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RODRIGUEZ v. RIVER VALLEY CARE CENTER, INC.

9100. 27889/16E.

175 A.D.3d 432 (2019)

108 N.Y.S.3d 126

2019 NY Slip Op 06370

Reinaldo Rodriguez, as Voluntary Administrator of the Estate of Eneida Rodriguez, Deceased, Appellant, v. River Valley Care Center, Inc., et al., Respondents.

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

Decided August 27, 2019.

Plaintiff Reinaldo Rodriguez, decedent Eneida Rodriguez's son, timely commenced a prior action for personal injuries, medical malpractice and wrongful death against defendants River Valley Care Center, Inc. (the nursing home) and Gracie River Hospital (the hospital) in his capacity as "proposed administrator" of decedent's estate. By order dated May 26, 2016 and entered June 1, 2016, the court granted the nursing home's motion to dismiss the action pursuant to CPLR 3211(a...

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