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WOODMERE REHABILITATION AND HEALTH CARE CENTER, INC. v. ZAFRIN

2017-07771. Index No. 602487/15.

197 A.D.3d 1263 (2021)

154 N.Y.S.3d 101

2021 NY Slip Op 05039

Woodmere Rehabilitation and Health Care Center, Inc., Respondent, v. Mark Zafrin et al., Defendants, and Walter Eisenberg et al., Appellants.

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

Decided September 22, 2021.

Attorney(s) appearing for the Case

Campolo, Middleton & McCormick, LLP, Ronkonkoma, NY ( Patrick McCormick and Meghan M. Dolan of counsel), for appellants.

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Lake Success, NY ( Howard Fensterman , David J. Kaplan , John S. Cahalan , Robert Spolzino , and Steven Cohn of counsel), for respondent.

Dillon, J.P., Connolly, Iannacci and Christopher, JJ., concur.

Ordered that the appeal from so much of the order as denied that branch of the motion of Walter Eisenberg, Joseph Eisenberg, Irene Eisenberg, Michael Sedrish, and Philip Sedrish which was for summary judgment on their first cause of action against Woodmere Rehabilitation and Health Care Center, Inc., is dismissed, as that portion of the order was superseded by an order of the same court entered August 15, 2019 (see Woodmere Rehabilitation & Health Care Ctr., Inc. v...

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