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HENRY v. SPLIT ROCK REHABILITATION & HEALTH CARE CTR., LLC

Index No. 25661/14E. Appeal No. 15970. Case No. 2021-02700.

205 A.D.3d 540 (2022)

166 N.Y.S.3d 538

2022 NY Slip Op 03319

Ian Henry, Respondent, v. Split Rock Rehabilitation and Health Care Center, LLC, et al., Appellants, et al., Defendant.

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

Decided May 19, 2022.

Attorney(s) appearing for the Case

Caitlin Robin & Associates, PLLC, New York ( Logan Youngworth-Wright of counsel), for appellants.

Rosenbaum & Rosenbaum, P.C., New York ( Mark W. Walsh of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Mendez, Pitt, Higgitt, JJ.

Plaintiff's motion was properly granted, as defendants failed to establish that they have "been hindered in the preparation of [their] case or [have] been prevented from taking some measure in support of [their] position" (Loomis v Civetta Corinno Constr. Corp., 54 N.Y.2d 18, 23 [1981]). Simply because defendants may be exposed to greater liability or may be required to spend more time in the preparation of their case does not constitute...

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