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BROWN v. NEIGHBORHOOD ASSN. FOR INTER-CULTURAL AFFAIRS, INC.

Index No. 23079/19E. Appeal No. 17651-17652. Case No. 2022-01898, 2022-03201.

215 A.D.3d 416 (2023)

185 N.Y.S.3d 669

2023 NY Slip Op 01836

Takisha Brown, as Administrator of the Estate of Robert Brown, Deceased, Appellant, v. Neighborhood Association for Inter-Cultural Affairs, Inc., et al., Appellants, et al., Defendants. Neighborhood Association for Inter-Cultural Affairs, Inc., et al., Third-Party Plaintiffs-Appellants/Second Third-Party Plaintiffs-Appellants. Isabella Geriatric Center, Inc., et al., Second Third-Party Defendants-Respondents, et al., Third-Party Defendants.

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

Decided April 6, 2023.

Attorney(s) appearing for the Case

Godosky & Gentile, P.C., New York ( Robert E. Godosky , of counsel), and Law Firm of D.F. Truhowsky, New York ( Deborah Truhowsky , of counsel), for Takisha Brown, appellant.

Marshall Conway Bradley Gollub & Weissman, P.C., New York ( Lauren R. Turkel , of counsel), for Neighborhood Association for Inter-Cultural Affairs, Inc. and 3339 Park Development, LLC, appellants.

Kaufman Borgeest & Ryan LLP, Valhalla ( Lisa E. Fleischmann , of counsel), for Isabella Geriatric Center, Inc., respondent.

Mauro Lilling Naparty, LLP, Woodbury ( Seth M. Wienberg , of counsel), for The New York and Presbyterian Hospital, New York Presbyterian/Columbia University Medical Center and New York Presbyterian/Columbia University Irving Medical Center and New York Presbyterian Queens, respondents.

Fumuso, Kelly, Swart, Farrell, Polin & Christesen LLP, Hauppauge ( Scott G. Christesen , of counsel), for The Silvercrest Center for Nursing and Rehabilitation, respondent.

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

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered on or about January 27, 2022, which denied defendants Neighborhood Association for Inter-Cultural Affairs, Inc. (NAICA) and 3339 Park Development, LLC's motion to consolidate this action with a second action pending in New York County and transfer the second action to Bronx County, and order, same court (Marissa Soto, J.), entered June 13, 2022, which granted second third-party defendant Isabella Geriatric...

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