Tomasello v. Choice Care Long Island

—In an action, inter alia, for a judgment declaring that the plaintiff Evan Tomasello was entitled to 24-hour-a-day in-home nursing care under a plan for comprehensive health services provided by the defendant, and to recover damages for failure to provide the nursing care, bad faith, and fraud, the plaintiffs appeal (1) from an order of the Supreme Court, Suffolk County (Gerard, J.), dated June 5, 1995, which denied their motion for renewal and reargument of a decision dated April 21, 1995, which, in effect, denied their prior motion for a preliminary injunction and, in effect, dismissed the…