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BATILO v. MARY MANNING WALSH NURSING HOME CO., INC.

1607, 152461/15.

140 A.D.3d 637 (2016)

33 N.Y.S.3d 715

2016 NY Slip Op 05096

NELDA BATILO, Respondent, v. MARY MANNING WALSH NURSING HOME CO., INC., et al., Defendants, and ROMAN CATHOLIC ARCHDIOCESE OF NEW YORK, Appellant.

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

Decided June 28, 2016.

Accorded the benefit of every favorable inference, plaintiff's factual allegations and averments, as amplified by her affidavit in opposition, do not state any basis for finding that a joint employment relationship existed between defendant Archdiocese on the one hand and defendants ArchCare and Mary Manning Walsh Nursing Home Co. (the nursing home) on the other (see Sanchez v Brown, Harris, Stevens, 234...

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