MacKIEWICZ v. AUTUMN VIEW HEALTH CARE FACILITY

782 CA 23-00306.

221 A.D.3d 1524 (2023)

198 N.Y.S.3d 468

2023 NY Slip Op 05866

Anne MacKiewicz, as Executor of the Estate of Paul O. Jessen, Deceased, Respondent, v. Autumn View Health Care Facility et al., Appellants.

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

Decided November 17, 2023.


Attorney(s) appearing for the Case

HARRIS BEACH PLLC, NEW YORK CITY ( BRIAN D. GINSBERG OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BROWN CHIARI, LLP, BUFFALO ( ANDREA N. CONJERTI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Lindley, Montour, Greenwood and DelConte, JJ.


Appeal from an order of the Supreme Court, Erie County (Catherine R. Nugent Panepinto, J.), entered November 14, 2022. The order, inter alia, denied the motion of defendants insofar as it sought to dismiss the complaint.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: As limited by their brief, defendants appeal from an order that, inter alia, denied their motion insofar as it sought to dismiss the complaint for failure...

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