Brentwood Nursing Home, Inc. v. Goldstein

Procedurally this came before us on a petition to establish a report of the defendant. It has been ágreed that the petition may be allowed and we proceed to the merits, the case having been fully briefed and argued.

The complaint is in contract for services rendered by plaintiff nursing home to defendant’s late husband and in tort for attorney’s fees (incurred in a probate court proceeding in which plaintiffs officers sought to have a conservator appointed of the estate of defendant’s husband) on a misrepresentation theory.

The contract portion of the claim was paid in full by defendant leaving…