INDEX NO. 808317/2018 FILED: ERIE COUNTY CLERK 05/28/2018 10:29 PM NYSCEF DOC. NO. 1 STATE RECEIVED NYSCEF: 05/28/2018 OF SUPREME MARK NEW YORK : COURT : F. WILLIAMS, of the Estate 5000 WILLIAMS L. Road Printup New Sanborn, OF ERIE as Executor SR., FRANK of COUNTY York 14132 Plaintiff, SUMMONS Served vs. with Index MANOR SHERIDAN 2799 Sheridan New Tonawanda, SHERIDAN 2799 Sheridan LIVING 193 Union South CENTERS, New Tonawanda, CARE SAFIRE South York 14150 Road New York 14221 REHABILITATION Brooklyn, Drive New York 14150 ABRAMCZYK SOLOMON E. OF LLC Sheridan Tonawanda, HOME LLC NORTHTOWNS, 23'd Street New York 11210 LANDA JUDY 182 14221 NURSING York Union Williamsville, SAFIRE LLC Road Drive Sheridan 1119 14150 NORTHTOWNS SAFIRE 2799 LLC York New Williamsville, 193 14150 Drive New GOLDEN 2799 York MANOR, Tonawanda, HOME NURSING Drive Briarwood Lawrence, Crossing New York 11559 — BROWN CHIARI 1 of 12 u.v— Complaint # INDEX NO. 808317/2018 FILED: ERIE COUNTY CLERK 05/28/2018 10:29 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2018 - Page ARYEH 109 RICHARD Lawrence 1091 York 11559 SCHUCK 19* E. Street New Brooklyn, MOSHE 20 PLATSCHEK Avenue New Lawrence, ROBERT 2 - York 11230 STEINBERG Esti Circle New Lakewood, 08701 Jersey Defendants. TO THE YOU this you must this Summons within you without This [ [ [ DATED: do action after respond is brought service to the will further (20) be notice in attached entered New May not service, the within you, by York of New State by for County by of Erie of business; because the of: Plaintiff. York 2018 / f lital Th resa { M. als BROWN 2470 fo Walden New Buffalo, (716) — BROWN I LLP IA Attorneys laintiff Avenue York 681-7190 CHIARI 2 of 12 / , Esq. Lr.p— 14225 Plaintiff s personal the of York day you service service. must If respond law. to you. the the by applicable the default, upon Complaint. counting as provided Complaint serve attached of New State within against Designation 28, the after to you ] Buffalo, within to to the is completed, ] made REQUIRED Answer days or place Plaintiff s residence Defendants' or residence; ] X not a Judgment above, Complaint, days you delivered personally (30) upon TWENTY AND a written below, is served within is not SUMMONED stated Summons THIRTY DEFENDANTS: HEREBY address respond If stated ARE at the attorneys, If NAMED ABOVE for relief time limitation demanded in the INDEX NO. 808317/2018 FILED: ERIE COUNTY CLERK 05/28/2018 10:29 PM NYSCEF DOC. NO. 1 STATE RECEIVED NYSCEF: 05/28/2018 OF SUPREME MARK of the NEW YORK : COURT : F. WILLIAMS, OF ERIE as Executor SR., FRANK of Estate COUNTY WILLIAMS L. Plaintiff, COMPLAINT vs. # Index SHERIDAN MANOR SHERIDAN MANOR, GOLDEN LIVING NURSING CENTERS, LLC; NURSING SAFIRE NORTHTOWNS SAFIRE CARE SAFIRE REHABILITATION JUDY HOME; LLC; NORTHTOWNS, SOLOMON HOME; LLC; OF LLC; ABRAMCZYK; LANDA; ARYEH RICHARD PLATSCHEK; ROBERT SCHUCK; MOSHE STEINBERG Defendants. MARK PLAINTIFF, WILLIAMS, action, by states 1. of New attorneys, WILLIAMS, BROWN as SR., CHIARI Executor LLP, for his of the Complaint Estate in of the FRANK above-entitled MARK Plaintiff all times herein F. WILLIAMS, mentioned, as SR., has been Executor a resident of the of the on December Estate County of of FRANK Niagara, York. 2. L. as follows: at WILLIAMS, his F. Plaintiff's decedent FRANK L. — BROWN WILLIAMS CHIARI 3 of 12 died LLP— 21, 2016. L. State INDEX NO. 808317/2018 FILED: ERIE COUNTY CLERK 05/28/2018 10:29 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2018 - Page On 3. WILLIAMS or were about issued August to 29, MARK Letters 2017, F. 2 - on Testamentary SR. WILLIAMS, the by the FRANK of Estate L. County Surrogate's MANOR NURSING Niagara Court. 