The opinion
Public Admr. of Bronx County v New York City
Health & Hosps. Corp.
2025 NY Slip Op 32272(U)
June 25, 2025
Supreme Court, New York County
Docket Number: Index No. 452724/2021
Judge: Arthur F. Engoron
Cases posted with a "30000" identifier, i.e., 2013 NY Slip
Op 30001(U), are republished from various New York
State and local government sources, including the New
York State Unified Court System's eCourts Service.
This opinion is uncorrected and not selected for official
publication.
INDEX NO. 452724/2021
NYSCEF DOC. NO. 227 RECEIVED NYSCEF: 06/27/2025
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. ARTHUR F. ENGORON PART 37
Justice
--------------------X INDEX NO. 45272412021
P\J8LlC ADMINISTRATOR OF BRONX COUNTY AS THE
AOMlNlSTRATOR OF THE ESTATE OF WlLLlE STACY,
MOTION DATE 01117/2025
DECEASED,
MOTION SEQ. NO. 004
Plaintiff,
·V·
DECISION + ORDER ON
NEW YORK CITY HEALTH ANO HOSPITALS
CORPORATION,
MOTION
Defendant
The following e-filed documents, listed by NYSCEF document number {Motion 004) 188, 189, 190, 191,
192. 193,194,195,196,197,198,199.200, 201.202,203,204,205.206.207,208,209,210,211,212,
213,214,215,216,217,218,219,220,221,222 223,224,225,226
were read on this motion to/for JUDGMENT - SUMMARY
Upon the foregoing documents. and for the reasons stated hereinbelow, defendant's motion for
summary judgment is denied.
Backgroµmj
This medical malpractice action arises out of treatment that defendants New York City Health
and Hospitals Corporation rendered to decedent, Willie Stacy, from September 20, 2018 to
October 25, 20 I 8. NYSCEF Doc. Nos. I. l 98. On September 20 and 25, 2018, the decedent
suffered seizures. NYSCEF Doc. Nos, 191, 222. On October 25, 2018, decedent was discharged
into hospice care at Goldcrest Care Center, and he passed away on the same day. NYSCEF Doc.
No. I.
On September 3, 2019, plaintiff, Public Administrator of Bronx County as The
Administrator of the Estate of Willie Stacy, commenced the instant action, asserting two causes
of action: (I) negligence and (2) ,vrongful death. NYSCEF Doc No, I. Plaintiff alleges, inter
alia, that defendants negligently failed to prevent and treat decedent's pressure ulcers and that, as
a result, decedent sustained injuries, such as infections and sores that Jed to his death. kl
On October 14, 2022, Justice Erika Edwards granted in part defendant's motion to strike
pleadings, precluding plaintiff from including allegations in its Supplemental Bill of Particulars,
or in any subsequent Supplemental Bill of Particulars, that were not previously alleged in its
Complaint or Notice of Claim. NYSCEF Doc. No, 84. Justice Edwards specHically barred;
45272412021 PUBLIC ADMINISTRATOR OF BRONX COUNTY, ET AL vs, NEW YORK CITY Page1 of4
HEALTH ANO HOSPITALS CORPORATION
Mallon No. 004
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NYSCEF DOC. NO. 227 RECEIVED NYSCEF: 06/27/2025
a. allegations of intentional or fraudulent conduct related to nurses
intentionally making false or inaccurate entries in the Decedent's
medical records which were motivated by efforts to avoid
Medicaid or Medicare reimbursement rules, however the court
denies Defendants' request to preclude Plaintiffs from introducing
evidence at trial about the motives for nurses making incorrect or
inconsistent entries in the Decedent~s medical records, as such
ruling would be premature; and
b. allegations of failure to properly treat Decedent's diarrhea,
influenza A, ESBL and pneumonia.
On December 18, 2023, Justice Edwards denied plaintiff's motion for summary judgment,
holding, inter alia, that plaintiffs expert (a nurse) was "'not competent" to opine as an expert in
the instant action a.,; they are not a duly licensed physician, NYSCEF Doc, No. 181.
Defendant now moves, pursuant to CPLR 3212, for swnmary judgment dismissing the complaint
or, in the event that the court does not grant summary judgment in its entirety, granting partial
summary judgment dismissing plaintiff's claims for wrongful death, NYSCEF Doc, Nos. 188,
189.
In support, defendant submits an affirmation of medical expert, Dr. Alan Pollock, M.D,, opining,
inter alia1 that decedent's condition had significantly deteriorated by the time of his admission
and that decedent's death "resulted from consequences of his bacteremic urinary tract infection,
multiple organ failure, multiple comorbidities, but not from pressure ulcers!' NYSCEF Doc. No.
190. Dr. PoHock further opines that more frequent turning and positioning by hospital staff
would not have had any significant effect on [decedent's) skin breakdown, Additionally, Pollock
opines that decedent "was already in end~stage renal failure on hemodialysis when he was
admitted to Harlem Hospital. As such, he \Vas at risk for septic shock from a UTI not as a result
of any departure in care but as a condition of the decedent's end stage renaJ failure with
hemodialysls," ld.
