EVERETT v. LORETTO ADULT COMMUNITY, INC.


32 A.D.3d 1273 (2006)

822 N.Y.S.2d 681

ELIZABETH J. EVERETT, Individually and as Executor of MARY JENNIE STRIFE, Deceased, Respondent, v. LORETTO ADULT COMMUNITY, INC., et al., Appellants.

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

September 29, 2006.


It is hereby ordered that the order so appealed from be and the same hereby is modified on the law by granting that part of the motion for partial summary judgment dismissing all claims for punitive damages and dismissing those claims and as modified the order is affirmed without costs.

Memorandum: Plaintiff's decedent was 83 years old and suffered from physical ailments and dementia when she entered defendant Loretto Rest Residential Health Care Facility for two...

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