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KAZIYEVA v. TEMANA ASSOC., INC.

2019-08090, 2019-13079, Index No. 709590/18.

206 A.D.3d 983 (2022)

168 N.Y.S.3d 851

2022 NY Slip Op 04159

Roza Kaziyeva, as Administrator of the Estate of Esa Rafailova, Deceased, Respondent, v. Temana Associates, Inc., et al., Defendants, and Dry Harbor HRF, Inc., Doing Business as Dry Harbor Nursing Home, Appellant.

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

Decided June 29, 2022.

Attorney(s) appearing for the Case

Martin Clearwater & Bell, LLP, East Meadow, NY (Gregory A. Cascino, and Conrad A. Chayes of counsel), for appellant.

Barros, J.P., Rivera, Chambers and Miller, JJ., concur.

Ordered that the orders are affirmed, without costs or disbursements.

Roza Kaziyeva, as administrator of the estate of Esa Rafailova (hereinafter the decedent), commenced this action, inter alia, to recover damages for wrongful death. The complaint alleged that on March 9, 2017, the decedent was being transported from a nursing home that was owned and operated by the defendant Dry Harbor HRF, Inc. (hereinafter Dry Harbor), to a doctor's appointment, via an ambulette...

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