Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the defendant's motion for summary judgment dismissing the complaint, as the defendant failed to establish its prima facie entitlement to judgment as a matter of law. The plaintiff's decedent, who had multiple sclerosis, choked on a hotdog. At the time of the incident, the defendant's employees, two home health care aides, were assigned to care for the decedent. One of the aides unsuccessfully...
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