Mancuso v Kaleida Health, 34 NY3d 1020 (2019)

2019 NY Slip Op 08981 [34 NY3d 1020]
December 17, 2019
Court of Appeals

[*1]

Daniel Mancuso, as Executor of the Estate of Rose M. Kij, Deceased, Respondent,
v
Kaleida Health, Doing Business as Millard Fillmore Gates Hospital, Appellant.

Decided December 17, 2019

Mancuso v Kaleida Health, 172 AD3d 1931, affirmed.

{**34 NY3d at 1020} 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.

Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman.