Hernandez v NYU Langone Hospital Brooklyn
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Attorneys and Parties
Brief Summary
Nursing home admission agreements containing arbitration and forum selection clauses, and whether a deceased resident had mental capacity to execute them.
The Supreme Court, Kings County, denied Hamilton Park Multicare, LLC's motion to compel arbitration or, alternatively, to transfer venue from Kings County to Nassau County.
The Appellate Division reversed the order denying the motion and remitted for a hearing and a new determination.
Hamilton Park made a prima facie showing that valid arbitration and forum selection agreements existed, but the plaintiff's medical records raised a factual issue as to whether the decedent lacked the mental capacity to understand and execute those agreements. Because that issue could not be resolved on the papers alone, the trial court was required to hold a hearing.
Background
Reinaldo Hernandez allegedly resided at a nursing home operated by Hamilton Park Multicare, LLC until his death in March 2022. Upon admission, he allegedly signed an agreement containing both an arbitration clause and a forum selection clause requiring actions to be brought in Nassau County. The plaintiff later sued in Kings County for wrongful death and the decedent's pain and suffering. Hamilton Park moved to compel arbitration or transfer venue. In support, it submitted the executed agreements and an affirmation from a representative who stated that she witnessed execution and that the decedent was alert, oriented, and indicated understanding by nodding. In opposition, the plaintiff submitted medical records showing that the day before execution the decedent had been discharged from a hospital with active problems including delirium due to a general medical condition and altered mental status, and records noted that he had previously nodded inappropriately to questions.
Lower Court Decision
The Supreme Court, Kings County, denied Hamilton Park's motion to compel arbitration or, in the alternative, to transfer venue to Nassau County.
Appellate Division Reversal
The Appellate Division, Second Department, reversed the order and remitted the matter to the Supreme Court, Kings County, for a hearing on whether the decedent had the mental capacity to execute the arbitration and forum selection agreements, followed by a new determination of Hamilton Park's motion.
Legal Significance
The decision underscores that a party seeking to enforce arbitration and forum selection provisions can satisfy its initial burden with signed agreements and competent proof of execution, but those provisions will not be summarily enforced when the opposing party raises a genuine issue of contractual capacity. In that circumstance, the court must conduct an evidentiary hearing before deciding whether arbitration should be compelled or venue transferred.
When nursing home admission paperwork includes arbitration and forum selection clauses, signed documents alone may not be enough if contemporaneous medical records suggest the resident was delirious or mentally impaired; a capacity hearing is required before enforcement.