Preview
(FILED: NEW YORK COUNTY CLERK 0272872014) INDEX NO. 151788/2014
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2014
woe
—— ———
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
TERENCE CARDINAL COOKE NURSING HOME, Index No.:
SUMMONS
Plaintiff, The basis of venue
designated is
- against - New York County:
Location of Defendant’s
Residence
ROBERT ROHR,
Defendant.
wean nanan ne en ene eee eee ennenmene,
TO THE ABOVE NAMED DEFENDANT(S):
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.
SUMMONS AMOUNT: $29,333.75
DATED: NEW YORK, NEW YORK
February 21, 2014
Defendant’s Address: Plaintiff's Address:
ROBERT ROHR TERENCE CARDINAL COOKE
310 W. 73% Street, Apt. B 1249 Fifth Avenue
New York, New York 10023 New York, New York 10029
LAW OFFICE OF
WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
By
shelby E. Neiss
Attorneys for Plaintiff
Office & Post Office Address
270 Madison Avenue
New York, New York 10016
(212) 545-4600
-2-
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
meee eee een nnn eee ene eee enna enn emnennnen
TERENCE CARDINAL COOKE NURSING HOME, Index No.:
VERIFIED COMPLAINT
Plaintiff,
- against -
ROBERT ROHR,
Defendant.
eee eee ene ene nnn ne neennenenennnnnnneenannemenmnnnK
Plaintiff, by its attorneys, Wolf Haldenstein Adler Freeman & Herz LLP, complaining of
the defendant, respectfully alleges as follows:
1 That, upon information and belief, at all the times hereinafter mentioned,
the above-named nursing home, TERENCE CARDINAL COOKE NURSING HOME
(hereinafter referred to as "Plaintiff"), is a corporation duly organized and existing under and by
virtue of the laws of the State of New York.
2 That, upon information and belief, at all times hereinafter mentioned, said
Plaintiff was duly authorized to establish and maintain a residential health care facility to furnish
room, board, skilled nursing care and other health care services to patients requiring such
services.
3 That, upon information and belief, defendant ROBERT ROHR
(hereinafter referred to as “Defendant”) is a resident of the State of New York, County of New
York.
4 That at the express and/or implied request of Defendant, Plaintiff provided
room, board, skilled nursing care and other health care services to Defendant from on or about
August 13, 2012 through September 13, 2012, for which a balance remains due and owing in the
amount of $29,333.75.
5 That Defendant, for good and valuable consideration, entered into an
Admission Agreement with Plaintiff on or about August 14, 2012 (the “Admission Agreement”).
6 That pursuant to the Admission Agreement, Defendant agreed to abide by
Plaintiff's rules, conditions, covenants, duties and responsibilities pursuant to the terms as set
forth in the Admission Agreement. In reliance upon Defendant’s agreement to abide by the
rules, conditions, covenants, duties and responsibilities set forth in the terms of the Admission
Agreement, Plaintiff provided Defendant with room, board, skilled nursing care and other health
care services.
7
That pursuant to the terms of the Admission Agreement entered into by
Plaintiff and Defendant, Defendant obligated himself to pay for the room, board, skilled nursing
care and other health care services provided to him by Plaintiff.
-2-
8 As set forth in the statement of account annexed hereto, the total amount
due of $29,333.75, is comprised of charges for thirty-one (31) days of room, board, skilled
nursing care and other health care services at the private rate of $886.00 per day from August 13,
2012 through September 12, 2012 ($866.00/day x 31 days = $27,466.00), plus a daily bed tax at
the rate of $60.25 per day ($60.25/day x 31 days = $1,867.75) for the same dates. ($27,466.00 +
$1,867.75 = $29,333.75) A statement of account is annexed hereto.
9 That no part of said balance has been paid, although payment thereof has
been duly and repeatedly demanded and, upon information and belief, Defendant has received
invoices detailing same.
10. That Defendant has failed and continues to fail to pay for the room, board,
skilled nursing care and other health care services provided to him by the Facility, for which a
balance remains due and owing in the amount of $29,333.75.
11. That the balance currently remaining for the room, board, skilled nursing
care and other health care services provided to the Defendant by the Facility is $29,333.75.
12. That by reason thereof, Defendant is responsible for the payment
demanded herein, and is thus indebted to the Facility in the sum of $29,333.75, together with
interest thereon at the legal rate.
-3-
AS AND FOR A FIRST CAUSE OF ACTION
13. Plaintiff repeats, realleges and reaffirms each of the preceding allegations
contained in paragraphs “1” through “12” of this complaint with the same force and effect as
though fully set forth herein.
