NURSING HOME CORP. v. AXELROD


135 A.D.2d 331 (1988)

In the Matter of Amsterdam Nursing Home Corporation, Respondent, v. David Axelrod, as Commissioner of The New York State Department of Health, et al., Appellants

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

March 3, 1988


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Clifford A. Royael of counsel), for appellants.

Cadwalader, Wickersham & Taft (Peter G. Bergmann of counsel), for respondent.

MAHONEY, P. J., WEISS, HARVEY and MERCURE, JJ., concur.


LEVINE, J.

Petitioner was incorporated as a not-for-profit corporation in 1971 for the purpose of obtaining mortgage financing through Public Health Law article 28-A (Public Health Law § 2850 et seq.) from the State Medical Care Facilities Finance Agency (hereinafter MCFFA) for the construction of a nursing home in New York City. In 1974, petitioner and MCFFA entered into a loan agreement for such...

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