GONZALEZ v. WINGATE AT BEACON

2015-01950, Index No. 11337/11.

137 A.D.3d 747 (2016)

26 N.Y.S.3d 562

2016 NY Slip Op 01465

EVELINE GONZALEZ, Deceased, by ALMMY PEREZ, as Administratrix, Respondent, v. WINGATE AT BEACON et al., Appellants, et al., Defendants.

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

Decided March 2, 2016.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's cross motion which was pursuant to CPLR 3211 (b) to dismiss the appellants' affirmative defenses of the statute of limitations is denied.

Eveline Gonzalez, who was a resident of a nursing home, died on December 29, 2010. Thereafter, Gonzalez, by and through Almmy Perez, as the administrator of the Gonzalez's estate, commenced separate actions against...

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