14. As a result of the foregoing, there has become due and owing to Plaintiff
from Defendant the sum of $29,333.75 due to Defendant’s breach of the Admission Agreement
by failing to pay for the room, board, skilled nursing care and other health care services provided
to Defendant by Plaintiff.
AS AND FOR A SECOND CAUSE OF ACTION
15. Plaintiff repeats, realleges and reaffirms each of the preceding allegations
contained in paragraphs “1” through “14” of this complaint with the same force and effect as
though fully set forth herein.
16. The fair and reasonable value of the room, board, skilled nursing care and
other health care services provided to the Defendant by the Facility that remains unpaid is
$29,333.75.
17. As a result of the foregoing, there has become due and owing to the
Facility from the Defendant the sum of $29,333.75 in quantum meruit, said amount being the fair
and reasonable value of the room, board, skilled nursing care and other health care services
provided to the Defendant by the Facility that remains unpaid.
-4-
AS AND FOR A THIRD CAUSE OF ACTION
18. Plaintiff repeats, realleges and reaffirms each of the preceding allegations
contained in paragraphs “1” through “17” of this complaint with the same force and effect as
though fully set forth herein.
19. A substantial benefit has been conferred upon the Defendant through his
receipt of the room, board, skilled nursing care and other health care services provided to him by
the Facility without payment, and Defendant has therefore been unjustly enriched in the amount
of $29,333.75.
20. As a result of the foregoing, there has become due and owing to the
Facility from the Defendant the sum of $29,333.75 based upon the doctrine of unjust enrichment.
AS AND FOR A FOURTH CAUSE OF ACTION
21. Plaintiff repeats, realleges and reaffirms each of the preceding allegations
contained in paragraphs “1” through “20” of this complaint with the same force and effect as
though fully set forth herein.
22. That, upon information and belief, Defendant has been provided invoice(s)
for the amount due and owing from the Facility, but has failed to dispute or challenge any
portion of same in any manner within a reasonable time, and has instead accepted those
invoice(s) as accurately showing the amount due and owing and, as such, Defendant should be
held liable to the Facility in the amount of $29,333.75 on the theory of an account stated.
-5-
23. That by reason thereof, Defendant is responsible for the payment
demanded herein, and thus indebted to the Facility in the sum of $29,333.75, together with
interest thereon at the legal rate.
WHEREFORE, Plaintiff, Terence Cardinal Cooke Nursing Home, demands judgment as
follows:
1 On the first cause of action against Defendant in the sum of $29,333.75,
together with interest thereon at the legal rate;
2 On the second cause of action against Defendant in the sum of $29,333.75,
together with interest thereon at the legal rate;
3 On the third cause of action against Defendant in the sum of $29,333.75,
together with interest thereon at the legal rate;
4 On the fourth cause of action against Defendant in the sum of $29,333.75,
together with interest thereon at the legal rate;
5 the costs and disbursements of the instant action, and;
6 such other, further and different relief as this court may deem just, proper
and equitable.
Dated: New York, New York
February 21, 2014
LAW OFFICE OF
WOLF HALDENSTEIN ADLER
FREEM.
By:
Shelby E. Neiss
Attorneys for Plaintiff
Office & Post Office Address
270 Madison Avenue
New York, New York 10016
(212) 545-4600
-6-
ATTORNEY'S AFFIRMATION
‘The undersigned, an attorney duly admitted to practice before the Courts of the State of New
York, affirms the truth of the following under the penalties of perjury:
1 I am an associate of the firm of Wolf Haldenstein Adler Freeman & Herz LLP,
attomeys for the plaintiff.
2 [have read the foregoing complaint and know the contents thereof.
3 To the best of my knowledge, the contents of the complaint are true except as to those
matters alleged on information and belief, and as to those matters I believe them to be true.
4 The grounds of my belief as to all matters not stated upon my knowledge are based
upon my 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 I am fully familiar with the facts and circumstances herein.
DATED: New York, New York
February 21, 2014
SHELBY E. NEISS
-7-
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK No.
TERRENCE CARDINAL COOKE NURSING HOME,
Plaintiff,
-against-
ROBERT ROHR,
Defendant,
SUMMONS AND VERIFIED COMPLAINT
WotF HALDENSTEIN ADLER FREEMAN & HERZ LLP
Attorneys for Plaintiff
270 MADISON AVENUE
NEW YORK,NY 10016
212-545-4600
Service of a copy of the within
is hereby admitted.
