SIGNATURE HEALTH v. STATE

111043.

28 Misc.3d 543 (2010)

902 N.Y.S.2d 893

SIGNATURE HEALTH CENTER, LLC, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 111043.)

Court of Claims.

Decided May 20, 2010.


Attorney(s) appearing for the Case

Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, LLC ( David M. Barshay and Douglas H. Sanders of counsel), for claimant.

Andrew M. Cuomo , Attorney General ( Michael C. Rizzo of counsel), for defendant.


OPINION OF THE COURT

JUDITH A. HARD, J.

Procedural Background

In February 2009, this court granted claimant's motion for summary judgment on the issue of liability, holding that a 2003 Supreme Court decision collaterally estopped the State from relitigating the issue of whether there had been ministerial neglect (Signature Health Ctr., LLC v State of New York, 23 Misc.3d 1103[A], 2009 NY Slip Op 50559[U] [Ct Cl 2009]). Implicit in this...

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