Antonella Ruth, as Administrator of the Estate of Lucia Consiglio, Deceased, Appellant,
v.
Elderwood at Amherst et al., Respondents.
Appellate Division of the Supreme Court of New York, Fourth Department.https://leagle.com/images/logo.png
Decided October 7, 2022.
Decided October 7, 2022.
Attorney(s) appearing for the Case
LAW OFFICE OF KENNETH R. HILLER, AMHERST ( TIMOTHY HILLER OF COUNSEL), FOR PLAINTIFF-APPELLANT.
HURWITZ & FINE, P.C., BUFFALO ( TODD C. BUSHWAY OF COUNSEL), BUFFALO, FOR DEFENDANTS-RESPONDENTS.
O'CONNELL AND ARONOWITZ, ALBANY ( CORNELIUS D. MURRAY OF COUNSEL), FOR THE NEW YORK STATE HEALTH FACILITIES ASSOCIATION, INC., THE GREATER NEW YORK HEALTH CARE FACILITIES ASSOCIATION AND THE SOUTHERN NEW YORK ASSOCIATION, AMICI CURIAE.
GREENBERG TRAURIG, LLP, ALBANY ( HENRY M. GREENBERG OF COUNSEL), FOR GREATER NEW YORK HOSPITAL ASSOCIATION AND THE HEALTHCARE ASSOCIATION OF NEW YORK STATE, INC., AMICI CURIAE.
HOLWELL, SHUSTER & GOLDBERG LLP, NEW YORK CITY ( VINCENT LEVY OF COUNSEL), FOR CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, AMERICAN PROPERTY CASUALTY INSURANCE ASSOCIATION, NEW YORK INSURANCE ASSOCIATION, INC., AMERICAN TORT REFORM ASSOCIATION, LAWSUIT REFORM ALLIANCE OF NEW YORK, CENTER FOR JURISPRUDENCE, INC., RESTAURANT LAW CENTER, AND NEW YORK STATE RESTAURANT ASSOCIATION, AMICI CURIAE.
CENTER FOR ELDER LAW & JUSTICE, BUFFALO ( BRIA A. LEWIS OF COUNSEL), FOR CENTER FOR ELDER LAW & JUSTICE AND EMPIRE JUSTICE CENTER, AMICI CURIAE.
Present —Smith, J.P., Peradotto, NeMoyer and Bannister, JJ.
Appellate Division of the Supreme Court of New York, Fourth Department.
Appeal from an order of the Supreme Court, Erie County (Mark J. Grisanti, A.J.), entered August 5, 2021. The order granted defendants' motion to dismiss plaintiff's complaint.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this action arising from the death of plaintiff's decedent from COVID-19 following treatment at certain nursing homes in March and April 2020, plaintiff appeals from an order that...
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