Dated: 20
WoLrF HALDENSTEIN ADLER FREEMAN & HERZ LLP
Preview
(FILED: NEW YORK COUNTY CLERK 0272872014) INDEX NO. 151788/2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2014 woe —— ——— SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK TERENCE CARDINAL COOKE NURSING HOME, Index No.: SUMMONS Plaintiff, The basis of venue designated is - against - New York County: Location of Defendant’s Residence ROBERT ROHR, Defendant. wean nanan ne en ene eee eee ennenmene, TO THE ABOVE NAMED DEFENDANT(S): 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. SUMMONS AMOUNT: $29,333.75 DATED: NEW YORK, NEW YORK February 21, 2014 Defendant’s Address: Plaintiff's Address: ROBERT ROHR TERENCE CARDINAL COOKE 310 W. 73% Street, Apt. B 1249 Fifth Avenue New York, New York 10023 New York, New York 10029 LAW OFFICE OF WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP By shelby E. Neiss Attorneys for Plaintiff Office & Post Office Address 270 Madison Avenue New York, New York 10016 (212) 545-4600 -2- SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK meee eee een nnn eee ene eee enna enn emnennnen TERENCE CARDINAL COOKE NURSING HOME, Index No.: VERIFIED COMPLAINT Plaintiff, - against - ROBERT ROHR, Defendant. eee eee ene ene nnn ne neennenenennnnnnneenannemenmnnnK Plaintiff, by its attorneys, Wolf Haldenstein Adler Freeman & Herz LLP, complaining of the defendant, respectfully alleges as follows: 1 That, upon information and belief, at all the times hereinafter mentioned, the above-named nursing home, TERENCE CARDINAL COOKE NURSING HOME (hereinafter referred to as "Plaintiff"), is a corporation duly organized and existing under and by virtue of the laws of the State of New York. 2 That, upon information and belief, at all times hereinafter mentioned, said Plaintiff was duly authorized to establish and maintain a residential health care facility to furnish room, board, skilled nursing care and other health care services to patients requiring such services. 3 That, upon information and belief, defendant ROBERT ROHR (hereinafter referred to as “Defendant”) is a resident of the State of New York, County of New York. 4 That at the express and/or implied request of Defendant, Plaintiff provided room, board, skilled nursing care and other health care services to Defendant from on or about August 13, 2012 through September 13, 2012, for which a balance remains due and owing in the amount of $29,333.75. 5 That Defendant, for good and valuable consideration, entered into an Admission Agreement with Plaintiff on or about August 14, 2012 (the “Admission Agreement”). 6 That pursuant to the Admission Agreement, Defendant agreed to abide by Plaintiff's rules, conditions, covenants, duties and responsibilities pursuant to the terms as set forth in the Admission Agreement. In reliance upon Defendant’s agreement to abide by the rules, conditions, covenants, duties and responsibilities set forth in the terms of the Admission Agreement, Plaintiff provided Defendant with room, board, skilled nursing care and other health care services. 7 That pursuant to the terms of the Admission Agreement entered into by Plaintiff and Defendant, Defendant obligated himself to pay for the room, board, skilled nursing care and other health care services provided to him by Plaintiff. -2- 8 As set forth in the statement of account annexed hereto, the total amount due of $29,333.75, is comprised of charges for thirty-one (31) days of room, board, skilled nursing care and other health care services at the private rate of $886.00 per day from August 13, 2012 through September 12, 2012 ($866.00/day x 31 days = $27,466.00), plus a daily bed tax at the rate of $60.25 per day ($60.25/day x 31 days = $1,867.75) for the same dates. ($27,466.00 + $1,867.75 = $29,333.75) A statement of account is annexed hereto. 9 That no part of said balance has been paid, although payment thereof has been duly and repeatedly demanded and, upon information and belief, Defendant has received invoices detailing same. 10. That Defendant has failed and continues to fail to pay for the room, board, skilled nursing care and other health care services provided to him by the Facility, for which a balance remains due and owing in the amount of $29,333.75. 11. That the balance currently remaining for the room, board, skilled nursing care and other health care services provided to the Defendant by the Facility is $29,333.75. 12. That by reason thereof, Defendant is responsible for the payment demanded herein, and is thus indebted to the Facility in the sum of $29,333.75, together with interest thereon at the legal rate. -3- AS AND FOR A FIRST CAUSE OF ACTION 13. Plaintiff repeats, realleges and reaffirms each of the preceding allegations contained in paragraphs “1” through “12” of this complaint with the same force and effect as though fully set forth herein. 