AMENDOLA v. BROOKHAVEN HEALTH CARE FACILITY, LLC

2015-03779. Index No. 32260/12.

150 A.D.3d 1061 (2017)

55 N.Y.S.3d 348

2017 NY Slip Op 04090

RAYMOND AMENDOLA et al., Respondents, v. BROOKHAVEN HEALTH CARE FACILITY, LLC, et al., Appellants.

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

Decided May 24, 2017.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendants' motion which was for summary judgment dismissing so much of the first cause of action as sought to recover damages for ordinary negligence, and substituting therefor a provision granting that branch of the defendants' motion; as so modified, the order is affirmed, with costs to the plaintiffs.

The plaintiff Raymond Amendola (hereinafter the plaintiff...

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