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PIETROFORTE v. BELLE HARBOR HOME OF THE SAGES, INC.

Index No. 805149/14. Appeal No. 948. Case No. 2022-02701.

220 A.D.3d 628 (2023)

197 N.Y.S.3d 220

2023 NY Slip Op 05481

Helen Pietroforte, by Her Legal Guardian, Janet Brew, Appellant-Respondent, v. Belle Harbor Home of The Sages, Inc., et al., Respondents-Appellants, and Marie A. Lippman, M.D., et al., Respondents, et. al., Defendants. (And a Third-Party Action.)

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

Decided October 31, 2023.

Attorney(s) appearing for the Case

Rodriguez & Nathan, PLLC, Rockville Centre ( Heather Nathan of counsel), for appellant-respondent.

Barry McTiernan & Moore LLC, New York ( Suzanne M. Halbardier of counsel), for respondents-appellants.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Nicholas P. Hurzeler of counsel), for Marie A. Lippman, M.D., respondent.

Lester Schwab Katz & Dwyer, LLP, New York ( Paul M. Tarr of counsel), for Institute for Community Living, Inc. and Milestone Residence, respondents.

Kaufman Borgeest & Ryan LLP, Valhalla ( David Bloom of counsel), for Centerlight Healthcare, Inc. and Center for Nursing & Rehabilitation, Inc., respondents.

Concur—Kern, J.P., Friedman, Kennedy, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Erika Edwards, J.), entered on or about May 27, 2022, which, to the extent appealed from as limited by the briefs, granted defendants Marie A. Lippman, M.D.'s, Centerlight Healthcare, Inc. and Center for Nursing & Rehabilitation, Inc.'s (Centerlight/CNR), and Institute for Community Living, Inc. and Milestone Residence's (ICL/Milestone) motions for summary judgment dismissing all claims as against them, and granted defendants Belle...

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