Grace Plaza of Great Neck, Inc., Appellant-Respondent,
v.
Murray Elbaum, Respondent-Appellant
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
September 21, 1992
September 21, 1992
Attorney(s) appearing for the Case
Proskauer Rose Goetz & Mendelsohn, New York (Steven E. Obus, Larry M. Lavinsky, Betsy A. Rosen and Bruce E. Loren of counsel), for appellant-respondent.
Joseph D. Pope, New York, for respondent-appellant.
James Bopp, Jr., Thomas J. Marzen and Deborah Hall Gardner, Indianapolis, for Counsel for the Ethics and Advocacy Task Force of the Nursing Home Action Group, amicus curiae.
Susan C. Waltman, New York, for Greater New York Hospital Association, amicus curiae.
M. Rose Gasner, New York, for Society for the Right to Die, Inc., and Fennella Rouse, New York, for Concern for Dying, amici curiae. (One brief filed.)
Meyer, Suozzi, English & Klein, P. C., Mineola (Michael A. Ciaffa and David A. Smith of counsel), for Coalition of Institutionalized Aged and Disabled, Inc., and others, amici curiae. (One brief filed.)
Melinda Aikins Bass, White Plains, for Nassau County Health Facilities Association, amicus curiae.
O'Connell & Aronowitz, Albany (Cornelius D. Murray, Sarah W. Birn and David M. Cherubin of counsel), for New York State Health Facilities Association, Inc., amicus curiae.
MANGANO, P. J., and LAWRENCE, J., concur with BRACKEN, J.; ROSENBLATT, J., dissents in a separate opinion.
Appellate Division of the Supreme Court of the State of New York, Second Department.
BRACKEN, J.
The Supreme Court held that a health care facility which provides life-saving medical treatment to an incompetent patient in accordance with the orders of the patient's attending physician, but over the objections of the patient's conservator, forfeits the fees to which it would otherwise be entitled as a matter of contract, at least where the conservator in question claims to know what the patient...
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