Preview
FILED: NEW YORK COUNTY CLERK 12/31/2019 11:05 AM INDEX NO. 162586/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------X
MARY MANNING WALSH NURSING HOME,
Index No.:
Plaintiff,
SUMMONS
-against-
The basis of venue
is where defendant resides
EDMUND ENNIS,
Defendant.
-----------------------------------------------------------X
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED TO ANSWER THE COMPLAINT IN THIS
ACTION AND TO SERVE A COPY OF YOUR ANSWER ON PLAINTIFF'S
ATTORNEYS. IF THIS SUMMONS IS SERVED BY ITS DELIVERY TO YOU
PERSONALLY WITHIN THE COUNTY SHOWN ABOVE, YOU MUST ANSWER
WITHIN TWENTY (20) DAYS AFTER SUCH SERVICE; OR IF THIS SUMMONS IS
SERVED BY DELIVERY TO ANY PERSON OTHER THAN YOU PERSONALLY OR
IS SERVED OUTSIDE THE COUNTY SHOWN ABOVE, OR BY PUBLICATION, OR
BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE
COUNTY SHOWN ABOVE, YOU ARE ALLOWED FORTY (40) DAYS AFTER THE
PROOF OF SERVICE THEREOF IS FILED WITH THE CLERK OF THIS COURT TO
ANSWER. UPON YOUR FAILURE TO ANSWER, JUDGMENT WILL BE TAKEN
AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT, TOGETHER
WITH COSTS OF THIS ACTION.
DATED: NEW YORK, NEW YORK
December 30, 2019
LAW OFFICES OF
SCHWARTZ SLADKUS REICH
GR~_/2,TLASLLP
By: ~~
Brett D. Nussbaum
ATTORNEYS FOR PLAINTIFF
444 MADISON A VENUE
NEW YORK, NEW YORK 10022
(212) 743-7000
2263515
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FILED: NEW YORK COUNTY CLERK 12/31/2019 11:05 AM INDEX NO. 162586/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
TO: Edmund Ennis
251 West 92nd Street -Apt. l0A
New York, New York 10025
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FILED: NEW YORK COUNTY CLERK 12/31/2019 11:05 AM INDEX NO. 162586/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------X
MARY MANNING WALSH NURSING HOME,
Index No.:
Plaintifl;
VERIFIED COMPLAINT
-against-
EDMUND ENNIS,
Defendant.
-----------------------------------------------------------X
Plaintiff, by its attorneys, Schwartz Sladkus Reich Greenberg Atlas LLP
complaining of the defendant, respectfully alleges as follows:
AS AND FOR A FIRST CAUSE OF ACTION
AGAINST EDMUND ENNIS
I. Upon information and belief and that alltimes herein after mentioned, the
above named nursing home is a corporation duly organized and existing under and by
virtue of the laws of the State of New York.
2. Upon information and belief, that all times hereinafter mentioned, said
facility was duly authorized to establish and maintain a residential health care facility to
furnish skilled nursing care and render other health care services to patients requiring such
services.
3. Upon information and belief, at the express or implied request of Edmund
Ennis, plaintiff rendered nursing home services as set forth in the statement herein.
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FILED: NEW YORK COUNTY CLERK 12/31/2019 11:05 AM INDEX NO. 162586/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
STATEMENT
4. Name of resident: Edmund Ennis
Dates of Treatment/Services: 3/28/19-9/12/19
Amount Due: $II 0,640.92
Interest thereon from: July 5, 2019
5. Upon information and belief, the fair and reasonable value and agreed price
for such services and supplies as set forth in the aforementioned statement remain unpaid
by defendant despite demand for same having been made.
6. Based on the aforementioned, the defendant is indebted to the plaintiff in
the sum of$ I I 0,640.92 as indicated in the prior statement together with interest at the legal
rate thereon from the date noted on such statement, no part of which has been paid although
duly demanded.
AS AND FOR A SECOND CAUSE OF ACTION AGAINST EDMUND ENNIS
7. Plaintiff repeats and reiterates the allegations contained in paragraphs I
through 6.
8. That a statement of account has previously been forwarded to defendant
Edmund Ennis. A copy of said statement of account is annexed hereto.
WHEREFORE, plaintiff demands judgment against the defendant for the sum of
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FILED: NEW YORK COUNTY CLERK 12/31/2019 11:05 AM INDEX NO. 162586/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
$110,640.92 together with interest, costs and disbursements of this action.
