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AVALON GARDENS REHABILITATION & HEALTH CARE CTR., LLC v. MORSELLO

2010-06517.

97 A.D.3d 611 (2012)

948 N.Y.S.2d 377

2012 NY Slip Op 5485

AVALON GARDENS REHABILITATION & HEALTH CARE CENTER, LLC, Appellant, v. FRANK MORSELLO, Defendant, and ALICIA PITITTO et al., Respondents.

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

July 11, 2012.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The defendant Alicia Petitto met her prima facie burden of establishing her entitlement to judgment as a matter of law dismissing the breach of contract and fraudulent conveyance causes of action insofar as asserted against her (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]; Zuckerman v City of New York,

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