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CABREJA v. DOE PHYSICIANS

29676/17. Appeal No. 15448. Case No. 2021-00580.

203 A.D.3d 421 (2022)

160 N.Y.S.3d 857

2022 NY Slip Op 01381

Luz Cabreja, as Administratrix for the Estate of Maria Cabreja, Respondent, v. "John/Jane Doe Physicians," Individually and as Employees/Agents of Bay Park Center for Nursing and Rehabilitation, et al., Defendants, and Mosholu Parkway Nursing and Rehabilitation Center, LLC, Appellant. (And a Third-Party Action.)

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

Decided March 3, 2022.

Attorney(s) appearing for the Case

Messner Reeves LLP, New York ( Lena Brinjikji of counsel), for appellant.

Buzin Law, P.C., Purchase ( Andrew S. Buzin of counsel), for respondent.

Concur—Renwick, J.P., Gesmer, Moulton, Rodriguez, Pitt, JJ.

Plaintiff's decedent, a resident at defendant Bay Park Center for Nursing and Rehabilitation, was allegedly sexually assaulted by a fellow nursing home resident; the fellow resident had previously been a resident at Mosholu, which transferred him to Bay Park. As a result of the alleged assault, plaintiff sued Bay Park and Mosholu, alleging, among other things, negligence and negligent supervision. Bay Park then filed a third-party complaint against Mosholu, alleging that...

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