ERIE COUNTY CLERK 06/20/2018 04:45 PM seen ?oc, NO. 1 STATE OF NEW YORK SUPREME COURT COUNTY OF ERIE MARGERY STANTON as Power of Attorney for SALLY KELLER 243 Windmill Road West Seneca, NY 14224 Plaintiff VS WATERFRONT CENTER FOR REHABILITATION AND HEALTHCARE 200 7th Street Buffalo, NY 14201 ELLICOTT CENTER FOR REHABILITATION AND HEALTHCARE 200 7th Street Buffalo, NY 14201 WATERFRONT OPERATIONS ASSOCIATES LLC 1601 Bronxdale Avenue Bronx,NY 10462 CENTERS HEALTH CARE 4770 White Plains Road Bronx, NY 10470 CENTERS FOR SPECIALTY CARE GROUP LLC 1601 Bronxdale Avenue Suite 209 Bronx, NY 10462 CENTERS FOR SPECIALTY CARE GROUP IPA, LLC 1601 Bronxdale Avenue Suite 209 Bronx, NY 10462 - BROWN CHIARI LLP 10f 12 INDEX NO. 309635/2013 RECEIVED NYSCEF: SUMMONS Served with Complaint Index 06/20/20l EILED: ERIE COUNTY CLERK 06/20/2018 04:45 30EE 1500. 1 NY Page 2 KENNETH ROZENB ERG 4770 White Plains Bronx, NY 14070 JEFFREY SICKLICK 4770 White Plains Bronx, NY 14070 Defendants To the above named Defendants: YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiff?s attorneys, at the address stated below, a written Answer to the attached Complaint. If this Summons is served upon you within the State of New York by personal service you must respond within TWENTY (20) days after service, not counting the day of service. If this Summons is not personally delivered to you within the State of New York you must reSpond within THIRTY (30) days after service is completed, as provided by law. If you do not respond to the attached Complaint within the applicable time limitation stated above, a Judgment will be entered against you, by default, for the relief demanded in the Complaint, without further notice to you. This action is brought in the County of Erie because of: Plaintiffs residence or place of business; Defendants' residence; or Designation made by Plaintiff. DATED: Buffalo, New York June 20, 2018 Donald P. Chiari, Esq. for BROWN CHIARI 00: Attorneys for Plaintiff 2470 Walden Avenue Buffalo, New York 14225-4751 (716) 681-7190 - BROWN CHIARI LLP - 20f l2 INDEX N0. 809635/2018 RECEIVED NYSCEF: 06/20/201 3 ERIE COUNTY CLERK 06/20/2018 04:45 INDEX NO- 809635/2018' NY SCEF DOC. 1 RECEIVED NYSCEF: 06/20/2013 STATE OF NEW YORK . SUPREME COURT COUNTY OF ERIE MARGERY STANTON as Power of Attorney for SALLY KELLER i Plaintiff i vs. COMPLAINT Index WATERFRONT CENTER FOR REHABILITATION AND ELLICOTT CENTER FOR REHABILITATION AND WATERFRONT OPERATIONS ASSOCIATES CENTERS HEALTH CENTERS FOR SPECIALTY CARE GROUP CENTERS FOR SPECIALTY CARE GROUP IPA, KENNETH JEFFREY SICKLICK Defendants PLAINTIFF, by her attorneys, BROWN CHIARI up, for her Complaint in the above- entitled action, states as follows: 1. Plaintiff MARGERY STANTON as Power of Attorney for SALLY KELLER, has been a resident of the County of Erie, State of New York. 2. Upon information and belief, Defendant WATERFRONT CENTER FOR REHABILITATION AND HEALTHCARE was and still is a nursing home facility and/or limited liability company duly organized and existing by virtue of the laws of the State of New York, with of?ces for the transaction of business located at 200 Seventh Street, Buffalo, NY 14201. - BROWN CHIARI LLP - 30f 12 SLED: ERIE COUNTY CLERK 06/20/2018 04:45 PM Doe.- no. 1 - Page 2 3. Upon information and belief, WATERFRONT CENTER FOR REHABILITATION AND HEALTHCARE became known as ELLICOTT CENTER FOR REHABILITATION AND HEALTHCARE which was and still is a nursing home facility and/or :limited liability company duly organized and existing by virtue of the laws of the State of New gYork, with of?ces for the transaction of business located at 200 Seventh Street, Buffalo, NY 14201. 4. Upon information and belief, Defendant WATERFRONT OPERATIONS ASSOCIATES LLC was and still is a limited liability company duly organized and existing by virtue of the laws of the State of New York, with offices for the transaction of business located at least at 200 Seventh Street, Buffalo, NY 14201. 