Legal Opinion

Executive Nurses Home Care, Inc. v. DeMarco

Nassau County District Court

Decided October 7, 2003Published

1Opinion of the Court

OPINION OF THE COURT

Kenneth L. Gartner, J.

*227The plaintiff, a licensed New York provider of home health aide services, has brought the instant action against the son of one of its former patients, who was also allegedly the patient’s guarantor, to recover fees allegedly due but unpaid by the patient.

The plaintiff now moves for summary judgment pursuant to CPLR 3212.

The defendant has submitted in opposition solely an unsworn letter, written by him, personally. The letter asserts that he did not guarantee payment to the plaintiff, that the signature on the document advanced by the plaintiff…

2Cases cited5 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Phillips v. Joseph Kantor & Co.New York Court of Appeals · 1972
  3. Yi v. JNJ Supply Corp.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Guzman v. Strab Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  5. Ratut v. SinghCivil Court of the City of New York · 2000

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