| Passucci v Absolut Ctr. for Nursing & Rehabilitation at Allegany, LLC |
| 2015 NY Slip Op 01019 [125 AD3d 1313] |
| February 6, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Margaret Passucci, as Administratrix of the Estate of Lucille Fierle, Deceased, Respondent-Appellant, v Absolut Center for Nursing and Rehabilitation at Allegany, LLC, et al., Appellants-Respondents. |
Phillips Lytle LLP, Buffalo (William J. Brennan of counsel), for defendants-appellants-respondents.
Brown Chiari LLP, Lancaster (Michael C. Scinta of counsel), for plaintiff-respondent-appellant.
Appeal and cross appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered January 10, 2014. The order granted in part and denied in part the motion of plaintiff for class certification.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Fahey, Peradotto, Carni and Whalen, JJ.