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TEIXEIRA v. WOODHAVEN CENTER OF CARE

2017-12375, Index No. 606482/15.

173 A.D.3d 1108 (2019)

103 N.Y.S.3d 120

2019 NY Slip Op 04986

Silvia Teixeira, as Administratrix of the Estate of Salvatore Niosi, Deceased, Respondent, v. Woodhaven Center of Care, Appellant.

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

Decided June 19, 2019.

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

The plaintiff, as the administrator of her father's estate (hereinafter the decedent), commenced this action, inter alia, to recover damages for wrongful death against the defendant, a nursing home facility, alleging that the negligence of the defendant's employees caused the decedent to choke to death while under the defendant's care. While the plaintiff...

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