MIRANDA v. RIVERDALE MANOR HOME FOR ADULTS

736, 17975/07.

142 A.D.3d 813 (2016)

37 N.Y.S.3d 258

FRANCISCA MIRANDA, Appellant, v. RIVERDALE MANOR HOME FOR ADULTS et al., Respondents, et al., Defendants.

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

Decided September 8, 2016.


The court properly granted defendants' respective motions for summary judgment in this action where Luis Miranda, a person with a serious mental disorder and cognitive impairment sustained injuries after leaving the premises of Riverdale, an "open door" residential facility for disabled adults.

The court correctly found, as plaintiff's attorney recognized at oral argument, that Riverdale was properly classified as an adult home under 18 NYCRR 487.2 (a), not a residential...

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