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GREEN v. LAKESIDE MANOR HOME

2009-1290 RIC.

30 Misc.3d 16 (2010)

BARRY GREEN et al., Respondents, v. LAKESIDE MANOR HOME FOR ADULTS, INC., et al., Appellants.

Supreme Court, Appellate Term, Second Department.

Decided November 12, 2010.

Attorney(s) appearing for the Case

O'Connell & Aronowitz, P.C., Albany ( Jeffrey J. Sherrin and Kurt E. Bratten of counsel), for appellants.

MFY Legal Services, Inc., New York City ( Kevin M. Cremin , Jota Borgmann and Christopher D. Lamb of counsel), for respondents.

RIOS, J.P., PESCE and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is reversed without costs and defendants' motion for summary judgment is dismissed.

Plaintiffs are four residents of the Lakeside Manor Home for Adults (Lakeside Manor), a private proprietary adult-care facility. In their complaint, plaintiffs alleged that, based on the number of residents at Lakeside Manor, and pursuant...

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