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Schumacher v. Sunrise Senior Living Mgmt. Inc.

Nursing Home, Assisted Living Community Dispute More Properly Resolved After Discovery

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MEMORANDUM & ORDER   Plaintiff Kris A. Schumacher (“Plaintiff”), as Executor of the Estate of George H. Schumacher (“Decedent”), commenced this action against defendant Sunrise Senior Living Management, Inc. (“Sunrise” or “Defendant”) after Decedent’s injury and death at a Sunrise entity.1 (Compl., D.E. 1-3.)2 Before the Court is Defendants’ motion to dismiss the first cause of action for violation of New York State Public Health Law (N.Y. PUB. HEALTH §2801) (Def. Mot., D.E. 10; Def. Br., D.E. 10-1; Pl. Opp., D.E. 11; Def. Reply, D.E. 13.) For the reasons that follow, Defendant’s partial motion is DENIED. BACKGROUND3 Plaintiff alleges that Sunrise is a “nursing home which claims proper care and safety to residents.” (Compl. 4.) On May 19, 2019, Decedent, a resident of Sunrise Senior Living of West Babylon, fell, suffered severe and permanent injuries, and died. Plaintiff alleges that Decedent’s injuries were caused by Sunrise’s inadequate supervision. (Compl.

19-21.) Plaintiff’s first cause of action alleges that Sunrise violated New York Public Health Law Article 28 by failing to properly operate the facility and rendering improper care to Decedent. (Compl.

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