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COUNTY OF WARREN v. SWAN

532196.

203 A.D.3d 1504 (2022)

166 N.Y.S.3d 318

2022 NY Slip Op 02169

County of Warren, on Behalf of Westmount Health Facility, Appellant, v. Michael R. Swan, as Administrator of the Estate of Joseph Garry Jr., Deceased, Defendant, and Jeffrey Garry, Respondent. (Action No. 1.) County of Warren, on Behalf of Westmount Health Facility, Appellant, v. Estate of Joseph Garry Jr., Deceased, Defendant, and Jeffrey Garry et al., Respondents. (Action No. 2.).

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

Decided March 31, 2022.

Attorney(s) appearing for the Case

The Clements Firm, Glens Falls ( Thomas G. Clements of counsel), for appellant.

The Baynes Law Firm, PLLC, Ravena ( Brendan F. Baynes of counsel), for respondents.

Egan Jr., J.P., Clark, Aarons and Reynolds Fitzgerald, JJ., concur.

Plaintiff commenced these actions on behalf of Westmount Health Facility, a nursing facility, to recover a balance allegedly due for services rendered to Joseph Garry Jr. (hereinafter decedent). Upon decedent's admission to Westmount on April 6, 2009, decedent's son, defendant Jeffrey Garry, executed a "responsible party agreement" with...

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