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RITTS v. GOWANDA REHABILITATION & NURSING CTR.

1026 CA 20-01556.

201 A.D.3d 1341 (2022)

158 N.Y.S.3d 715

2022 NY Slip Op 00578

Ted W. Ritts, Individually and as Administrator of the Estate of David L. Colley, Deceased, Appellant, v. Gowanda Rehabilitation and Nursing Center, Also Known as GNH LLC, Respondent.

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

Decided January 28, 2022.

Attorney(s) appearing for the Case

HOGANWILLIG, PLLC, AMHERST ( RYAN C. JOHNSEN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

FELDMAN KIEFFER, LLP, BUFFALO ( JONATHAN J. SCHUTRUM OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Carni, NeMoyer, Curran and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.

Memorandum: Plaintiff commenced this action to recover damages arising from injuries sustained by plaintiff's decedent while he was a patient at a nursing home facility owned and operated by defendant. The complaint asserted causes of action for medical malpractice and violations of Public Health Law

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