4. was HOME, State That a nursing New of 5. Upon still is a domestic the State York York, New Upon limited for the offices belief, organized duly for the SHERIDAN Defendant, and transaction of existing virtue by business located the of laws of Sheridan at 2799 the Drive, 14150. limited Tonawanda, a domestic facility information New of 6. offices York and information home with York, New Tonawanda, Drive, upon and liability with offices York 14150. transaction for and of duly the belief, business and organized transaction located of under the 193 South at MANOR, existing by business GOLDEN Defendant, incorporated company SHERIDAN Defendant, company information liability belief, laws of the Union of virtue located LIVING was LLC, the CENTERS, State Road, New of laws of Sheridan 2799 at and is LLC, York, with New Williamsville, 14221. 7. became known home facility New York, Tonawanda, That upon as SAFIRE and/or with New information York belief, NORTHTOWNS corporation offices and for duly the SHERIDAN NURSING organized transaction and of HOME, existing business 14150. —BROWN CHIARI 4 of 12 MANOR LLP- by which virtue located HOME NURSING was still and of the at 2799 laws of is a nursing the Sheridan State Drive, of INDEX NO. 808317/2018 FILED: ERIE COUNTY CLERK 05/28/2018 10:29 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2018 - Page 8. limited the Upon liability information of business 9. Upon the State Drive, 10. SAFIRE home New Upon with offices York 14150. NORTHTOWNS New 11. SHERIDAN Upon and/or SHERIDAN MANOR NURSING 12. Upon is ABRAMCZYK, NURSING HOME agents, for and at times said OF the Sheridan and/or LLC; as at LIVING all CENTERS, was the presently LLC, for and the and/or belief, an owner, nursing known at all relevant operator, home facility as SAFIRE — BROWN CHIARI 5 of 12 times the nursing known Sheridan 2799 home known as other resident times herein, manager, formerly and/or directed, known formerly NORTHTOWNS SAFIRE known LLC; managed, facility care personnel. SOLOMON Defendant, director, NORTHTOWNS LLP— CARE operated, owned, Defendants, herein, SAFIRE LLC; nursing presently employees, and relevant administrator SHERIDAN NURSING of Defendants, presently business laws 2799 CARE and for 14221. herein, business doing HOME transacted at SAFIRE LLC; NURSING belief, HOME servants, information and/or relevant were York under located business LLC and responsibility NURSING responsibility all OF NORTHTOWNS, assumed its HOME, incorporated CENTERS, HOME, and GOLDEN LLC; administered, at belief, of offices REHABILITATION SAFIRE transaction MANOR information MANOR, the New Williamsville, company with York, domestic a 14150. REHABILITATION SAFIRE assumed York liability is LLC, New of State Road, NORTHTOWNS, NURSING the Defendant, LIVING SHERIDAN known Tonawanda, for of Union limited and OF laws belief, GOLDEN LLC; South 193 a domestic information MANOR, formerly at and REHABILITATION SAFIRE Drive, York, Tonawanda, SHERIDAN is LLC, New of located the CARE SAFIRE Defendant, under information NORTHTOWNS, belief, incorporated company transaction and 3 - and/or MANOR HOME. as INDEX NO. 808317/2018 FILED: ERIE