On February 10, 2023 a
LETTER / CORRESPONDENCE TO JUDGE (Motion #01) - Letter re Supplemental Authority - as per 22 NYCRR 202.8-c
was filed
involving a dispute between
The Estate Of Vivian Varney Aka Vivian Worrell
By Her Executrix, Lorie Jean Dickes,
and
Abc Corporation,
Abc Partnership,
Seneca Nursing And Rehabilitation Center, Llc,
for Torts - Other Professional Malpractice (Nursing Home Malpractice)
in the District Court of Cayuga County.
Preview
FILED: CAYUGA COUNTY CLERK 12/15/2023 10:46 AM INDEX NO. E2023-0104
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 12/15/2023
LAW OFFICES OF
Pullano & Farrow
PLLC
www.lawpf.com
Name: Mallory K. Smith, Esq.
Direct Dial: 585-730-4773 x126
Email: msmith@lawpf.com
December 15, 2023
VIA NYSCEF
Honorable Thomas G. Leone
Cayuga County Supreme Court
152 Genesee Street
Auburn, New York 13021
Re: The Estate of Vivian Varney v. Seneca Nursing and Rehab. Ctr.
Index No.: E2023-0104
Dear Judge Leone:
Our firm represents defendant Seneca Nursing and Rehabilitation Center, LLC
(“Defendant”) in the above-referenced matter. In accordance with Section 202.8-c of the Uniform
Civil Rules for the Supreme Court & the County Court, we write to advise the Court of recent
legal developments with respect to the substantive issues raised in Defendant’s motion to dismiss
(NYSCEF Mot. Seq. 001).
Attached for your consideration are the following authorities:
Exhibit A: Whitehead v. Pine Haven Operating LLC, No. 535767 (3d Dep’t Nov. 30, 2023)
Exhibit B: Mera v. New York City Health and Hosps. Corp., 220 A.D.3d 668 (2d Dep’t
2023)
Exhibit C: In re Covid-19 Litigation Against Nursing Homes, No. LCP 0001/2022
(Oct. 30, 2023)
Exhibit D: Brzozowiec v. Ellicott Ctr. for Rehab. and Nursing, No. 813492/2022 (Sup. Ct.,
Erie Cnty. Sept. 14, 2023)
Exhibit E: Lociero v. Park Ave. Op., LLC, No. 615904/2022 (Sup. Ct., Nassau Cnty.
Oct. 3, 2023)
Exhibit F: Wasserman v. Grand South Point, LLC, No. 612964/2022 (Sup. Ct., Nassau
Cnty. Oct. 13, 2023)
_______________________________________________________________________________________________________
401 Main Street • East Rochester • New York • 14445 • 585.730.4773 phone • 888.971.3736 fax
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FILED: CAYUGA COUNTY CLERK 12/15/2023 10:46 AM INDEX NO. E2023-0104
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 12/15/2023
Honorable Thomas G. Leone
December 15, 2023
Exhibit G: Gerber v. Forest View Center, No. 719071/2021 (Sup. Ct., Queens Cnty.
Nov. 3, 2023)
Exhibit H: Filippone v. White Oaks Rehab. and Nursing Ctr., No. 604501/2022 (Sup. Ct.,
Nassau Cnty. Nov. 22, 2023)
Exhibit I: Hepworth v. Our Lady of Consultation Nursing and Rehab. Care Ctr.,
No. 609067/2022 (Sup. Ct., Suffolk Cnty. Nov. 30, 2023)
Should Your Honor wish to receive supplemental briefing in this regard, we would be
happy to accommodate that request.
Thank you for your attention to this matter.
Respectfully submitted,
PULLANO & FARROW
Mallory K. Smith
Enclosures
cc (via NYSCEF): All Counsel
Law Offices of Pullano & Farrow PLLC
401 Main Street ● East Rochester ● New York ● 14445 ● 585.730.4773 phone ● 888.971.3736 fax
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Document Filed Date
December 15, 2023
Case Filing Date
February 10, 2023
Category
Torts - Other Professional Malpractice (Nursing Home Malpractice)
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