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WHITEHEAD v. PINE HAVEN

535767.

222 A.D.3d 104 (2023)

201 N.Y.S.3d 697

2023 NY Slip Op 06180

THOMAS N. WHITEHEAD, as Executor of the Estate of JANIS H. TIPPLE, Deceased, Respondent, v. PINE HAVEN OPERATING LLC, Doing Business as PINE HAVEN NURSING AND REHABILITATION CENTER, et al., Appellants, et al., Defendants.

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

Decided November 30, 2023.

Attorney(s) appearing for the Case

Hall Booth Smith, PC, New York City ( Jeffrey T. Wolber of counsel) and Phelan, Phelan & Danek, LLP, Albany ( Marie Flynn Danek of counsel), for appellants.

Napoli Shkolnik PLLC, Melville ( Scott T. Horn of Mischel & Horn, PC, New York City, of counsel), for respondent.

Greenberg Traurig, LLP, Albany (Henry M. Greenberg of counsel), for Greater New York Hospital Association and another, amici curiae.

EGAN JR., J.P., CLARK, McSHAN and POWERS, JJ., concur.

OPINION OF THE COURT

APPEAL from an order of the Supreme Court, Columbia County (Henry F. Zwack, J.), entered June 8, 2022. The order partially granted a motion by defendants Pine Haven Operating LLC and Pine Haven Nursing and Rehabilitation Center to dismiss the complaint...

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