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BUTLER v. SHOREFRONT CTR.

27099/05

33 Misc.3d 686 (2011)

932 N.Y.S.2d 672

2011 NY Slip Op 21323

JOSEPH BUTLER, as Administrator of the Estate of JOHN BUTLER, Deceased, Plaintiff, v. SHOREFRONT JEWISH GERIATRIC CENTER, INC., et al., Defendants.

Supreme Court, Kings County.

Decided September 14, 2011.

Attorney(s) appearing for the Case

Kaufman Borgeest & Ryan LLP, Valhalla, for Haym Solomon Home for the Aged, defendant. Hauss & Danke LLP, Staten Island ( Vaslas Lepowsky of counsel), for Shorefront Jewish Geriatric Center, Inc., and another, defendants. Garson DeCorato & Cohen, New York City, for Lutheran Medical Center, defendant. Aaronson, Rappaport, Feinstein & Deutsch, New York City, for Maimonides Medical Center, defendant. Geisler & Gabriele, LLP, Garden City, for Arnold Berlin, M.D., defendant. Dalli & Marino, LLP, Mineola, for plaintiff.

OPINION OF THE COURT

MARSHA L. STEINHARDT, J.

Defendant, Haym Solomon Home for the Aged (HSHA), moves to dismiss plaintiff's claim for punitive damages asserted against it pursuant to Public Health Law § 2801-d (2) and for an order pursuant to CPLR 3212 granting summary judgment in its favor dismissing the complaint in its entirety.

Now, upon the foregoing and oral argument on July 8, 2011 and due deliberation had thereon, the motion of defendant...

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