Niagara Mohawk Power Corp. v. Salerno

OPINION OF THE COURT

Scudder, J.

Plaintiff commenced this action seeking damages from defendant based upon a residential health care facility’s nonpayment of fees for utility services. The primary issue before us on this appeal is whether defendant, the president and sole shareholder of two companies, one of which is the receiver for the residential health care facility and the other of which owns the real property on which the residential health care facility is located, may be liable for the nonpayment of those fees as a “controlling person” within the meaning of Public Health Law § 2808-a…