe a duty to protect plaintiff from the medical condition and treatment of the resident. Next, the Court held that redress under the Public Health Law is a private right of action of the resident of the skilled nursing facility and does not pertain to visitors. Finally, the Court dismissed claims of negligent hiring and supervision as insufficiently pleaded and lacking in evidentiary support
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