Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
On January 8, 1996, the defendant's 81-year-old mother, Estelle Witt, entered a nursing home owned and operated by the plaintiff. Approximately nine months later, in September 1996, Mrs. Witt received the sum of $659,532 in settlement of a medical malpractice action. It is undisputed that Mrs. Witt gave over $350,000 of the settlement funds to the defendant...
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