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CURRY v. MARTIN

Index No. 31668/18E. Appeal No. 16642. Case No. 2022-01543.

210 A.D.3d 491 (2022)

179 N.Y.S.3d 14

2022 NY Slip Op 06422

Thornton Curry, as Administrator of the Estate of Hannah Curry, Deceased, Respondent, v. Lola Lee Martin, Defendant, and Mrs. G's Services LLC, Appellant.

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

Decided November 15, 2022.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Judy C. Selmeci of counsel), for appellant.

Denlea & Carton LLP, White Plains (John L. Leifert of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Kern, Gesmer, Higgitt, JJ.

Order, Supreme Court, Bronx County (Andrew Cohen, J.), entered on or about October 4, 2021, which, to the extent appealed from as limited by the briefs, denied defendant Mrs. G's Services LLC's (Mrs. G's) motion for summary judgment dismissing the negligence cause of action against it, unanimously affirmed, without costs.

Plaintiff alleges that Mrs. G's, a home care agency, breached a duty of care to his mother, the decedent, through the actions of its employee, defendant...

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