CONCOURSE REHABILITATION & NURSING CTR., INC. v. SHAH

6696. 305755/12.

161 A.D.3d 669 (2018)

78 N.Y.S.3d 60

2018 NY Slip Op 03808

Concourse Rehabilitation & Nursing Center, Inc., Appellant, v. Nirav R. Shah et al., Respondents.

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

Decided May 29, 2018.


Plaintiff Concourse Rehabilitation & Nursing Center, Inc. operates a 240-bed residential health care facility in the Bronx, which derives over 80% of its income from services rendered to Medicaid-eligible patients. In July 2012, plaintiff commenced this action seeking a declaratory judgment and asserting a 42 USC § 1983 claim to annul an audit performed by defendant the Office of the Medicaid Inspector General (OMIG), an independent office of defendant New York State...

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