Plaintiff failed to demonstrate that it was entitled to summary judgment against Ms. Montilla on its claim brought under a common-law theory of necessaries. Plaintiff, a nursing facility, did not establish any of the elements required to sustain the cause of action—namely, that it provided care to Ms. Montilla's husband, defendant Mateo Montilla, based on Ms Montilla's credit; that Ms. Montilla could afford to pay for his care; or that Mr. Montilla, the primary debtor...
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