Pollock further opines that: decedent was "treated ln accordance with the applicable standards of
care" as "[p]roper topical treatments were administered for these wounds, and their fuilure to
heal was attributable to [decedent's] overall deteriorating condition"; that plaintiffs assertion
that decedent's skin wounds became infected or caused sepsis is unsupported by the medical
records; and that the acute cause of decedent's death was "septlc shock due to an E. coli urinary
tract infection." Id,
In opposition; plaintiff argues that there are issues of fact and cites Justice Edwards' December
18, 2023 Decision denying summary judgment. Plaintiff submits. inter alia, an expert affidavit
from Dr. Afan J, Stein, a board-certified attending physician at The Brooklyn Hospital Center
with a subspeclality certification in Infectious Diseases, who states, similarly to Dr. Pollock, that
decedent died from a urinary tract infection which progressed to sepsis and septic shock
NYSCEF Doc. No. 219. According to Dr. Stein. permitting said urinary tract infection to occur
was a departure from standard care, as the nursing staff, "has the responsibitity of ... turning
452724/2021 PUBLIC ADMINISTRATOR OF BRONX COUNTY, ET AL V$. NEW YORK CITY Page 2 of-4
HEALTH ANO HOSPITALS CORPORATION
Motton Ho. 004
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patients every two (2) hours regardless of their position and keeping the patients clean after
bowel movements!' Id. Dr. Stein further notes that decedent was allowed to lay in his own
urine and fecal matter, which is known to cause not only pressure ulcers, which he eventually
went on to develop in his sacra1 area, but urinary infections, which he developed and both
experts agree caused his death from septic shock. Id.
In rep]y, defendant argues that plaintiff's opposition impennissibly and fatally relies upon claims
precluded. in the court's October 14. 2022 Decision and Order, which "clearly delineates
'allegations of failure to properly treat Decedent's diarrhea as a precluded claim. NYSCEF Doc.
No.215.
Discussion
Pursuant to CPLR 3212, "[t]he proponent of a summary judgment motion must make a prima
facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to
eliminate any material issues of fact from the case." Winegrad v New York Univ. Med. Ctr,, 64
NY2d 851, 853 (1985).
A defendant in a medical malpractice action establishes prima
facie entitlement to summary judgment by showing that in treating
the plaintiffj he or she did not depart from good and accepted
medical pracdce, or that any such departure was not a proximate
cause of the plaintiffs alleged injuries. Once a defendant meets
that burde~ the plaintiff must rebut the prima facie showing via
medical evidence attesting that the defendant departed from
accepted medical practice and that such departure was a proximate
cause of the injuries alleged,
Generally, the opinion of a qualified expert that a plaintiffs
injuries were caused by a deviation from relevant industry
standards would preclude a grant of summary judgment in favor of
the defendants. To defeat summary judgment, the expert's opinion
must demonstrate the requisite nexus between the malpractice
allegedly committed and the harm suffered.
Anyie B. v Br911x Lebanon Ho.Ill,, 128 AD3d I, 3 (1st Dept 2015) (internal citations and
quotation marks omitted),
Here, there is clearly a dispute between plaintiff's expert, Dr. Stein. who opines that patients
need to be turned every two hours, and defendanfs expert, Dr. PoHock, who says that they do
not need to be turned every two hours. NYSCEF Doc. Nos. 190 and 219. The question then
becomes whether plaintiffs opposition improperly relies upon a precluded claim.
Defendant relies on the fact that Justice Edwards' October 14, 2022 Decision expressly barred
"allegations of failure to properly treat Decedent's diarrhea, influenza A, ESBL and pneumonia,"
>which, defendant argues, is essentially what Dr. Stein alleges when he aflinns that decedent
contracted E. Coli because his penile meatus was exposed to human stooL However, the claim
45272412021 PUBLIC ADMINISTRATOR OF BRONX COUNTY, ET AL vt, NEW YORK CITY P&ge3of4
HEALTH ANDHOSPJfALS CORPORATION
Motion No. 004
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NYSCEF DOC. NO. 227 RECEIVED NYSCEF: 06/27/2025
that Justice Edwards precluded is alleged negligence ln defendant's treatment of decedent's
diarrhea, not whether bacteria found in decedent's stool caused his infection, which subsequently
led to septic shock.
Defendant's request, in the alternative, for summary judgment dismissing plaintiff's •.:vrongful
death cause action should be denied, as the aHeged negligence in this case could potentially have
led to decedent's death and, therefore, is a question of fact to be addressed at trial.
Thus, the motion for summary judgement should be denied as to both causes of action. Diaz v
NYU LanooneJ',led. Ctr., 192 AD3d 534,536 (1st Dept 2021) ("dueling expert opinions raise
issues of fact and credibiHty that cannot be resolved on a motion for summary judgment.").
This Court has considered defendant's other arguments and finds them to be unavailing and/or
non-dispositive.
Conclusion
Thus, the motion by defendant, New York City Health and Hospitals Corporation, for summary
judgment is hereby denied.
612512025
DATE
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CHECKOHE: CA$e DISPOSED NOH"1W\L OISPOSITIOH
GAANTED 0 Pft.!EO GAANTEO IN PART □ Ol't<ER
APPI.ICATION: SETTI.E OAOER $1J8MIT ORDER
CHECK IF APPROPRIATE: tNCLJJOE$ TRANSFERIR£ASSIGN FlOUClARY APPOINTMENT D RE.FERENCE;
452724/2021 PUBLIC ADMINISTRATOR Of BRONX COUNTY, ET AL¥$, NEW YORK CITY Page4of4
HEALTH AND HOSPITALS CORPORATION
Motion No, 004
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