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Park Ridge Hospital, Inc. v. Richardson

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1991
175 A.D.2d 631 (N.Y. App. Div. 1991)

Opinion

July 12, 1991

Appeal from the Supreme Court, Monroe County, Patlow, J.

Present — Boomer, J.P., Pine, Balio, Lawton and Davis, JJ.


Order and judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: Supreme Court properly denied defendant's motion to dismiss the complaint. It is well established that a hospital may bring a plenary action in its own right against the agency designated to declare Medicaid eligibility (see, Community-General Hosp. v Stone, 139 A.D.2d 948, lv dismissed 72 N.Y.2d 909; Long Beach Mem. Nursing Home v D'Elia, 108 A.D.2d 901, 902; Calvary Hosp. v D'Elia, 95 A.D.2d 817; Matter of North Shore Univ. Hosp. v D'Elia, 71 A.D.2d 991, 992, lv denied 48 N.Y.2d 604).

Supreme Court erred, however, in granting plaintiff's cross motion for summary judgment. The cross motion was premature since issue had not been joined (see, CPLR 3212 [a]; City of Rochester v Chiarella, 65 N.Y.2d 92, 101; Fargo v Watertown Educ. Assn., 175 A.D.2d 633 [decided herewith]) and, in any event, the papers submitted in support of the cross motion were insufficient to establish plaintiff's entitlement to judgment in its favor as a matter of law (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562; Matter of Badenhausen v New York State Dept. of Social Servs., 151 A.D.2d 913, 914; cf., Community-General Hosp. v Stone, supra). We are unable to conclude that the elderly patients to whom plaintiff provided hospital services were, as a matter of law, eligible for Medicaid benefits.


Summaries of

Park Ridge Hospital, Inc. v. Richardson

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1991
175 A.D.2d 631 (N.Y. App. Div. 1991)
Case details for

Park Ridge Hospital, Inc. v. Richardson

Case Details

Full title:PARK RIDGE HOSPITAL, INC., Respondent, v. W. BURTON RICHARDSON, as…

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

Date published: Jul 12, 1991

Citations

175 A.D.2d 631 (N.Y. App. Div. 1991)
572 N.Y.S.2d 565

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