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WARD v. EASTCHESTER HEALTH CARE CENTER, LLC

34 A.D.3d 247 (2006)

823 N.Y.S.2d 398

WARREN WARD, Respondent, v. EASTCHESTER HEALTH CARE CENTER, LLC, Appellant.

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

Decided November 9, 2006.

The original complaint alleged conduct which, if proven, would violate Public Health Law § 2803-c. The proposed amended complaint alleged no new conduct which purportedly violated the Public Health Law, differing from the original pleading only by specifying that redress for the previously alleged violations was sought under Public Health Law § 2801-d. That section authorizes a private right of action for the violation of rights enumerated in section 2803-c of the...

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