HAIRSTON v. MARCUS GARVEY RESIDENTIAL REHAB PAVILION, INC.

2015-09554. Index No. 11779/10.

163 A.D.3d 530 (2018)

80 N.Y.S.3d 407

2018 NY Slip Op 05021

Michael Hairston, as Administrator of the Estate of Margaret Hansley, Deceased, Appellant, v. Marcus Garvey Residential Rehab Pavilion, Inc., et al., Respondents. St. Marks Brooklyn Associates, LLC, Intervenor-Respondent.

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

Decided July 5, 2018.


Ordered that the order dated August 19, 2015, is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Marcus Garvey Residential Rehab Pavilion, Inc., which was pursuant to CPLR 5015 (a) (1) to vacate the order dated February 14, 2011, is denied.

The plaintiff's decedent was a resident of a nursing home owned and operated by the defendant Marcus Garvey Residential Rehab Pavilion, Inc. (hereinafter the nursing home...

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