Concourse Rehabilitation & Nursing Center, Inc. v. Novello

Order, Supreme Court, Bronx County (George D. Salerno, J.), entered July 20, 2009, which denied defendants’ motion for summary judgment dismissing the complaint and granted plaintiffs cross motion for summary judgment declaring that the penalties imposed against it are unconstitutional only to the extent of declaring that plaintiff is entitled to have 50% of the subject interest and penalties waived, unanimously modified, on the law, defendants’ motion granted and the declaration sought by the cross motion vacated, and otherwise affirmed, without costs. The Clerk is directed to enter judgment…