5. Upon information and belief, Defendant CENTERS HEALTH CARE was and still is a company duly organized and existing by virtue of the laws of the State of New York, with offices for the transaction of business located at least at 4770 White Plans Road, Bronx, NY 10470. 6. Upon information and belief, Defendant CENTERS FOR SPECIALTY CARE GROUP LLC was and still is a limited liability company duly organized and existing by virtue of the laws of the State of New York, with of?ces for the transaction of business located at least at 1601 Bronxdale Avenue, Bronx, NY 10462. 7. Upon information and belief, Defendant CENTERS FOR SPECIALTY CARE GROUP IPA, LLC was and still is a limited liability company duly organized and existing by virtue of the laws of the State of New York, with of?ces for the transaction of business located at least at 1601 Bronxdale Avenue, Bronx, NY 10462. BROWN CHIARI LLP - 40f 12 INDEX NO. 809635/2018 RECEIVED NYSCEF: 06/20/201 8 ERIE COUNTY CLERK 06/20/2018 04:45 809635/2013 NYSCEF DOC: NO. 1 RECEIVED NYSCEF: 06/20/2013 -Page3- 8. Upon information and belief, Defendant WATERFRONT OPERATIONS ASSOCIATES LLC owned, operated, managed, directed, administered, and/or assumed responsibility for a nursing home facility doing business as WATERFRONT CENTER FOR REHABILITATION AND HEALTHCARE, now known as ELLICOTT CENTER FOR REHABILITATION AND HEALTHCARE, its agents, servants, employees, and/or other resident care personnel. 9. Upon information and belief, Defendant CENTERS FOR HEALTH CARE owned, operated, managed, directed, administered, and/or assumed responsibility for a nursing home facility doing business as WATERFRONT CENTER FOR REHABILITATION AND HEALTHCARE, now known as ELLICOTT CENTER FOR REHABILITATION AND HEALTHCARE, its agents, servants, employees, and/or other resident care personnel. 10. Upon information and belief, Defendant CENTERS FOR SPECIALTY CARE GROUP LLC owned, Operated, managed, directed, administered, and/or assumed responsibility for a nursing home facility doing business as WATERFRONT CENTER FOR REHABILITATION AND HEALTHCARE, now known as ELLICOTT CENTER FOR REHABILITATION AND HEALTHCARE, its agents, servants, employees, and/or other resident care personnel.. 11. Upon information and belief, Defendant CENTERS FOR SPECIALTY CARE GROUP IPA, LLC owned, operated, managed, directed, administered, and/or assumed responsibility for a nursing home facility doing business as WATERFRONT CENTER FOR REHABILITATION AND HEALTHCARE, now known as ELLICOTT CENTER FOR - BROWN LLP - 50f12 ERIE COUNTY CLERK 06/20/2018 04:45 INDEX N05 809635/2018 NYJCE-F NO. 1 RECEIVED NYSCEF: 06/20/2013 Page 4 - REHABILITATION AND HEALTHCARE, its agents, servants, employees, and/or other resident care personnel. 12. Upon information and belief, Defendant KENNETH ROZENBERG, is and/0r was an owner, operator, manager, director, administrator and/or assumed responsibility for WATERFRONT CENTER FOR REHABILITATION AND HEALTHCARE, now known as ELLICOTT CENTER FOR REHABILITATION AND WATERFRONT OPERATIONS ASSOCIATES CENTERS HEALTH CENTERS FOR SPECIALTY CARE GROUP and/or CENTERS FOR SPECIALTY CARE GROUP IPA, LLC. 13. Upon information and belief, Defendant KENNETH ROZENBERG, is and/or was a controlling person of WATERFRONT CENTER FOR REHABILITATION AND HEALTHCARE, now known as ELLICOTT CENTER FOR REHABILITATION AND WATERFRONT OPERATIONS ASSOCIATES CENTERS HEALTH CENTERS FOR SPECIALTY CARE GROUP and/or CENTERS FOR SPECIALTY CARE GROUP IPA, LLC pursuant to New York State Public Health Law ?2808- a. 14. Upon information and belief, Defendant JEFFREY SICKLICK, is and/or was an owner, operator, manager, director, administrator and/0r assumed reSponsibility for WATERFRONT CENTER FOR REHABILITATION AND HEALTHCARE, now known as ELLICOTT CENTER FOR REHABILITATION AND WATERFRONT OPERATIONS ASSOCIATES CENTERS HEALTH CENTERS FOR - BROWN CHIARI LLP - 60f 12 FILED: ERIE COUNTY CLERK 05/20/2018 04:45 INDEX 80.9635/2013 NYSCEF D'oc.? NO. 1 RECEIVED NYSCEF: 06/20/2018 Page 5 SPECIALTY CARE GROUP and/or CENTERS FOR SPECIALTY CARE GROUP IPA, LLC. 15. Upon information and belief, Defendant JEFFREY SICKLICK, is and/or was a controlling person of WATERFRONT CENTER FOR REHABILITATION AND HEALTHCARE, now known as ELLICOTT CENTER FOR REHABILITATION AND WATERFRONT OPERATIONS ASSOCIATES CENTERS HEALTH CENTERS FOR SPECIALTY CARE GROUP and/or CENTERS FOR SPECIALTY CARE GROUP IPA, LLC pursuant to New York State Public Health Law ?2308- a. 16. Upon information and belief, Defendant WATERFRONT CENTER REHABILITATION AND HEALTHCARE was a participant in Medicaid and Medicare programs and, as such, was required to be in compliance with the federal requirements for long- term care as prescribed in the US. Code of Federal Regulations, 42 CFR ?483. 