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GARVEY v. LUTHERAN MEDICAL CENTER

2015-06111, Index No. 218/13.

137 A.D.3d 1212 (2016)

27 N.Y.S.3d 395

2016 NY Slip Op 02324

ELAINE GARVEY, as Administratrix of the Estate of RONALD BROPHY, Deceased, Respondent, v. LUTHERAN MEDICAL CENTER et al., Defendants, and METROPOLITAN JEWISH HOME CARE, INC., Appellant.

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

Decided March 30, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

On January 4, 2013, the plaintiff, as administrator of the estate of Ronald Brophy (hereinafter the decedent), commenced this action against, among others, the defendant Metropolitan Jewish Home Care, Inc. (hereinafter MJHC), which rendered in-home treatment and care to the decedent between December 16, 2009, and February 1, 2010. The complaint asserted...

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