Mancuso v Kaleida Health

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Mancuso v Kaleida Health 2019 NY Slip Op 08981 Decided on December 17, 2019 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 17, 2019
No. 117 SSM 22

[*1]Daniel Mancuso, & c., Respondent,

v

Kaleida Health, & c., Appellant.



Submitted by Kathleen M. Sweet, for appellant.

Submitted by Michael C. Scinta, for respondent.



On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs. In the circumstances of this case, Supreme Court did not err or abuse its discretion by precluding defendant from asserting a CPLR article 16 defense. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

Decided December 17, 2019



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