The following e-filed documents, listed by NYSCEF document number (Motion 002) 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 59, 61, 64 were read on this motion to/for DISMISSAL. The following e-filed documents, listed by NYSCEF document number (Motion 003) 56, 57, 60, 62, 63 were read on this motion to/for DISMISSAL. DECISION + ORDER ON MOTION Upon the foregoing documents, Defendant New York University Langone Hospitals (“NYU”) moves, pursuant to CPLR §§3211 (a)(1) and (a)(7), to dismiss Plaintiffs’ amended complaint as against it (Motion Seq. 002). Plaintiffs Alberto Anaya and Freddys Baldrich Hilder (together, “Plaintiffs”) oppose and cross-move for summary judgment on the issue of NYU’s liability. Separately, Defendant Kervens Louissaint (“Louissaint”) moves to dismiss the amended complaint as against him (Motion Seq. 003). Plaintiffs oppose. For the reasons set forth herein, NYU’s motion and Plaintiff’s cross-motion are denied, and Loussaint’s motion is granted. BACKGROUND This action arises from the tragic death of decedent Myriam Hoyos De Baldrich (the “Decedent”), mother of plaintiff Alberto Anaya (“Anaya”) and wife of plaintiff Freddys Baldrich Hilder (NYSCEF Doc No. 33, amended complaint
5, 7). On May 6, 2022, the Decedent resided with Anaya in Rockville Centre, New York (NYSCEF Doc No. 19, Anaya’s 50-h hearing tr at 14:2-17; 14:20-15:2; 28:19-20).1 That day, Anaya left his home to go to work in the morning (id. at 59:16-60:12). When Anaya returned home later that day, decedent was not present at their residence (id.). Despite his attempts, Anaya was unable to reach decedent on her cellphone (id. at 59:16-60:20). Anaya then contacted other family members to inquire if they were aware of Decedent’s whereabouts, but they were unable to locate her (id.). Anaya then drove around Rockville Centre and Far Rockaway, where his mother regularly attended church, but he was unable to find her (id. at 60:21-61:19). Unbeknownst to Plaintiffs, Decedent was struck by a Brooklyn-bound subway train near the West 14th Street and 6th Avenue station and was rendered unconscious on May 7, 2022, at or about 6:55 p.m. (NYSCEF Doc No. 33, amended complaint 31). Decedent was taken by ambulance to Bellevue Hospital (“Bellevue”) (id. 51). Bellevue is owned and operated by Defendant New York City Health and Hospitals Corporation (“NYCHHC”) (id.
