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HEMPSTEAD PARK ASSOCIATES, LLC. v. SUNSHINE CARE CORP.

23 A.D.3d 234 (2005)

804 N.Y.S.2d 71

HEMPSTEAD PARK ASSOCIATES, LLC, Respondent, v. SUNSHINE CARE CORP., Appellant.

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

November 15, 2005.

On September 21, 2001, the parties entered into an agreement for the purchase by plaintiff of a nursing home and related assets owned by defendant. Plaintiff made a down payment to defendant of $500,000 on the total purchase price of $7,576,000. Pursuant to the agreement, plaintiff was to apply to the New York State Department of Health for establishment and licensure as the new operator of the nursing home, and authorization by the Department of Health of such establishment...

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