Ozone Acquisition, LLC v. McCarthy

128 A.D.3d 920, 8 N.Y.S.3d 576

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 20, 2015
• Docket: 2013-05544
• Status: Published

Opinion

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Marber, J.), dated March 29, 2013, as granted that branch the motion of the defendants Joseph McCarthy, as executor of the estate of Kathleen McCarthy, Patrick J. McCarthy, and Mary M. Dillon, and that branch of the separate motion of the defendants Thomas J. McCarthy and Christine L. McCarthy which were for summary judgment dismissing the complaint insofar as asserted against each of them, and denied that branch of its cross motion which was for summary judgment on the complaint.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff, Ozone Acquisition LLC, doing business as Central Island Healthcare, commenced this action, inter alia, to recover damages for breach of contract relating to unpaid skilled nursing services provided to Kathleen McCarthy, now deceased (hereinafter the decedent). The services were rendered during a period that the decedent was ineligible for Medicaid benefits, following the transfer of certain real property by the defendant Mary M. Dillon, as attorney-in-fact for the defendant Patrick J. McCarthy (hereinafter the decedent’s husband) to the defendants Thomas J. McCarthy, the nephew of the decedent’s husband, and Christine McCarthy, the nephew’s wife.