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VDRNC, LLC v. MERRICK

153 CA 20-00503.

191 A.D.3d 1430 (2021)

138 N.Y.S.3d 428

2021 NY Slip Op 00945

VDRNC, LLC, Doing Business as Van Duyn Center for Rehabilitation and Nursing, Appellant, v. Sarah G. Merrick, as Commissioner of Onondaga County Department of Social Services, Respondent.

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

Decided February 11, 2021.

Attorney(s) appearing for the Case

HINMAN, HOWARD & KATTELL, LLP, BINGHAMTON ( COREY R. BARKLOW OF COUNSEL), FOR PLAINTIFF-APPELLANT.

MORGAN R. THURSTON , SYRACUSE, FOR DEFENDANT-RESPONDENT.

Present—Centra, J.P., Lindley, Curran, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, and the complaint is reinstated.

Memorandum: Plaintiff, a domestic corporation that operates a skilled nursing facility, commenced this action seeking a declaratory judgment or money damages for expenses it allegedly incurred in providing care for one of its residents after the resident was determined...

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