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OLSON v. B & S CARING ASSOCIATES, INC.

271 A.D.2d 588 (2000)

706 N.Y.S.2d 440

DONALD A. OLSON, as Executor of BETTY A. GRIFFO, Deceased, Appellant, v. B & S CARING ASSOCIATES, INC., et al., Respondents.

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

Decided April 17, 2000.

Ordered that the order is affirmed, with costs.

The defendants are in the business of providing health aides to individuals who need home care. The plaintiff and his sister, the decedent Betty Ann Griffo, contracted with the defendants for an aide to care for their father in Ms. Griffo's home. While in the defendants' employ, the aide provided approximately 115 hours of the requisite service. Ms. Griffo, however, then hired the aide privately to care for her father...

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