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CAIO v. THROGS NECK REHABILITATION & NURSING CTR.

Docket No. 22891/20. Appeal No. 14210. Case No. 2021-01100.

197 A.D.3d 1030 (2021)

151 N.Y.S.3d 887

2021 NY Slip Op 05074

Salvatore Caio, Deceased, by Madeline Caio, as Administrator, et al., Respondents, v. Throgs Neck Rehabilitation and Nursing Center et al., Appellants, et al., Defendants.

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

Decided September 28, 2021.

Attorney(s) appearing for the Case

Kaufman Borgeest & Ryan LLP, Valhalla ( Jacqueline Mandell of counsel), for appellants.

Jacoby & Meyers, LLP, Newburgh ( Ann R. Johnson of counsel), for respondents.

Concur—Webber, J.P., Mazzarelli, González, Scarpulla, Pitt, JJ.

Defendants established that the nursing home admission agreement signed by the decedent's designated representative on his behalf to secure his admission to its nursing home had a forum selection clause providing that Supreme Court, Westchester County, has exclusive jurisdiction over any dispute arising under the agreement (see Hendricks v Wayne Ctr. for Nursing & Rehabilitation, 194 A.D.3d 648

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