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SAMOLESKI v. REVIVAL HOME HEALTH CARE AGENCY

2019-10056, Index No. 28261/08.

206 A.D.3d 678 (2022)

169 N.Y.S.3d 125

2022 NY Slip Op 03537

Frank Samoleski, Respondent, v. Revival Home Health Care Agency et al., Defendants, and Caring Home Care, Inc., Appellant.

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

Decided June 1, 2022.

Attorney(s) appearing for the Case

Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., Elmsford, NY ( James M. Skelly and Robert Fein of counsel), for appellant.

Law Offices of Michael A. Cervini, P.C. (The Altman Law Firm, PLLC, Woodmere, NY [ Michael T. Altman ], of counsel), for respondent.

Dillon, J.P., Roman, Maltese and Genovesi, JJ., concur.

Ordered that the order is affirmed, with costs.

This consolidated action was commenced, inter alia, to recover damages for personal injuries based on allegations, among other things, that the negligence of the defendants caused or contributed to the injuries of the plaintiff's decedent. After discovery, the defendant Caring Home Care, Inc. (hereinafter the defendant), moved for summary judgment dismissing the complaint...

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