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HULL v. SMITHTOWN CENTER FOR REHABILITATION & NURSING CARE

2010-11252.

89 A.D.3d 1062 (2011)

933 N.Y.S.2d 595

2011 NY Slip Op 8727

KENNETH HULL, as Executor of CATHERINE HULL, Deceased, Respondent, v. SMITHTOWN CENTER FOR REHABILITATION & NURSING CARE et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 29, 2011.

Ordered that the order is affirmed, with one bill of costs.

The defendants failed to establish their prima facie entitlement to judgment as a matter of law in connection with their contention that the complaint sounds in medical malpractice rather than simple negligence and, thus, that the action was untimely pursuant to CPLR 214-a. Accordingly, the Supreme Court properly denied the motion of the defendants Smithtown Center for Rehabilitation & Nursing Care and...

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