Judge Slams Nursing Home ‘Machination’ In COVID Death Suit – Law360

August 13, 2021 Kate

Law360 (August 12, 2021, 8:46 PM EDT) — A New York federal judge has said a Long Island nursing home can’t escape claims by the family of a resident who died of COVID-19, finding that the center must face the lawsuit in state court.

U.S. District Judge Nicholas G. Garaufis said on Wednesday that the facility attempted to defeat the suit with a “two-step maneuver” that amounted to an “internally inconsistent machination.” Judge Garaufis’ order granted Vivian Rivera-Zayas’ motion to send her lawsuit, which claims Our Lady Of Consolation Nursing And Rehabilitative Care Center is responsible for the wrongful death of her mother, Ana Martinez, back to state court….

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