MANCUSO v. KALEIDA HEALTH (2019)

Court of Appeals of New York.

Daniel MANCUSO, as Executor of the Estate of Rose M. Kij, Deceased, Respondent, v. KALEIDA HEALTH, Doing Business as Millard Fillmore Gates Hospital, Appellant.

No. 117 SSM 22

Decided: December 17, 2019

Gibson, McAskill & Crosby, LLP, Buffalo (Kathleen M. Sweet and Michael J. Willett of counsel), for appellant. Brown Chiari LLP, Buffalo (Michael C. Scinta of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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.

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