Legal Opinion

Baptist Health Nursing & Rehabilitation Center, Inc. v. Baxter

Appellate Division of the Supreme Court of the State of New York

Decided June 9, 2016Published

1Opinion of the CourtAarons, J.

Appeal from an order of the Supreme Court (Buchanan, J.), entered August 20, 2015 in Schenectady County, which, among other things, granted defendant’s motion to vacate a default judgment entered against her.

Plaintiff, a nursing-residential facility, commenced this action in October 2014, alleging that defendant made material misrepresentations on the admission application for Ruth Pitts, defendant’s mother, and that defendant failed to pay plaintiff for services rendered. After defendant failed to answer the complaint or otherwise appear, plaintiff moved for a default judgment, which motion…

2Cases cited13 opinions

  1. Abel v. CollinsAppellate Division of the Supreme Court of the State of New York · 2010
  2. Lucas v. United Helpers Cedars Nursing HomeAppellate Division of the Supreme Court of the State of New York · 1997
  3. Dodge v. CommanderAppellate Division of the Supreme Court of the State of New York · 2005
  4. Troy Nursing & Rehabilitation Center, LLC v. NaylorAppellate Division of the Supreme Court of the State of New York · 2012
  5. Winney v. County of SaratogaAppellate Division of the Supreme Court of the State of New York · 1998

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