Legal Opinion
New York State Health Facilities Ass'n v. Axelrod
Appellate Division of the Supreme Court of the State of New York
Decided February 22, 1990PublishedCited by 8 opinions
1Opinion of the Court
*12OPINION OF THE COURT
Yesawich, Jr., J.
Petitioners* are individual nursing homes, which participate in the Medicaid program, and the association which represents them. It is alleged that petitioners rent ,vtheir respective facilities pursuant to "arm’s length leases” entered into prior to March 10, 1975. These leases obligate petitioners to pay a base rent, and also to underwrite all real estate taxes, leasehold improvements, maintenance outlays and the cost of insurance premiums on the real property. Respondent developed a "maximum ceiling rental schedule” which limits reimbursement…
2Cases cited5 opinions
- Hamptons Hospital & Medical Center, Inc. v. MooreNew York Court of Appeals · 1981
- In re Sigety v. IngrahamNew York Court of Appeals · 1971
- MATTER OF LARSEN v. CanaryNew York Court of Appeals · 1985
- Samaritan Hospital v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1985
- Tenenbaum v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by8 opinions
- Schwartz v. CrossonAppellate Division of the Supreme Court of the State of New York · 1991
- Rego Park Nursing Home v. PeralesAppellate Division of the Supreme Court of the State of New York · 1994
- Daughters of Sarah Nursing Center, Inc. v. NovelloAppellate Division of the Supreme Court of the State of New York · 2010
- Community Healthcare Assoc. v. New York State Department of HealthDistrict Court, S.D. New York · 2013
- High Point Hospital v. SurlesAppellate Division of the Supreme Court of the State of New York · 1995
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