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BERGER v. PROSPECT PARK RESIDENCE, LLC

2017-09743. Index No. 6639/14.

166 A.D.3d 937 (2018)

87 N.Y.S.3d 572

2018 NY Slip Op 08110

Emily Berger, as Temporary Administrator of the Estate of Mary Berger, et al., Respondents, v. Prospect Park Residence, LLC, et al., Defendants, and New York State Department of Health et al., Appellants.

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

Decided November 28, 2018.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the motion of the New York State Department of Health, Nirav R. Shah, M.D., MPH, as Commissioner of the New York State Department of Health, and Howard Zucker, M.D., as Commissioner of the New York State Department of Health, which were to dismiss, as academic, the causes of action alleging violations of the Americans with Disabilities Act of 1990 (42 USC § 12101...

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