Legal Opinion
Flemming v. Barnwell Nursing Home & Health Facilities, Inc.
New York Court of Appeals
Decided October 21, 2010No. 149PublishedCited by 28 opinions
1Opinion of the Court
*378OPINION OF THE COURT
Pigott, J.
On this appeal, we are asked to consider whether New York law permits an award of counsel fees and expenses to an object-ant in a class action. We hold that it does not.
This class action lawsuit was brought on behalf of 242 individuals, who were residents at defendant Barnwell Nursing Home and Health Facilities, Inc. at any time from January 1, 1999 through January 31, 2000. The class claim, brought pursuant to Public Health Law § 2801-d, alleged that the nursing home failed to comply with state-imposed standards of patient care.
After nearly six years of…
2Cases cited3 opinions
- Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
- Woodrow v. Colt Industries Inc.New York Court of Appeals · 1991
- Matter of LoomisNew York Court of Appeals · 1937
3Cited by28 opinions
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- Casamento v. JuareguiAppellate Division of the Supreme Court of the State of New York · 2011
- DKR Mortgage Asset Trust 1 v. RiveraAppellate Division of the Supreme Court of the State of New York · 2015
- Freebird, Inc. v. Cimarex Energy Co.Court of Appeals of Kansas · 2011
- Matakov v. Kel-Tech Construction Inc.Appellate Division of the Supreme Court of the State of New York · 2011
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