McCARTHY v. SEA CREST HEALTH CARE CTR., LLC

2018-05427. Index No. 517729/17.

189 A.D.3d 818 (2020)

133 N.Y.S.3d 482

2020 NY Slip Op 07186

Maria McCarthy, Appellant, v. Sea Crest Health Care Center, LLC, et al., Respondents.

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

Decided December 2, 2020.


Attorney(s) appearing for the Case

D.F. Truhowsky ( Alexander J. Wulwick , New York, NY, of counsel), for appellant.

Balkin, J.P., Leventhal, Barros and Wooten, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, for a framed-issue hearing in accordance herewith, and a new determination of the defendants' motion thereafter.

Dennis McCarthy (hereinafter Dennis) allegedly was injured while he was a resident at the defendants' nursing home. The instant action was commenced on Dennis's behalf, inter alia...

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