14. As a result of the foregoing, there has become due and owing to Plaintiff from Defendant the sum of $29,333.75 due to Defendant’s breach of the Admission Agreement by failing to pay for the room, board, skilled nursing care and other health care services provided to Defendant by Plaintiff. AS AND FOR A SECOND CAUSE OF ACTION 15. Plaintiff repeats, realleges and reaffirms each of the preceding allegations contained in paragraphs “1” through “14” of this complaint with the same force and effect as though fully set forth herein. 16. The fair and reasonable value of the room, board, skilled nursing care and other health care services provided to the Defendant by the Facility that remains unpaid is $29,333.75. 17. As a result of the foregoing, there has become due and owing to the Facility from the Defendant the sum of $29,333.75 in quantum meruit, said amount being the fair and reasonable value of the room, board, skilled nursing care and other health care services provided to the Defendant by the Facility that remains unpaid. -4- AS AND FOR A THIRD CAUSE OF ACTION 18. Plaintiff repeats, realleges and reaffirms each of the preceding allegations contained in paragraphs “1” through “17” of this complaint with the same force and effect as though fully set forth herein. 19. A substantial benefit has been conferred upon the Defendant through his receipt of the room, board, skilled nursing care and other health care services provided to him by the Facility without payment, and Defendant has therefore been unjustly enriched in the amount of $29,333.75. 20. As a result of the foregoing, there has become due and owing to the Facility from the Defendant the sum of $29,333.75 based upon the doctrine of unjust enrichment. AS AND FOR A FOURTH CAUSE OF ACTION 21. Plaintiff repeats, realleges and reaffirms each of the preceding allegations contained in paragraphs “1” through “20” of this complaint with the same force and effect as though fully set forth herein. 22. That, upon information and belief, Defendant has been provided invoice(s) for the amount due and owing from the Facility, but has failed to dispute or challenge any portion of same in any manner within a reasonable time, and has instead accepted those invoice(s) as accurately showing the amount due and owing and, as such, Defendant should be held liable to the Facility in the amount of $29,333.75 on the theory of an account stated. -5- 23. That by reason thereof, Defendant is responsible for the payment demanded herein, and thus indebted to the Facility in the sum of $29,333.75, together with interest thereon at the legal rate. WHEREFORE, Plaintiff, Terence Cardinal Cooke Nursing Home, demands judgment as follows: 1 On the first cause of action against Defendant in the sum of $29,333.75, together with interest thereon at the legal rate; 2 On the second cause of action against Defendant in the sum of $29,333.75, together with interest thereon at the legal rate; 3 On the third cause of action against Defendant in the sum of $29,333.75, together with interest thereon at the legal rate; 4 On the fourth cause of action against Defendant in the sum of $29,333.75, together with interest thereon at the legal rate; 5 the costs and disbursements of the instant action, and; 6 such other, further and different relief as this court may deem just, proper and equitable. Dated: New York, New York February 21, 2014 LAW OFFICE OF WOLF HALDENSTEIN ADLER FREEM. By: Shelby E. Neiss Attorneys for Plaintiff Office & Post Office Address 270 Madison Avenue New York, New York 10016 (212) 545-4600 -6- ATTORNEY'S AFFIRMATION ‘The undersigned, an attorney duly admitted to practice before the Courts of the State of New York, affirms the truth of the following under the penalties of perjury: 1 I am an associate of the firm of Wolf Haldenstein Adler Freeman & Herz LLP, attomeys for the plaintiff. 2 [have read the foregoing complaint and know the contents thereof. 3 To the best of my knowledge, the contents of the complaint are true except as to those matters alleged on information and belief, and as to those matters I believe them to be true. 4 The grounds of my belief as to all matters not stated upon my knowledge are based upon my 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 I am fully familiar with the facts and circumstances herein. DATED: New York, New York February 21, 2014 SHELBY E. NEISS -7- SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK No. TERRENCE CARDINAL COOKE NURSING HOME, Plaintiff, -against- ROBERT ROHR, Defendant, SUMMONS AND VERIFIED COMPLAINT WotF HALDENSTEIN ADLER FREEMAN & HERZ LLP Attorneys for Plaintiff 270 MADISON AVENUE NEW YORK,NY 10016 212-545-4600 Service of a copy of the within is hereby admitted. Dated: 20 WoLrF HALDENSTEIN ADLER FREEMAN & HERZ LLP