17. Upon information and belief, Defendant ELLICOTT CENTER FOR REHABILITATION AND HEALTHCARE was a participant in Medicaid and Medicare programs and, as such, was required to be in compliance with the federal requirements for long- term care as prescribed in the US. Code of Federal Regulations, 42 CFR ?483. 18. Upon information and belief, Defendant WATERFRONT OPERATIONS ASSOCIATES LLC was a participant in Medicaid and Medicare programs and, as such, was required to be in compliance with the federal requirements for long-term care as prescribed in the US. Code of Federal Regulations, 42 CFR ?483. BROWN CHIARI LLP - 70f 12 ERIE COUNTY CLERK 06/20/2018 04:45 Pig INDEX NO- ?9635/2018 NYSCEF NO. 1 RECEIVED NYSCEF: 06/20/2018 - Page 6 - 19. Upon information and belief, Defendant CENTERS HEALTH CARE was a participant in Medicaid and Medicare programs and, as such, was required to be in compliance with the federal requirements for long-term care as prescribed in the U.S. Code of Federal Regulations, 42 CFR ?483. 20. Upon information and belief, Defendant CENTERS FOR SPECIALTY CARE GROUP LLC was a participant in Medicaid and Medicare programs and, as such, was required to be in compliance with the federal requirements for long-term care as prescribed in the U.S. Code of Federal Regulations, 42 CFR ?483. 21. Upon information and belief, Defendant CENTERS FOR SPECIALTY CARE GROUP IPA, LLC was a participant in Medicaid and Medicare programs and, as such, was required to be in compliance with the federal requirements for long-term care as prescribed in the U.S. Code of Federal Regulations, 42 CFR ?483. 22. Upon information and belief, Defendants, KENNETH ROZENBERG and/0r JEFFERY SICKLICK, as owner(s), operator(s), manager(s), director(s), administrator(s) and/or reSponsible party(ies), participated in Medicaid and Medicare programs and, as such, was/were required to be in compliance with the federal requirements for long-term care as prescribed in the U.S. Code of Federal Regulations, 42 CFR ?4s3. AS AND FOR A FIRST CAUSE QF AQTIQN, PLAINTIFF ALLEQES: 23. Plaintiff MARGERY STANTON as Power of Attorney for SALLY KELLER, repeats and realleges paragraphs 1 through 22, above. - BROWN CI-IIARI LLP - 80f 12 ERIE COUNTY CLERK 06/20/2018 04:45 INDEX N0. 809635/2018 NY DOC. NO. 1 RECEIVED NYSCEF: 06/20/2013 Page 7 - 24. Defendants, WATERFRONT CENTER FOR REHABILITATION AND HEALTHCARE, ELLICOTT CENTER FOR REHABILITATION AND HEALTHCARE, WATERFRONT OPERATIONS ASSOCIATES LLC, CENTERS HEALTH CARE, CENTERS FOR SPECIALTY CARE GROUP LLC, CENTERS FOR SPECIALTY CARE GROUP IPA, LLC, KENNETH ROZENBERG, and JEFFREY SICKLICK, either singularly or collectively, agreed to provide nursing home services to SALLY KELLER at Waterfront Center for Rehabilitation and Healthcare, now known as Ellicott Center for Rehabilitation and Healthcare. 25. Plaintiff SALLY KELLER was admitted to WATERFRONT CENTER FOR REHABILITATION AND HEALTHCARE, now known as ELLICOTT CENTER FOR REHABILITATION AND HEALTHCARE, at least from on or about October 21, 2013. 26. While Plaintiff SALLY KELLER was a resident of the Defendants' facility, she sustained various injuries as the result of the Defendants' negligence. 27. Defendants WATERFRONT CENTER FOR REHABILITATION AND HEALTHCARE, ELLICOTT CENTER FOR REHABILITATION AND HEALTHCARE, WATERFRONT OPERATIONS ASSOCIATES LLC, CENTERS HEALTH CARE, CENTERS FOR SPECIALTY CARE GROUP LLC, CENTERS. FOR SPECIALTY CARE GROUP IPA, LLC, KENNETH ROZENBERG and/or JEFFREY SICKLICK, were negligent, careless, and reckless, thereby causing injury to Plaintiff SALLY KELLER. 