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NIAGARA MOHAWK v. SALERNO

20 A.D.3d 142 (2005)

797 N.Y.S.2d 663

NIAGARA MOHAWK POWER CORPORATION, Respondent, v. ANTHONY SALERNO, Appellant.

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

June 10, 2005.

Attorney(s) appearing for the Case

Harter, Secrest & Emery LLP, Rochester (Jerauld E. Brydges of counsel), for defendant-appellant.

Hiscock & Barclay, LLP, Syracuse (Robert B. Liddell of counsel), for plaintiff-respondent.

O'Connell and Aronowitz, Albany (Jane Bello Burke of counsel), for New York State Health Facilities Association, Inc., amicus curiae.

HURLBUTT, J.P., KEHOE, GORSKI and HAYES, JJ., concur.

OPINION OF THE COURT

SCUDDER, J.

Plaintiff commenced this action seeking damages from defendant based upon a residential health care facility's nonpayment of fees for utility services. The primary issue before us on this appeal is whether defendant, the president and sole shareholder of two companies, one of which is the receiver for the residential health care facility and the other of which owns the real...

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