COUNTY CLERK 05/28/2018 10:29 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2018 4 - - Page 13. Upon is and/or ABRAMCZYK, MANOR SHERIDAN NURSING 14. Upon is LANDA, SHERIDAN NURSING MANOR Upon a MANOR HOME NURSING and at belief, an the the all and/or relevant as JUDY known formerly NORTHTOWNS SAFIRE §2808-a. herein, formerly SAFIRE NURSING Defendant, facility manager, facility assumed MANOR herein, times operator, JUDY HOME. as Law Health known presently known home nursing administrator home nursing owner, Defendant, times relevant Public herein, NURSING presently State was all NORTHTOWNS §2808-a. SHERIDAN known of and York for director, known formerly facility SAFIRE times relevant formerly at as Law Health all home nursing SOLOMON Defendant, herein, known manager, HOME and/or responsibility at belief, and is Public person to New the NORTHTOWNS controlling NURSING times presently State facility and information of belief, as SAFIRE PLATSCHEK, assumed home pursuant HOME, RICHARD and/or was person operator, information and/or 16. owner, known relevant and York and nursing Upon is LANDA, the presently 15. HOME to New an at all belief, a controlling NURSING was for and was information and/or responsibility and pursuant HOME, HOME information ARYEH Defendant, administrator director, SHERIDAN known NORTHTOWNS NURSING HOME. Upon 17. RICHARD formerly information PLATSCHEK, known NORTHTOWNS SHERIDAN NURSING and is and/or was MANOR HOME, at belief, a all relevant pursuant — BROWN person controlling NURSING to New CHIARI 6 of 12 times HOME York and State LLP— herein, of the presently Public ARYEH Defendant, nursing home facility as SAFIRE known Health Law §2808-a. INDEX NO. 808317/2018 FILED: ERIE COUNTY CLERK 05/28/2018 10:29 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2018 - Page 18. Upon is SCHUCK, HOME and/or for responsibility and is and the is MANOR SHERIDAN NURSING 22. Upon information SHERIDAN HOME; NORTHTOWNS SAFIRE NORTHTOWNS, required U.S. MANOR, were LLC, to Code be in compliance of Federal person of and presently York and LLC; State belief, GOLDEN HOME NURSING participants with Regulations, in the 42 LIVING Medicaid federal CFR — BROWN and requirements §483. CHIARI 7 of 12 home facility LLP— MOSHE known formerly §2808-a. SAFIRE Medicare for NURSING NORTHTOWNS SAFIRE as CENTERS, and/or assumed Defendant, MANOR SHERIDAN Defendants, and/or MANOR herein, Law Health MOSHE HOME. times known Public NORTHTOWNS Defendant, SHERIDAN nursing known formerly administrator NURSING the facility herein, director, relevant ROBERT §2808-a. times known all at belief, HOME to New manager, NURSING Defendant, SAFIRE as Law relevant NORTHTOWNS and NURSING all formerly a controlling pursuant HOME, at facility known assumed HOME. home Health Public and/or MANOR herein, nursing presently State belief, as SAFIRE was and the times ROBERT Defendant, administrator NURSING relevant of herein, SHERIDAN known all operator, home information and/or York an owner, known Upon STEINBERG, HOME and nursing presently 21. in the was at person controlling information times director, formerly belief, to New relevant NORTHTOWNS and NURSING is and/or for facility as SAFIRE a all manager, operator, home pursuant Upon responsibility were was at belief, owner, information HOME, STE1NBERG, an known and/or 20. and nursing MANOR NURSING LLC; the Upon SHERIDAN HOME was presently 19. SCHUCK, information 