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PROMENADE NURSING HOME, INC. v. CITY OF NEW YORK

2018-12261. 2018-12262. Index No. 700347/14.

191 A.D.3d 1025 (2021)

143 N.Y.S.3d 366

2021 NY Slip Op 08208

Promenade Nursing Home, Inc., Appellant, v. City of New York, Respondent.

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

Decided February 24, 2021.

Attorney(s) appearing for the Case

Asher Fensterheim PLLC, White Plains, NY ( Kelly Paul Peters and Mark A. Guterman of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York, NY ( Scott Shorr and Anna Wolonciej of counsel), for respondent.

Mastro, A.P.J., Rivera, Miller and Duffy, JJ., concur.

Ordered that the appeal from the extract of the clerk's minutes of trial is dismissed, as no appeal lies from an extract of clerk's minutes (see Wilson v Schindler Haughton El. Corp., 118 A.D.2d 777 [1986]); and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that one bill of costs is awarded to the defendant.

The plaintiff, Promenade Nursing Home, Inc., operated a nursing...

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