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NESMITH v. MONAHEMI

Index No. 28556/16.

75 Misc.3d 352 (2022)

167 N.Y.S.3d 345

2022 NY Slip Op 22108

LORETTA NESMITH, Individually and as Administratrix of the Estate of FERMAN NESMITH, Also Known as FERMAN D. NESMITH, Deceased, Plaintiff, v. POURRAT M. MONAHEMI, M.D., et al., Defendants.

Supreme Court, Bronx County.

Decided April 12, 2022.

Attorney(s) appearing for the Case

Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP, White Plains (Dena Berke of counsel), for Bronx Harbor Health Care Complex, Inc., defendant.

Sinel & Olesen, PLLC, New York City (Austin P. O'Brien of counsel), for plaintiff.

Decorato, Cohen, Sheehan & Federico, LLP, New York City, for Pourrat M. Monahemi, M.D., defendant.

OPINION OF THE COURT

Soon after plaintiff commenced the instant nursing home action, which alleges negligence, medical malpractice, Public Health Law violations, and wrongful death, the defendant, Bronx Harbor Health Care Complex, Inc., moved to change venue (CPLR 501) from Bronx to Westchester County based on a venue...

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