ALMEYDA v. CONCOURSE REHABILITATION & NURSING CTR., INC.

Index No. 20665/15E. Appeal No. 13619. Case No. 2020-01219.

195 A.D.3d 437 (2021)

150 N.Y.S.3d 67

2021 NY Slip Op 03521

Chano Almeyda, Respondent, v. Concourse Rehabilitation & Nursing Center, Inc., Doing Business as Concourse Rehabilitation & Nursing Center, Appellant, et al., Defendants.

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

Decided June 3, 2021.


Attorney(s) appearing for the Case

Kaufman Borgeest & Ryan LLP, Valhalla ( Shannon Henderson of counsel), for appellant.

Ressler & Ressler, New York ( Bruce J. Ressler of counsel) and Villari, Lentz & Lyman, LLC, Philadelphia, PA ( Leonard G. Villari , of the bar of the Commonweath of Pennsylvania, admitted pro hac vice, of counsel), for respondent.

Concur— Webber, J.P., Oing, González, JJ.


Supreme Court properly denied defendant's motion for summary judgment. Although the affirmations of defendant's experts satisfied its prima facie burden of demonstrating its entitlement to summary judgment as to the medical malpractice and Public Health Law claims, the affirmation of plaintiff's expert, offered in opposition to the motion, was sufficient to raise triable issues of fact (Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324...

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