5 - LLC; NURSING CARE SAFIRE REHABILITATION programs long-term and, care OF as such, as prescribed INDEX NO. 808317/2018 FILED: ERIE COUNTY CLERK 05/28/2018 10:29 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2018 - Page 23. Upon ARYEH LANDA, as STElNBERG, responsible to be of Code in participated Plaintiff 25. Defendants, NURSING to known SHERIDAN Plaintiff's 26. and and/or MOSHE and, long-term for and/or administrator(s) programs Medicare care as was/were such, as prescribed in the paragraphs NURSING CARE OF REHABILITATION ARYEH RICHARD or singularly L. 1 through SAFIRE LLC; OF ACTION CAUSE MANOR FRANK JUDY §483. A FIRST either ABRAMCZYK, SCHUCK, director(s), requirements realleges LANDA; NURSING SHERIDAN HOME; LLC; NORTHTOWNS, collectively, at the HOME and MANOR, NORTHTOWNS SAFIRE SOLOMON LLC; ROBERT PLATSCHEK; WILLIAMS NURSING above. 23, to agreed provide home nursing nursing facility known presently SCHUCK; home formerly as SAFIRE HOME. SHERIDAN LIVING CENTERS, SAFIRE JUDY CFR CENTERS, MANOR HOME; Medicaid SHERIDAN Defendants, GOLDEN ABRAMCZYK; and decedent NORTHTOWNS NURSING repeats STE1NBERG, services LLC; FOR JUDY MOSHE 42 SAFIRE HOME; ROBERT manager(s), federal the AND LIVING ABRAMCZYK; and/or with Regulations, 24. GOLDEN in SOLOMON Defendants, operator(s), compliance Federal belief, PLATSCHEK, owner(s), AS LLC; and RICHARD party(ies), required U.S. information 6 - LANDA; MANOR NURSING SAFIRE LLC; REHABILITATION ARYEH OF RICHARD — BROWN CARE CHIARI 8 of 12 SHERIDAN HOME; LLC; SAFIRE NORTHTOWNS, PLATSCHEK; U p— MANOR, NORTHTOWNS LLC; ROBERT SOLOMON SCHUCK; INDEX NO. 808317/2018 FILED: ERIE COUNTY CLERK 05/28/2018 10:29 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2018 - Page -Page and/or MOSHE Plaintiff's FRANK decedent 27. That decedent FRANK emotional distress, 28. jurisdictional As a result limits of all Plaintiff 30. That presently known as SAFIRE of the State contracts rights New of between 31. Plaintiff's his The decedent and ROBERT York, said Defendants Defendants' FRANK well pursuant as and L. MANOR, §2801-d rights and in CHIARI 9 of 12 was the established FRANK disregard LLP— of L. LIVING SAFIRE JUDY LANDA; STEINBERG's NURSING HOME, §2803-c Defendants HOME; MOSHE MANOR the GOLDEN LLC; and/or WILLIAMS. — BROWN the of NURSING benefits reckless suffering, above. ABRAMCZYK; and decedent Plaintiff's was 28, of excess a resident NURSING to those conduct 1 through SHERIDAN NORTHTOWNS as OF ACTION SCHUCK; known benefits CAUSE SOLOMON LLC; formerly jurisdiction. NORTHTOWNS SAFIRE LLC; have WILLIAMS, and rights. otherwise SHERIDAN HOME; PLATSCHEK; facility L. Plaintiff's pain in paragraphs FRANK OF NORTHTOWNS, care of realleges CARE health Defendants and in individually, employees, damaged would been them conscious and dignity of and/or injuries, has Plaintiff which decedent residental of A SECOND FOR NURSING RICHARD to injury causing thereby each servants, various deprivation courts SAFIRE LLC; REHABILITATION ARYEH and lower Plaintiff's MANOR reckless, Defendants, agents, sustained foregoing, repeats of the various of the AND and careless, negligence their embarrassment, 29. CENTERS, the WILLIAMS, AS SHERIDAN of through L. negligent, WILLIAMS. L. reason by and/or combination, were STEINBERG; 7 - HOME and by said deprived Public by the Health terms Law of all WILLIAMS. of the lawful rights of INDEX NO. 808317/2018 FILED: ERIE COUNTY CLERK 05/28/2018 10:29 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2018 - Page 32. As jurisdictional a of limits all AS 33. Plaintiff 34. That existence while 35. L. FRANK in FOR repeats and would realleges FRANK 1 through was Defendants' the facility, known Defendants' to failed NORTHTOWNS protect promote and entitled the of to dignified a MANOR SHERIDAN known formerly as SAFIRE excess above. 