Legal Opinion
Sunrest Nursing Home, Inc. v. Whalen
Appellate Division of the Supreme Court of the State of New York
Decided February 23, 1984PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Casey, J.
Special Term properly dismissed the complaint, although we reach this conclusion for reasons which differ, in part, from those relied upon by Special Term.
Plaintiff was the operator of a 100-bed skilled nursing home facility for some years prior to 1973, when it sought and received Department of Health approval to operate a *207100-bed health-related facility adjacent to its existing facility. The new facility was opened in two stages, with the department approving occupancy of the first 34 beds on February 7, 1975 and the remaining 66 beds on March 20, 1975. For…
2Cases cited4 opinions
- Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
- Solnick v. WhalenNew York Court of Appeals · 1980
- Holliswood Care Center v. WhalenNew York Court of Appeals · 1983
- Holliswood Care Center v. WhalenAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by4 opinions
- Group Health Inc. v. Blue Cross Ass'nDistrict Court, S.D. New York · 1985
- Halpin v. PeralesAppellate Division of the Supreme Court of the State of New York · 1994
- Saint Mary's Hospital v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1985
- Eastman Dental Center v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1987