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HENRY v. ATLANTIS REHABILITATION & RESIDENTIAL HEALTHCARE FACILITY, LLC

2019-08049. Index No. 9590/12.

194 A.D.3d 1021 (2021)

2021 NY Slip Op 03308

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 ( Andrew Zajac of counsel), for respondents.

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

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and that branch of the plaintiff's motion which was pursuant to CPLR 3126 to strike the defendants' answer is granted in its entirety.

The relevant background facts are set forth in this Court's decision and order on a related appeal (Henry v Atlantis Rehabilitation and Residential Healthcare Facility...

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