In this action, sounding in medical malpractice and negligence, plaintiff seeks to recover damages for the pain and suffering experienced by his decedent during the period of approximately 20 days that decedent lived after being administered certain life-sustaining medical treatment by defendants. Plaintiff asserts that the life-sustaining treatment was administered in contravention of both the terms of decedent’s living will, and the directives of decedent’s duly-appointed health care agent. Plaintiff’s claim is, in effect, one for wrongful prolongation of life. Such a claim is neither cognizable under New York’s common law nor recognized by statute. Thus, the moving defendant’s motion for summary judgment must be granted. Between March 17, 2017 and May 6, 2017, plaintiff’s decedent, an elderly gentleman named Pasquale Lanzetta, received medical care and treatment at a hospital owned and operated by defendant Montefiore Medical Center. Defendant Hochster was decedent’s primary care physician, and Hochster provided care and treatment to decedent during that time period. Decedent died on May 6, 2017. Plaintiff commenced this medical malpractice and negligence action against defendants, alleging that certain life-sustaining care and treatment defendants provided to decedent contravened both a living will he executed in 1993 and the directives of his duly-appointed health care agent. Specifically, plaintiff alleges that decedent’s children were informed by defendants on April 15, 2017 that decedent’s condition had deteriorated to the point that no recovery was possible and he would soon die; that the 1993 living will constrained defendants to provide only that care and treatment necessary to keep decedent comfortable, and withhold any life-sustaining treatment (e.g., intravenous hydration, antibiotics); that decedent’s health care agent notified defendants on or about April 15, 2017 that, going forward, decedent should receive only care and treatment necessary to minimize his pain and discomfort; that defendants possessed copies of the 1993 living will and a 2016 health care proxy designating the health care agent to make decedent’s health care decisions; that defendants nevertheless administered to decedent multiple doses of antibiotics and intravenous fluids; and that decedent’s life was wrongfully prolonged for approximately 20 days as a result of the unauthorized measures taken by defendants, causing decedent to endure unnecessary pain and suffering.1 Defendant Hochster seeks summary judgment dismissing the complaint as against him and any cross claims against him. Although he raises several grounds for summary judgment in his favor, only one need be addressed because it is dispositive: that plaintiff’s claim sounds in “wrongful life” and therefore is not cognizable (see NYSCEF doc. no. 18, aff. in support of motion, at
