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MARIETTE v. AMBER CT. OF PELHAM GARDENS LHCSA, LLC

Index No. 24983/19E. Appeal No. 17235. Case No. 2022-00127.

213 A.D.3d 413 (2023)

182 N.Y.S.3d 104

2023 NY Slip Op 00490

Craig P. Mariette, Individually and as Administrator of the Estate of Lionel Mariette, Deceased, Respondents, v. Amber Court of Pelham Gardens LHCSA, LLC, Appellant.

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

Decided February 2, 2023.

Attorney(s) appearing for the Case

Catalano Gallardo & Petropoulos, LLP, Jericho ( Domingo R. Gallardo of counsel), for appellant.

Ronemus & Vilensky, LLP, Garden City ( Lisa M. Comeau of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., González, Scarpulla, Shulman, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Joseph Capella, J.), entered on or about November 19, 2021, which denied defendant Amber Court of Pelham Gardens LHCSA, LLC's (Amber Court LLC) motion to dismiss the complaint and granted plaintiff's motion for leave to amend the complaint to correct defendant's name to Judith Lynn Home for Adults, LLC (Judith Lynn Home) and Judith Lynn Home d/b/a Amber Court of Pelham Gardens as defendants, unanimously modified, on the law, to grant defendant...

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