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MANAHAWKIN CONVALESCENT v. O'NEILL

A-17 September Term 2012, 071033

85 A.3d 947 (2014)

217 N.J. 99

MANAHAWKIN CONVALESCENT, Plaintiff, v. Frances O'NEILL, Defendant, and Frances O'Neill in her capacity as Executrix of the Estate of Elise Hopkins, Third-Party Plaintiff-Appellant, v. Broadway Health Care Management, LLC; M & A/Comprehensive Health Care Management Systems, LLC; M.R. of Manahawkin, LLC; and H.W. of Manahawkin, LLC d/b/a Manahawkin Convalescent Center, Third-Party Defendants-Respondents.

Supreme Court of New Jersey.

Decided March 11, 2014.

Attorney(s) appearing for the Case

Sander D. Friedman argued the cause for appellant (Sander D. Friedman, attorney; Mr. Friedman and Wesley G. Hanna, II , on the briefs).

Walter F. Kawalec, III , argued the cause for respondents (Marshall, Dennehey, Warner, Coleman & Goggin, attorneys; Tracy L. Burnley , Cherry Hill, on the briefs).

David G. McMillin argued the cause for amicus curiae Legal Services of New Jersey ( Melville D. Miller, Jr. , President, attorney; Mr. McMillin, Mr. Miller, and Gwen E. Orlowski , on the brief).

Justice PATTERSON delivered the opinion of the Court.

This appeal concerns a dispute between a nursing home and the daughter of one of its residents, arising from the nursing home's attempt to collect a claimed unpaid balance following the resident's death. The case requires the Court to determine whether the parties' contract, which imposed obligations on the daughter as a "Responsible Party," violated the Nursing Home Act...

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