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MATTER OF SCHWARTZBERG v. WHALEN

87 A.D.2d 665 (1982)

In the Matter of Albert Schwartzberg et al., Doing Business as Kings Harbor Care Center, et al., Respondents, v. Robert P. Whalen, as Commissioner of The Department of Health of the State of New York, Appellant, and Instlcorp, Inc., Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 4, 1982

The facts underlying the matter on appeal are as follows: petitioners Albert Schwartzberg and Sigmund Lefkovitz are the former operators of two health care facilities, the Kings Harbor Care Center and Kings Harbor Manor Facility. The real estate on which these facilities are located is owned by Nur-Hom Realty, Inc. (hereinafter Nur-Hom) and leased by the facilities. Intervenor Instlcorp, Inc., holds a mortgage on the real estate and, because of defaults in payments under...

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