LISI v. NEW YORK CTR. FOR REHABILITATION & NURSING

2021-05080, Index No. 705559/20.

2024 NY Slip Op 01171

CARMELLA LISI, ETC., Appellant, v. NEW YORK CENTER FOR REHABILITATION AND NURSING, ET AL., Defendants, PAVILION AT QUEENS FOR REHABILITATION, Respondent.

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

Decided March 6, 2024.


Attorney(s) appearing for the Case

Parker Waichman, LLP, Port Washington, NY ( Jay L. T. Breakstone of counsel), for appellant.

Sheeley LLP, New York, NY ( David Henry Sculnick of counsel), for respondent.

Before: Valerie Brathwaite Nelson, J.P., Cheryl E. Chambers, Deborah A. Dowling, Lillian Wan, JJ.


DECISION & ORDER

In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Queens County (Chereé A. Buggs, J.), entered July 9, 2021. The order, insofar as appealed from, granted that branch of the motion of the defendant Pavilion at Queens for Rehabilitation which was pursuant to CPLR 7503 to compel arbitration.

ORDERED that the order is reversed insofar as appealed from, on the law...

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