CONCOURSE REHABILITATION & NURSING CENTER, INC. v. NOVELLO, M.D.


45 A.D.3d 366 (2007)

846 N.Y.S.2d 25

CONCOURSE REHABILITATION & NURSING CENTER, INC., et al., Respondents-Appellants, v. ANTONIA C. NOVELLO, M.D., Individually and as Commissioner of the New York State Department of Health, Appellant-Respondent.

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

Decided November 15, 2007.


Dismissal of the claims advanced by plaintiffs insofar as they relate to defendants' audit of plaintiffs' PRIs from May of 1996 was warranted since the claims were time-barred. The challenges to defendants' controversion of certain quadriplegia cases on the basis that the diagnosis of quadriplegia was available only for those patients who had a spinal cord injury or disease should have been raised in a proceeding pursuant to CPLR article 78, and were subject to a four-month...

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