Heisler v Samaritan Keep Home, Inc. (2015 NY Slip Op 02616)

Heisler v Samaritan Keep Home, Inc.

2015 NY Slip Op 02616 [126 AD3d 1498]

March 27, 2015

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 29, 2015

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Eleanor Heisler, Respondent, v Samaritan Keep Home, Inc., Appellant, et al., Defendant.

Smith Sovik Kendrick & Sugnet, P.C., Syracuse (James W. Cunningham of counsel), for defendant-appellant.

Bottar Leone, PLLC, Syracuse (Aaron J. Ryder of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered January 13, 2014. The order denied the motion of defendant Samaritan Keep Home, Inc. for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Peradotto, Lindley, Valentino and Whalen, JJ.