32, WILLIAMS L. in OF ACTION CAUSE paragraphs damaged jurisdiction. have otherwise A THIRD decedent presently the Defendants' The 37. dignity and that been has NURSING HOME. FRANK decedent Plaintiff's rights. 36. decedent AND of Plaintiff foregoing, courts, Plaintiff's That WILLIAMS' the lower a resident HOME NURSING of result 8 - As excess L. in disregard reckless of the rights Plaintiff's of WILLIAMS. a result of was conduct the of the Plaintiff foregoing, jurisdictional limits of has all been damaged courts lower that the by would of deprivation otherwise have jurisdiction. AS 38. Plaintiff 39. That LLC; REHABILITATION FOR repeats on MANOR SHERIDAN CENTERS, AND and December NURSING SAFIRE CARE A FOURTH realleges 21, paragraphs 2016, by LLC; OF NORTHTOWNS, reason SHERIDAN HOME; SAFIRE LLC; — BROWN OF ACTION CAUSE 1 through of 37, the SOLOMON CHIARI 10 of 12 negligence MANOR, NORTHTOWNS LLP— above. LLC; NURSING ABRAMCZYK; of the Defendants, GOLDEN LIVING HOME; SAFIRE JUDY LANDA; INDEX NO. 808317/2018 FILED: ERIE COUNTY CLERK 05/28/2018 10:29 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2018 - Page ARYEH them RICHARD As distributees substantial a result have of all 42. subsections The lower One of been the courts or more 2, 5 and/or and claims that L. WILLIAMS wrongful of deprived damage above through loss, for would exceptions death his in of all death otherwise have forth in various was Plaintiff's for sums suffer wrongful L. and support death. WILLIAMS, have sustained damage. in excess of the jurisdictional jurisdiction. CPLR §1602 7 thereof. —BROWN and and/or servants, FRANK decedent substantial are to each STEINBERG, agents, caused guidance, to their wrongful set their services, MOSHE and SCHUCK; and/or FRANK decedent, pecuniary 41. limits combination, Plaintiff's 40. his in individually, employees, ROBERT PLATSCHEK; 9 - CHIARI 11 of 12 LLP— apply herein; and specifically of INDEX NO. 808317/2018 FILED: ERIE COUNTY CLERK 05/28/2018 10:29 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2018 - Page FRANK L. WILLIAMS, for SHERIDAN MANOR Defendants LIVING CENTERS, SAFIRE REHABILITATION ARYEH LANDA; jointly and would otherwise limits of with the DATED: MARK Plaintiff WHEREFORE, have lower costs and May 28, a sum that disbursements New Buffalo, action NURSING CARE LLC; that in would this the action; otherwise of this does herein, in an of in excess for jurisdiction have NURSING limitations amount all of punitive , 2018 / I Th resa Waa h, Esq. BRO HI RI Attorneys o laintiff 2470 Walden Buffalo, (716) — BROWN . CHIARI 12 of 12 New 681-7190 LLP— LLe Avenue York HOME; JUDY 14225 STEINBERG, lower the courts for that jurisdictional damages, action. York against GOLDEN LLC; MOSHE of Estate ABRAMCZYK; and SCHUCK; jurisdictional and MANOR, SOLOMON LLC; the judgment demand hereby NORTHTOWNS SAFIRE of Executor SHERIDAN ROBERT exceeds as SR., HOME; PLATSCHEK; jurisdiction courts of WILLIAMS, OF NORTHTOWNS, RICHARD in cause SAFIRE LLC; severally, all each F. 10 - together