Passucci v Absolut Ctr. for Nursing & Rehabilitation At Allegany, LLC

Passucci v Absolut Ctr. for Nursing & Rehabilitation At Allegany, LLC 2015 NY Slip Op 01019 Decided on February 6, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 6, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, CARNI, AND WHALEN, JJ.
61 CA 14-00963

[*1]MARGARET PASSUCCI, AS ADMINISTRATRIX OF THE ESTATE OF LUCILLE FIERLE, DECEASED, PLAINTIFF-RESPONDENT-APPELLANT,

v

ABSOLUT CENTER FOR NURSING AND REHABILITATION AT ALLEGANY, LLC, ABSOLUT CENTER FOR NURSING AND REHABILITATION AT AURORA PARK, LLC, ABSOLUT CENTER FOR NURSING AND REHABILITATION AT DUNKIRK, LLC, ABSOLUT CENTER FOR NURSING AND REHABILITATION AT EDEN, LLC, ABSOLUT CENTER FOR NURSING AND REHABILITATION AT ENDICOTT, LLC, ABSOLUT CENTER FOR NURSING AND REHABILITATION AT GASPORT, LLC, ABSOLUT CENTER FOR NURSING AND REHABILITATION AT HOUGHTON, LLC, ABSOLUT CENTER FOR NURSING AND REHABILITATION AT ORCHARD PARK, LLC, ABSOLUT CENTER FOR NURSING AND REHABILITATION AT SALAMANCA, LLC, ABSOLUT CENTER FOR NURSING AND REHABILITATION AT THREE RIVERS, LLC, ABSOLUT CENTER FOR NURSING AND REHABILITATION AT WESTFIELD, LLC, ABSOLUT FACILITIES MANAGEMENT, LLC, ISRAEL SHERMAN, AND JOHN DOES 1-200, DEFENDANTS-APPELLANTS-RESPONDENTS.

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.

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.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: February 6, 2015

Frances E. Cafarell

Clerk of the Court