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MITSINICOS v. NEW ROCHELLE NURSING HOME

258 A.D.2d 630 (1999)

685 N.Y.S.2d 758

ANASTASIA MITSINICOS, Respondent, v. NEW ROCHELLE NURSING HOME, Appellant.

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

Decided February 22, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not improvidently exercise its discretion under CPLR 2221 when, upon granting reargument to the plaintiff, it vacated its prior dismissal of the complaint under CPLR 3211 (a) (3). The record supports the court's finding that it had "misapprehended" certain facts, including, inter alia, that the mental disability attested...

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