Dated: New York, New York
December 30, 2019
Schwmtz Sladkus Reich
Greenberg Atlas LLP
By:.-""---------~
Brett D. Nussbaum
Attorney's for Plaintiff
444 Madison Avenue
New York, New York 10022
(212) 743-7000
2263515
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FILED: NEW YORK COUNTY CLERK 12/31/2019 11:05 AM INDEX NO. 162586/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
VERIFICATION
THE UNDERSIGNED, AN ATTORNEY DULY ADMITTED TO PRACTICE
BEFORE THE COURTS OF THE STATE OF NEW YORK, AFFIRMS THE
FOLLOWING UNDER PENALTIES OF PERJURY:
1. I AM A MEMBER OF THE FIRM OF SCHWARTZ SLADKUS REICH
GREENBERG ATLAS LLP, ATTORNEYS FOR THE PLAINTIFF.
2. I HAVE READ THE FOREGOING COMPLAINT AND KNOW THE
CONTENTS THEREOF.
3. TO MY KNOWLEDGE, THE CONTENTS OF THE COMPLAINT ARE
TRUE EXCEPT TO THOSE MATTERS ALLEGED ON INFORMATION AND
BELIEF, AND AS TO THESE MATTERS I BELIEVE THEM TO BE TRUE.
4. THE GROUNDS OF MY BELIEF AS TO ALL MATIERS NOT STATED
UPON MY KNOWLEDGE ARE REVIEW OF DOCUMENTS AND RECORDS IN
POSSESSION OF PLAINTIFF, AND CONVERSATIONS AND COMMUNICATIONS
WITH EMPLOYEES, AGENTS AND SERVANTS OF PLAINTIFF.
5. THE REASON I MAKE THIS AFFIRMATION INSTEAD OF PLAINTIFF
IS THAT PLAINTIFF IS NOT IN THE COUNTY IN WHICH ITS ATTORNEYS HAVE
THEIR OFFICE, OR IN THE EVENT PLAINTIFF IS IN THE
COUNTY IN WHICH ITS ATTORNEYS HAVE THEIR OFFICE, THAT IAM FULLY
FAMILIAR WITH THE FACTS AND CIRCUMSTANCES HEREIN.
Dated: New York, New York
December 30, 2019
~,__fl___-~
BRETT D. NUSSBAUM
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
MARY MANNING WALSH HOME
1339 YORK AVENUE
NEW YORK, NY 10021
Statement Date: 9/16/2019
EDMUND F ENNIS Payment Due By: 9/26/2019
1339 YORK AVENUE
NEW YORK, NY 10021 Resident Name Ennis, Edmund F
Admit Date 2/21/2019
Discharge Date 9/13/2019
Amount Due $110,640.92
. • • BIii Dates
·· - r- ·0ays ... :..'. .
.
.
.:·~~.
--From To · BHled Rate ' . DesCriptlon Charil<>• Payment Balance --_-___,
3/28/2019 3/31/2019 4 $613.00 Private Room & Board $2,452.00 $2,452.00
.
3/28/2019 3/31/2019 4 $41.68 Bed Tax $166.72 $2,618.72
4/1/2019 4/30/2019 30 $613.00 Private Room & Board $18,390.00 $21,008.72
4/1/2019 4/30/2019 30 $41.68 Bed Tax $1,250.40 $22,259.12
511/2019 5/31/2019 31 $613.00 Private Room & Board $19,003.00 $41,262.12
5/1/2019 5/31/2019 31 $41.68 Bed Tax $1,292.08 $42,554.20
6/1/2019 6/30/2019 30 $613.00 Private Room & Board $18,390.00 $60,944.20
6/1/2019 6/30/2019 30 $41.68 Bed Tax $1,250.40 $62,194.60
7/1/2019 7/31/2019 31 $613.00 Private Room & Board $19,003.00 $81,197.60
7/1/2019 7/31/2019 31 $41.68 Bed Tax $1,292.08 $82,489.68
8/1/2019 8/31/2019 31 $613.00 Private Room & Board $19,003.00 $101,492.68
811/2019 8/31/2019 31 $41.68 Bed Tax $1,292.08 $102,784.76
9/1/2019 9/12/2019 12 $613.00 Private Room & Board $7,356.00 $110,140.76
9/1/2019 9/12/2019 12 $41.68 Bed Tax $500.16 $110,640.92
TOTAL CHARGE & PAYMENTS $110,640.92 $0.00
TOTAL DUE $110,640.92
Questions: Please Call Kelly Bresler 888-519-9067
Please Make Checks Payable To: Mary Manning Walsh Home
Please Mall Checks To: C/O Archcare, 205 Lexington Avenue, Second Floor, New York, NY 10016
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Preview
