Appellate Division of the Supreme Court of the State of New York December 4, 1997 (State v. Hollander)

Spain, J.

Appeal from an order of the Supreme Court (Kahn, J.), entered July 23, 1996 in Albany County, which granted defendants’ motion for summary judgment dismissing the complaint at the close of plaintiffs case.

The facts in this matter are not in dispute. At all times relevant herein, defendants* operated four nursing homes in New York.