In Goldberg v. Plaza Nursing Home Comp., 222 A.D.2d 1082 [4th Dept 1995], decedent was a patient who was placed in a restraint vest while she took a nap. Upon wakening, decedent summoned defendant's employees to release her from the vest. When defendant's employees ignored her calls for help, decedent became agitated and tried to release herself from the vest. Decedent then was either strangled by the vest or became so agitated that she suffered cardiac arrest. The amended complaint contained causes of action for wrongful death, negligent infliction of emotional distress, intentional infliction of emotional distress, and a violation Public Health Law 2801-d. In holding that the lower court should have granted summary judgment dismissing the cause of action based on the Public Health Law, the court stated: The record establishes that plaintiff's fourth cause of action is predicated on defendant's negligence. The various memoranda that accompanied the enactment of Public Health Law 2801-d show that the purpose of that section was to provide a remedy to patients in residential health care facilities who are denied the rights and benefits enumerated in Public Health Law 2803-c (3); the purpose was not to create a new personal injury cause of action based on negligence when that remedy already existed (see, 1975 McKinney's Session Laws of NY, at 1685-1686, 1764; accord, Begandy v. Richardson,134 Misc. 2d 357, 360-361, 510 N.Y.S.2d 984). Here, plaintiff possessed the right to bring a wrongful death action predicated upon defendant's negligence notwithstanding the enactment of that section. Thus, we conclude that to give Public Health Law 2801-d the interpretation urged by plaintiff would authorize a cause of action under that section for every case based upon negligence and implicating a residential health care facility. Further, we conclude that it is unlikely that the Legislature envisioned extension of the principle of strict liability to residential health care facilities for injuries and damages that are traditionally the subject of tort liability. (Goldberg v. Plaza Nursing Home Comp., 222 A.D.2d 1082, 1084, 635 N.Y.S.2d 841).