HASAN v. TERRACE ACQUISITIONS II, LLC

Index No. 818734/22, Appeal No. 1640, Case No. 2023-02779.

2024 NY Slip Op 00739

JOHNIE HASAN ETC., Plaintiff-Appellant, v. TERRACE ACQUISITIONS II, LLC, DOING BUSINESS AS FORDHAM NURSING AND REHABILITATION CENTER, ALSO KNOWN AS KINGS TERRACE NURSING HOME, Defendant-Respondent.

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

Decided February 13, 2024.


Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York ( Scott T. Horn of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, Albany ( Steven V. DeBraccio of counsel), for respondent.

Before: Webber, J.P., Singh, Kennedy, Scarpulla, Rosado, JJ.


Order, Supreme Court, Bronx County (Joseph E. Capella, J.), entered May 30, 2023, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff's decedent was a resident of defendant's nursing home facility from around June 1, 2019 to April 13, 2020, when he was hospitalized and diagnosed with COVID-19, and was again a resident of the facility from April 21, 2020 until his death on May 6, 2020. Plaintiff asserts causes of...

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