Holliswood Care Center v. Whalen

Appeal from a judgment of the Supreme Court at Special Term (Doran, J.), entered September 23, 1980 in Albany County, which, inter alia, granted plaintiff’s motion for summary judgment. Plaintiff is a licensed residential health care facility participating in the Medicaid program, a joint Federal-State grant-in-aid program established pursuant to subchapter 19 of the Federal Social Security Act (US Code, tit 42, § 1396 et seq.). Plaintiff leases its facility from Sagamore Associates, an organization in which the three owners of plaintiff each hold a 3% interest. Claiming that it was…