NOGA v. BROTHERS OF MERCY NURSING & REHABILITATION CTR.

403 CA 20-01069.

198 A.D.3d 1277 (2021)

155 N.Y.S.3d 503

2021 NY Slip Op 05189

Katharine Noga, as Preliminary Executrix of the Estate of George Noga, Also Known as George S. Noga, Sr., Deceased, Respondent, v. Brothers of Mercy Nursing & Rehabilitation Center et al., Appellants.

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

Decided October 1, 2021.


Attorney(s) appearing for the Case

VAHEY GETZ LLP, ROCHESTER ( JON P. GETZ OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BROWN CHIARI, LLP, BUFFALO ( NICOLE T.C. MARQUES OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Carni, Lindley, Troutman and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by granting defendants' motion for summary judgment in part and dismissing the complaint except to the extent that the complaint, as amplified by the bill of particulars, alleges failure to provide proper supervision and failure to follow and to revise the decedent's care plan, and as modified the order is affirmed without costs.

Memorandum: Plaintiff, as executrix of the estate...

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