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REAPE v. NCRNC, LLC

Index No. 805403/16 Appeal No. 17225 Case No. 2022-03101.

213 A.D.3d 538 (2023)

184 N.Y.S.3d 739

2023 NY Slip Op 00936

Kenneth Reape, Individually and as Administrator of the Estate of Hubert Reape, Deceased, Respondent, v. NCRNC, LLC, Doing Business as Northeast Center for Rehabilitation & Brain Injury, Defendant, and HealthAlliance Hospital Broadway Campus, Doing Business as The Kingston Hospital, Appellant.

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

Decided February 16, 2023.

Attorney(s) appearing for the Case

Scholes & Miller, PLLC, Fishkill (Ellen A. Fischer of counsel), for appellant.

Sanocki, Newman & Turret, LLP, New York (Carl B. Tegtmeier of counsel), for respondent.

Concur—Kapnick, J.P., Friedman, Gesmer, Moulton, Mendez, JJ.

Order, Supreme Court, New York County (Erika Edwards, J.), entered on or about June 21, 2022, which, to the extent appealed from as limited by the briefs, denied in part defendant HealthAlliance Hospital Broadway Campus doing business as The Kingston Hospital's (Kingston) motion for summary judgment dismissing the complaint as against it, unanimously modified, on the law, to dismiss plaintiff's wrongful death cause of action and his individual claims as against Kingston,...

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