Rozier v BTNH, Inc. (2018 NY Slip Op 07574)

Rozier v BTNH, Inc.

2018 NY Slip Op 07574 [166 AD3d 1515]

November 9, 2018

Appellate Division, Fourth Department

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

As corrected through Wednesday, January 2, 2019

[*1]

Glasco Rozier, Appellant,
v
BTNH, Inc., Doing Business as Delaware Nursing & Rehabilitation Center, Respondent. (Appeal No. 1.)

Joy A. Kendrick, Buffalo, for plaintiff-appellant.

Underberg & Kessler LLP, Buffalo (Colin D. Ramsey of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Tracey A. Bannister, J.), entered March 29, 2017. The order, insofar as appealed from, denied those parts of the motion of plaintiff seeking to preclude certain testimony and seeking partial summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Rozier v BTNH, Inc. ([appeal No. 2] 166 AD3d 1516 [4th Dept 2018]). Present—Smith, J.P., Peradotto, Lindley and DeJoseph, JJ.