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HENRY v. ATLANTIS REHABILITATION & RESIDENTIAL HEALTHCARE FACILITY, LLC

2018-11379. Index No. 9590/12.

194 A.D.3d 1018 (2021)

148 N.Y.S.3d 509

2021 NY Slip Op 03307

Edwin Henry, Appellant, v. Atlantis Rehabilitation and Residential Healthcare Facility, LLC, et al., Respondents.

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

Decided May 26, 2021.

Attorney(s) appearing for the Case

Sheryl R. Menkes (Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Lauren E. Bryant ], of counsel), for appellant.

McGaw, Alventosa & Zajac, Jericho, NY ( Ross P. Masler of counsel), for respondents.

Dillon, J.P., Miller, Connolly and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

From September 8, 2008, to November 4, 2008, the plaintiff's decedent (hereinafter the decedent) was a resident of a facility in Brooklyn owned and operated by the defendants, Atlantis Rehabilitation and Residential Healthcare Facility, LLC, and Atlantis Rehabilitation and Residential Healthcare Facility. The decedent died on May 24, 2009. In 2011, the plaintiff commenced...

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