FILED: NEW YORK COUNTY CLERK 12/31/2019 11:05 AM INDEX NO. 162586/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------X MARY MANNING WALSH NURSING HOME, Index No.: Plaintiff, SUMMONS -against- The basis of venue is where defendant resides EDMUND ENNIS, Defendant. -----------------------------------------------------------X TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED TO ANSWER THE COMPLAINT IN THIS ACTION AND TO SERVE A COPY OF YOUR ANSWER ON PLAINTIFF'S ATTORNEYS. IF THIS SUMMONS IS SERVED BY ITS DELIVERY TO YOU PERSONALLY WITHIN THE COUNTY SHOWN ABOVE, YOU MUST ANSWER WITHIN TWENTY (20) DAYS AFTER SUCH SERVICE; OR IF THIS SUMMONS IS SERVED BY DELIVERY TO ANY PERSON OTHER THAN YOU PERSONALLY OR IS SERVED OUTSIDE THE COUNTY SHOWN ABOVE, OR BY PUBLICATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE COUNTY SHOWN ABOVE, YOU ARE ALLOWED FORTY (40) DAYS AFTER THE PROOF OF SERVICE THEREOF IS FILED WITH THE CLERK OF THIS COURT TO ANSWER. UPON YOUR FAILURE TO ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT, TOGETHER WITH COSTS OF THIS ACTION. DATED: NEW YORK, NEW YORK December 30, 2019 LAW OFFICES OF SCHWARTZ SLADKUS REICH GR~_/2,TLASLLP By: ~~ Brett D. Nussbaum ATTORNEYS FOR PLAINTIFF 444 MADISON A VENUE NEW YORK, NEW YORK 10022 (212) 743-7000 2263515 1 of 7 FILED: NEW YORK COUNTY CLERK 12/31/2019 11:05 AM INDEX NO. 162586/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 TO: Edmund Ennis 251 West 92nd Street -Apt. l0A New York, New York 10025 2263515 2 of 7 FILED: NEW YORK COUNTY CLERK 12/31/2019 11:05 AM INDEX NO. 162586/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------X MARY MANNING WALSH NURSING HOME, Index No.: Plaintifl; VERIFIED COMPLAINT -against- EDMUND ENNIS, Defendant. -----------------------------------------------------------X Plaintiff, by its attorneys, Schwartz Sladkus Reich Greenberg Atlas LLP complaining of the defendant, respectfully alleges as follows: AS AND FOR A FIRST CAUSE OF ACTION AGAINST EDMUND ENNIS I. Upon information and belief and that alltimes herein after mentioned, the above named nursing home is a corporation duly organized and existing under and by virtue of the laws of the State of New York. 2. Upon information and belief, that all times hereinafter mentioned, said facility was duly authorized to establish and maintain a residential health care facility to furnish skilled nursing care and render other health care services to patients requiring such services. 3. Upon information and belief, at the express or implied request of Edmund Ennis, plaintiff rendered nursing home services as set forth in the statement herein. 2263515 3 of 7 FILED: NEW YORK COUNTY CLERK 12/31/2019 11:05 AM INDEX NO. 162586/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 STATEMENT 4. Name of resident: Edmund Ennis Dates of Treatment/Services: 3/28/19-9/12/19 Amount Due: $II 0,640.92 Interest thereon from: July 5, 2019 5. Upon information and belief, the fair and reasonable value and agreed price for such services and supplies as set forth in the aforementioned statement remain unpaid by defendant despite demand for same having been made. 6. Based on the aforementioned, the defendant is indebted to the plaintiff in the sum of$ I I 0,640.92 as indicated in the prior statement together with interest at the legal rate thereon from the date noted on such statement, no part of which has been paid although duly demanded. AS AND FOR A SECOND CAUSE OF ACTION AGAINST EDMUND ENNIS 7. Plaintiff repeats and reiterates the allegations contained in paragraphs I through 6. 