Ward v Brothers of Mercy Nursing & Rehabilitation Ctr.
2022 NY Slip Op 05453 [208 AD3d 1639]
September 30, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2022


[*1]
 Michele Iannello Ward, as Executor of the Estate of Michael S. Iannello, Deceased, Respondent-Appellant,
v
Brothers of Mercy Nursing and Rehabilitation Center et al., Appellants-Respondents.

Roach, Brown, McCarthy & Gruber, P.C., Buffalo (Hedwig M. Auletta of counsel), for defendants-appellants-respondents.

Brown Chiari LLP, Buffalo (Jesse A. Drumm of counsel), for plaintiff-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Paul Wojtaszek, J.), entered August 23, 2021. The order, inter alia, granted in part and denied in part the motion of defendants for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Lindley, J.P., NeMoyer, Curran and Winslow, JJ.