COLD SPRING HILLS CENTER FOR NURSING AND REHABILITATION, plf. v. JOHN TIMOTHY RICE, AS ADMINISTRATOR OF THE ESTATE OF JOHN JOSEPH RICE, TIMOTHY RICE, INDIVIDUALLY, AND ELIZABETH RICE, def.

COLD SPRING HILLS CENTER FOR NURSING AND REHABILITATION, plf. v. JOHN TIMOTHY RICE, AS ADMINISTRATOR OF THE ESTATE OF JOHN JOSEPH RICE, TIMOTHY RICE, INDIVIDUALLY, AND ELIZABETH RICE, def. (3692A/09/A) — In this contested miscellaneous proceeding, plaintiff has moved the court, pursuant to CPLR 3212 for an order granting summary judgment. Defandants have cross moved for summary judgment. For the reasons set forth below the plaintiff's motion for summary judgment is granted in part and denied in part and defendant's motion for summary judgment is granted.

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COLD SPRING HILLS CENTER FOR NURSING AND REHABILITATION, plf. v. JOHN TIMOTHY RICE, AS ADMINISTRATOR OF THE ESTATE OF JOHN JOSEPH RICE, TIMOTHY RICE, INDIVIDUALLY, AND ELIZABETH RICE, def. (3692A/09/A) — In this contested miscellaneous proceeding, plaintiff has moved the court, pursuant to CPLR 3212 for an order granting summary judgment. Defandants have cross moved for summary judgment. For the reasons set forth below the plaintiff’s motion for summary judgment is granted in part and denied in part and defendant’s motion for summary judgment is granted.

This proceeding was transferred to this court by order of the Supreme Court, Nassau County on June 30, 2011. In the proceeding, plaintiff, a nursing home, seeks judgement in the amount of $78,906.17, with interest against the administrator of decedent’s estate, as well as from decedent’s spouse, individually. Plaintiff had originally sought judgment against Timothy Rice, the administrator of decedent’s estate, individually, but the parties, by stipulation filed with this court on October 10, 2012, discontinued the action as against Timothy Rice individually.

COLD SPRING HILLS CENTER FOR NURSING AND REHABILITATION, plf. v. JOHN TIMOTHY RICE, AS ADMINISTRATOR OF THE ESTATE OF JOHN JOSEPH RICE, TIMOTHY RICE, INDIVIDUALLY, AND ELIZABETH RICE, def.

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