ORDER AND REASONS
BERRIGAN, District Judge.
Defendant, Living Centers-East, Inc. ("Living Centers"), moves for partial summary judgment against five of the plaintiff's six claims. For the reasons stated below, the motion is DENIED as to Counts One, Three and Five and GRANTED as to Counts Four and Six.
Ms. Thelma Caruso, mother of the plaintiff, was a nursing home resident in the Jefferson Health Care Center
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