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GARNER v. ROSA COPLON JEWISH HOME & INFIRMARY

784 CA 19-01516.

189 A.D.3d 2105 (2020)

134 N.Y.S.3d 856

2020 NY Slip Op 07767

Sadie Garner, Individually and as Executrix of the Estate of Lucille Loving, Deceased, Appellant, v. Rosa Coplon Jewish Home and Infirmary et al., Respondents. (Appeal No. 1.)

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

BROWN CHIARI LLP, BUFFALO ( ANGELO S. GAMBINO OF COUNSEL), FOR PLAINTIFF-APPELLANT.

ROACH, BROWN, McCARTHY & GRUBER, P.C., BUFFALO ( MEGHANN N. ROEHL OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Smith, J.P., NeMoyer, Curran, Troutman and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In these consolidated appeals arising from an action seeking damages for nursing home malpractice, plaintiff appeals, in appeal No. 1, from an order granting defendants' motion for summary judgment dismissing the complaint. In appeal No. 2, plaintiff appeals from a further order granting defendants' motion pursuant to CPLR 3211(a)(5) to dismiss a subsequent complaint...

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