28. That by reason of the negligence of the Defendants, each of them individually, in combination, and/or through their various agents, servants, andfor employees, Plaintiff SALLY KELLER sustained various injuries,? conscious pain and suffering, emotional distress, embarrassment, and deprivation of dignity and rights. - BROWN CHIARI LLP - 90f 12 ZZLED: ERIE COUNTY CLERK 06/20/2018 04:45 NO. 1 - Page 8 29. The above claims are for damages in excess of the jurisdictional limits of all lower courts that would otherwise have jurisdiction. A DFRAENDAEFAIN PMNTIFF ALLEQES: 30. Plaintiff MARGERY STANTON as Power of Attorney for SALLY KELLER, repeats and realleges paragraphs 1 through 29, above. 31. That Plaintiff SALLY KELLER, a resident of Defendants WATERFRONT CENTER FOR REHABILITATION AND HEALTHCARE, ELLICOTT CENTER FOR REHABILITATION AND HEALTHCARE, WATERFRONT OPERATIONS ASSOCIATES LLC, CENTERS HEALTH CARE, CENTERS FOR SPECIALTY CARE GROUP LLC, CENTERS FOR SPECIALTY CARE GROUP IPA, LLC, KENNETH ROZENBERG, and/or JEFFREY residential healthcare facility, WATERFRONT CENTER FOR REHABILITATION AND HEALTHCARE, now known as ELLICOTT CENTER FOR REHABILITATION AND HEALTHCARE, was deprived by the Defendants of her rights and bene?ts pursuant to ?2801-d and ?2803~c of the Public Health Law of the State of New York, as well as those rights and bene?ts established by the terms of all contracts between the Defendants and Plaintiff SALLY KELLER. 32. The Defendants? conduct was in reckless disregard of the lawful rights of Plaintiff SALLY KELLER. 33. The above claims are for damages in excess of the jurisdictional limits of all lower courts that would otherwise have jurisdiction. - BROWN CHIARI - 10 of 12 INDEX NO. 309635/2013' RECEIVED NYSCEF: 06/20/201 8 ERIE COUNTY CLERK 06/20/2018 04:45 INDEX NO- 309535/2018 bod. NO. 1 RECEIVED NYSCEF: 06/20/2018 - Page 9 AS AND FOR A THIRD QAQ SE QF ACTION, PLAINTIFF ALLEGES: 34. Plaintiff MARGERY STANTON as Power of Attorney for SALLY KELLER, repeats and realleges paragraphs 1 through 33, above. 35. Plaintiff SALLY KELLER was entitled to a digni?ed existence while a resident of Defendants' facility, WATERFRONT CENTER FOR REHABILITATION AND HEALTHCARE, now known as ELLICOTT CENTER FOR REHABILITATION AND HEALTHCARE. 36. The Defendants? failed to protect and promote Plaintiff SALLY rights. 37. The Defendants' conduct was in reckless disregard of the rights of Plaintiff SALLY KELLER. 38. As a result of the foregoing, Plaintiff SALLY KELLER has been damaged by the deprivation of dignity in excess of the jurisdictional limits of all lower courts that would otherwise have jurisdiction. 39. The above?entitled action, and each cause of action alleged herein, falls within one or more of the exceptions set forth in CPLR ?1602 and, speci?cally, subsections 2, 7, and 11 thereof. - BROWN CHIARI LLP - ll of 12 ERIE COUNTY CLERK 06/20/2018 04:45 NYSCEF N0. 1 DATED: Buffalo, New York June 20, 2018 INDEX NO. 809635/201 RECEIVED NYSCEF: 06/20/2o? - Page 10 - WHEREFORE, Plaintiff MARGERY STANTON as Power of Attorney for SALLY KELLER, for each cause of action herein, does hereby demand judgment against Defendants WATERFRONT CENTER FOR REHABILITATION AND HEALTHCARE, ELLICOTT CENTER FOR REHABILITATION AND HEALTHCARE, WATERFRONT OPERATIONS ASSOCIATES LLC, CENTERS HEALTH CARE, CENTERS FOR SPECIALTY CARE GROUP LLC, CENTERS FOR SPECIALTY CARE GROUP IPA, LLC, KENNETH ROZENBERG and JEFFREY SICKLICK, jointly and severally, in a sum that exceeds the jurisdictional limitations of all lower courts that would otherwise have jurisdiction in this action; and in an amount in excess of the jurisdictional limits of all lower courts that would otherwise have jurisdiction for punitive damages, together with the costs and disbursements of this action. 443% Donald P. Chari, Esq. for BROWN CHIARI LLP Attorneys for Plaintiff 2470 Walden Avenue Buffalo, New York 14225-4751 (716) 681-7190 - BROWN CHIARI LLP - 8 8 12 of 12