Oriska Ins. Co. v. Avalon Gardens Rehabilitation & Health Care Ctr., LLC

203 A.D.3d 1590, 161 N.Y.S.3d 870, 2022 NY Slip Op 01684

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 11, 2022
• Docket: 269 CA 21-00689
• Status: Published

Opinion

Oriska Ins. Co. v Avalon Gardens Rehabilitation & Health Care Ctr., LLC (2022 NY Slip Op 01684)

Oriska Ins. Co. v Avalon Gardens Rehabilitation & Health Care Ctr., LLC

2022 NY Slip Op 01684

Decided on March 11, 2022

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 March 11, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, NEMOYER, AND CURRAN, JJ.

269 CA 21-00689

[*1]ORISKA INSURANCE COMPANY, PLAINTIFF-APPELLANT,

v

AVALON GARDENS REHABILITATION & HEALTH CARE CENTER, LLC, DOING BUSINESS AS BROOKSIDE MULTICARE NURSING CENTER, AND SENTOSACARE, LLC, DEFENDANTS-RESPONDENTS. (AND 24 OTHER ACTIONS).

HITZKE & FERRAN, LLP, NEW YORK CITY (FRANK POLICELLI OF COUNSEL), FOR PLAINTIFF-APPELLANT.

LIPSIUS BENHAIM LAW, LLP, KEW GARDENS (IRA S. LIPSIUS OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Oneida County (Patrick F. MacRae, J.), entered October 27, 2020. The order, among other things, denied plaintiff's motion for leave to renew its opposition to defendants' prior motion for summary judgment.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: March 11, 2022

Ann Dillon Flynn

Clerk of the Court