CUNNINGHAM v. MARY AGNES MANOR MGT., L.L.C.

392 CA 19-01231.

188 A.D.3d 1560 (2020)

136 N.Y.S.3d 584

2020 NY Slip Op 06582

Kevin M. Cunningham, as Administrator of the Estate of Patrick Cunningham, Deceased, Appellant, v. Mary Agnes Manor Management, L.L.C., et al., Respondents, et al., Defendants.

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

Decided November 13, 2020.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the first cause of action in the first amended complaint against defendants Mary Agnes Manor Management, L.L.C., Mary Agnes Manor Realty, L.L.C., and Neil Zyskind insofar as it is based on theories of vicarious liability, and reinstating the second and fifth causes of action in the first amended complaint against those defendants, and granting...

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