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MARKSAMER v. ENGEL BURMAN SENIOR HOUSING AT MASSAPEQUA, LLC

2011-07125.

95 A.D.3d 963 (2012)

944 N.Y.S.2d 595

2012 NY Slip Op 3607

LLOYD MARKSAMER, Respondent, v. ENGEL BURMAN SENIOR HOUSING AT MASSAPEQUA, LLC, Appellant.

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

Decided May 8, 2012.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the first cause of action alleging common-law negligence is granted.

Jesse N. Marksamer (hereinafter the decedent) was a resident at the defendant's facility known as the Bristal Assisted Living at Westbury, which was licensed as an "enriched housing program...

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