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Acevedo v. Atlantis Operating, LLC

Case Dismissed Until Plaintiff Receives Letters of Administration

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The following numbered papers were read on this motion: NYSCEF Document Numbers 10-18. ORDER Upon the foregoing papers, having heard oral argument, and due deliberation having been had thereon, It is hereby ORDERED as follows: The motion by Atlantis Operating LLC (“Defendant”) to dismiss the complaint of Julie Acevedo as proposed administratrix of the estate of Jose Acevedo pursuant to CPLR §3211 (a) (3) is GRANTED. During the time period of Dec. 19, 2021-Feb 7, 2021 (other documents note his stay from Dec. 9-Feb. 4 of 2021), Jose Acevedo was an inpatient resident of The Phoenix Rehabilitation and Nursing Center. This facility was supervised, maintained, and operated by Atlantic Operating, LLC during the relevant time period. During the decedent’s admission to the facility, he contracted SARS-Co V-2 and COVID-19, which led to his passing on Feb. 14, 2021. Plaintiff commenced an action for wrongful death and personal injury as Defendants did not provide proper infection prevention and control procedures. (See NYSCEF Doc No. 12,

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