CASIANO v. RIVERDALE SNF, LLC

Index No. 801306/21. Appeal No. 2640. Case No. 2023-04008.

230 A.D.3d 1057 (2024)

219 N.Y.S.3d 265

2024 NY Slip Op 04599

Bertha Casiano, Appellant, v. Riverdale SNF, LLC, Doing Business as Schervier Rehabilitation and Nursing Center, Respondent.

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

Decided September 26, 2024.


Attorney(s) appearing for the Case

Mischel & Horn, P.C., New York (Christen Grannaros of counsel), for appellant.

Kaufman, Borgeest & Ryan, LLP, Valhalla (Mark Goreczny of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Friedman, Kapnick, Shulman, Pitt-Burke, JJ.


Order, Supreme Court, Bronx County (Joseph E. Capella, J.), entered July 7, 2023, which, insofar as appealed from as limited by the briefs, granted defendant's motion for summary judgment dismissing the complaint, unanimously modified, on the law, to deny the motion with respect to the first, second and third causes of action, and otherwise affirmed, without costs.

The affirmation of plaintiff's expert was sufficient to raise a triable issue of fact as to defendant...

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