HEALTH v. HYLAND

920 CA 21-00752.

200 A.D.3d 1654 (2021)

160 N.Y.S.3d 511

2021 NY Slip Op 07391

Kaleida Health, Appellant, v. Margaret Hyland et al., Respondents.

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

Decided December 23, 2021.


Attorney(s) appearing for the Case

MAGAVERN MAGAVERN GRIMM LLP, NIAGARA FALLS ( SEAN J. MACKENZIE OF COUNSEL), FOR PLAINTIFF-APPELLANT.

Present—Smith, J.P., Peradotto, NeMoyer, Bannister and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the fifth, sixth, and seventh causes of action in the complaint, and as modified, the order is affirmed without costs.

Memorandum: Plaintiff, a not-for-profit hospital corporation, owns and operates DeGraff Rehab and Long Term Care, a residential skilled nursing facility where defendant Margaret Hyland (Margaret) resides. Plaintiff...

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