8. That a statement of account has previously been forwarded to defendant Edmund Ennis. A copy of said statement of account is annexed hereto. WHEREFORE, plaintiff demands judgment against the defendant for the sum of 2263515 4 of 7 FILED: NEW YORK COUNTY CLERK 12/31/2019 11:05 AM INDEX NO. 162586/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 $110,640.92 together with interest, costs and disbursements of this action. Dated: New York, New York December 30, 2019 Schwmtz Sladkus Reich Greenberg Atlas LLP By:.-""---------~ Brett D. Nussbaum Attorney's for Plaintiff 444 Madison Avenue New York, New York 10022 (212) 743-7000 2263515 5 of 7 FILED: NEW YORK COUNTY CLERK 12/31/2019 11:05 AM INDEX NO. 162586/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 VERIFICATION THE UNDERSIGNED, AN ATTORNEY DULY ADMITTED TO PRACTICE BEFORE THE COURTS OF THE STATE OF NEW YORK, AFFIRMS THE FOLLOWING UNDER PENALTIES OF PERJURY: 1. I AM A MEMBER OF THE FIRM OF SCHWARTZ SLADKUS REICH GREENBERG ATLAS LLP, ATTORNEYS FOR THE PLAINTIFF. 2. I HAVE READ THE FOREGOING COMPLAINT AND KNOW THE CONTENTS THEREOF. 3. TO MY KNOWLEDGE, THE CONTENTS OF THE COMPLAINT ARE TRUE EXCEPT TO THOSE MATTERS ALLEGED ON INFORMATION AND BELIEF, AND AS TO THESE MATTERS I BELIEVE THEM TO BE TRUE. 4. THE GROUNDS OF MY BELIEF AS TO ALL MATIERS NOT STATED UPON MY KNOWLEDGE ARE REVIEW OF DOCUMENTS AND RECORDS IN POSSESSION OF PLAINTIFF, AND CONVERSATIONS AND COMMUNICATIONS WITH EMPLOYEES, AGENTS AND SERVANTS OF PLAINTIFF. 5. THE REASON I MAKE THIS AFFIRMATION INSTEAD OF PLAINTIFF IS THAT PLAINTIFF IS NOT IN THE COUNTY IN WHICH ITS ATTORNEYS HAVE THEIR OFFICE, OR IN THE EVENT PLAINTIFF IS IN THE COUNTY IN WHICH ITS ATTORNEYS HAVE THEIR OFFICE, THAT IAM FULLY FAMILIAR WITH THE FACTS AND CIRCUMSTANCES HEREIN. Dated: New York, New York December 30, 2019 ~,__fl___-~ BRETT D. NUSSBAUM 2263515 6 of 7 FILED: NEW YORK COUNTY CLERK 12/31/2019 11:05 AM INDEX NO. 162586/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 MARY MANNING WALSH HOME 1339 YORK AVENUE NEW YORK, NY 10021 Statement Date: 9/16/2019 EDMUND F ENNIS Payment Due By: 9/26/2019 1339 YORK AVENUE NEW YORK, NY 10021 Resident Name Ennis, Edmund F Admit Date 2/21/2019 Discharge Date 9/13/2019 Amount Due $110,640.92 . • • BIii Dates ·· - r- ·0ays ... :..'. . . . .:·~~. --From To · BHled Rate ' . DesCriptlon Charil<>• Payment Balance --_-___, 3/28/2019 3/31/2019 4 $613.00 Private Room & Board $2,452.00 $2,452.00 . 3/28/2019 3/31/2019 4 $41.68 Bed Tax $166.72 $2,618.72 4/1/2019 4/30/2019 30 $613.00 Private Room & Board $18,390.00 $21,008.72 4/1/2019 4/30/2019 30 $41.68 Bed Tax $1,250.40 $22,259.12 511/2019 5/31/2019 31 $613.00 Private Room & Board $19,003.00 $41,262.12 5/1/2019 5/31/2019 31 $41.68 Bed Tax $1,292.08 $42,554.20 6/1/2019 6/30/2019 30 $613.00 Private Room & Board $18,390.00 $60,944.20 6/1/2019 6/30/2019 30 $41.68 Bed Tax $1,250.40 $62,194.60 7/1/2019 7/31/2019 31 $613.00 Private Room & Board $19,003.00 $81,197.60 7/1/2019 7/31/2019 31 $41.68 Bed Tax $1,292.08 $82,489.68 8/1/2019 8/31/2019 31 $613.00 Private Room & Board $19,003.00 $101,492.68 811/2019 8/31/2019 31 $41.68 Bed Tax $1,292.08 $102,784.76 9/1/2019 9/12/2019 12 $613.00 Private Room & Board $7,356.00 $110,140.76 9/1/2019 9/12/2019 12 $41.68 Bed Tax $500.16 $110,640.92 TOTAL CHARGE & PAYMENTS $110,640.92 $0.00 TOTAL DUE $110,640.92 Questions: Please Call Kelly Bresler 888-519-9067 Please Make Checks Payable To: Mary Manning Walsh Home Please Mall Checks To: C/O Archcare, 205 Lexington Avenue, Second Floor, New York, NY 10016 7 of 7