GORTON v. FELLNER


88 A.D.2d 742 (1982)

Linda Gorton, Appellant, v. Jay Fellner, Defendant, and Irving Siegel, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 27, 1982


Plaintiff, who had been a patient in the Susquehanna Nursing Home for five years, seeks to recover damages resulting from an alleged wrongful discharge in September, 1978. The issue on appeal is whether Special Term correctly granted defendant Siegel's CPLR 3211 and 3212 motions to dismiss the complaint as against him on the ground he was not a partner in the nursing home business at the time of the commission of the alleged wrongful act. In 1972, prior to the formal opening...

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