Guardian Elder Care at Brockway LLC v. WRC Highland View Health Care

FORADORA, J.,

Introduction

In its motion for partial summary judgment, the plaintiff (“guardian”) asks the court to strike paragraphs 326 and 327 of the defendant’s (“WRC”) answer and new matter. Those paragraphs, it contends, assert impermissible defenses against its contract-based claims.

In support of its motion, guardian submitted a record that included copies of the complaint and answer; a copy of the contract at issue; transcript excerpts, and various other documents. Both parties submitted briefs, and the court entertained oral arguments on April 23, 2012.

Factual History

On May 21, 2007,…