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BREGAUDIT v. LORETTO HEALTH AND REHABILITATION CTR.

863 CA 21-01590.

211 A.D.3d 1582 (2022)

181 N.Y.S.3d 793

2022 NY Slip Op 07367

Edison Bregaudit, Appellant, v. Loretto Health and Rehabilitation Center, Appellant, and Pro Scapes, Inc., Respondent.

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

Decided December 23, 2022.

Attorney(s) appearing for the Case

SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE ( DAVID M. KATZ OF COUNSEL), FOR DEFENDANT-APPELLANT.

WOODRUFF LEE CARROLL P.C., SYRACUSE ( WOODRUFF LEE CARROLL OF COUNSEL), FOR PLAINTIFF-APPELLANT.

COSTELLO, COONEY & FEARON, PLLC, SYRACUSE ( KELLY J. PARE OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Peradotto, Curran, Winslow and Montour, JJ.

Appeals from an order of the Supreme Court, Onondaga County (Joseph E. Lamendola, J.), entered August 3, 2021. The order, among other things, granted the motion of defendant Pro Scapes, Inc. for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of the motion of defendant Pro Scapes, Inc. for summary judgment dismissing the amended complaint against it, for summary judgment dismissing the...

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