Jewish Home & Hospital for Aged v. Wing

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Plaintiff The Jewish Home and Hospital for Aged (“Jewish Home”) brings the instant action against Defendant Brian J. Wing, Commissioner of the Department of Social Services (“defendant” or “DSS”), to enforce rights to Medicare reimbursement granted by this Court in a previous action, The Jewish Home and Hospital for Aged v. Wing, 954 F.Supp. 96 (S.D.N.Y.1997) (J. Sprizzo) (“Jewish Home I ”). For the reasons set forth herein, the Court grants both Jewish Home’s motion for summary judgment pursuant to Rule 56(c) of the Federal Rules of Civil…