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HASAN v. TERRACE II, LLC

Index No. 818734/22.

79 Misc.3d 1021 (2023)

194 N.Y.S.3d 445

2023 NY Slip Op 23155

JOHNIE HASAN, as Administratrix of the Estate of WALLACE HASAN, Deceased, Plaintiff, v. TERRACE ACQUISIONS II, LLC, Doing Business as FORDHAM NURSING AND REHABILITATION CENTER, Also Known as KINGS TERRACE NURSING HOME, Defendant.

Supreme Court, Bronx County.

Decided May 18, 2023.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains ( Kathryn M. Lang of counsel), for defendant.

Krentsel Guzman Herbert, LLP, New York City ( Jonathan J. Panarella of counsel), for plaintiff.

OPINION OF THE COURT

This is a pre-answer motion in which defendant seeks dismissal of plaintiff's complaint for failing to state a cause of action (CPLR 3211[a][7]). By way of background, decedent was a resident at defendant's long-term care facility from July 25, 2019, through April 13, 2020, and April 21, 2020...

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