Preview
INDEX NO. 151788/2014
FILED: NEW YORK COUNTY CLERK 04/18/2014)
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/18/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Seeeam aa nome aa a aeneae IEEE ASE EEN E RTE RE AA SRR ER RARER SEEK
TERENCE CARDINAL COOKE NURSING HOME, Index No.: 151788/14
Plaintiff, AFFIDAVIT IN SUPPORT
OF PLAINTIFF’S
MOTION FOR
SUMMARY JUDGMENT
- against -
ROBERT ROHR,
Defendant.
-
STATE OF NEW YORK )
COUNTY OF NEW YORK ) .
AnnMarie Covone, being duly sworn, deposes and says that:
1 1 am the Senior Vice President and Chief Financial Officer of TERENCE
CARDINAL COOKE (hereinafter referred to as “Plaintiff’), Plaintiff herein and, as such, I have
personal knowledge of the facts and circumstances surrounding this action.
2 As the Senior Vice President and Chief Financial Officer of Plaintiff, I am fully
familiar with the facts and circumstances of this action and make this affidavit based upon
conversations with personnel of Plaintiff, and my review of the books and records maintained by
Plaintiff in the ordinary course of its business.
3 I make this affidavit in support of Plaintiff's instant motion for an Order seeking
the entry of summary judgment in favor of Plaintiff and against Defendant pursuant to CPLR
Rule 3212, in the amount of $29,333.75, together with interest thereon at the statutory rate of 9%
per annum from September 14, 2012, and the costs and disbursements of the instant action.
4 Plaintiff is and always has been a nursing home facility duly authorized to provide
room, board, skilled nursing care and other health care services to residents requiring such
services.
5 At the request of Defendant, Robert Rohr (hereinafter referred to as “Defendant”),
Plaintiff provided room, board, skilled nursing care and other health care services to Defendant
from August 13, 2012 through September 13, 2012, for which a balance remains due and owing
in the amount of $29,333.75.
6. Defendant’s specific request to receive room, board, skilled nursing care and
other health care services from Plaintiff was memorialized in the Admission Agreement,
executed by Defendant on August 14, 2012. A copy of the Admission Agreement is annexed
hereto as Exhibit “A”.
7 The balance due is specifically 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).
8 Of the total aforementioned charges of $29,333.75, no payments have been made,
thus leaving a balance of $29,333.75 still due and owing. A statement of Defendant’s account
showing all charges and payments made to date has been annexed hereto as Exhibit “B”.
9 Based upon the above, there currently remains a balance of $29,333.75 still due
and owing to Plaintiff
by Defendant.
df
é ba
( AnnMarie Covone
Senior Vice President
and Chief Financial Officer
of Terence Cardinal Cooke
Sworn to before me this a
day of April, 2014 +
/ KEITH GRANT
York
Notary he ublic, State of New
10. 01GR5081838
Qualified in Nassau County
Notary Public \ pires July 14, 2015
Cc Cemmission Ex!
Preview
INDEX NO. 151788/2014 FILED: NEW YORK COUNTY CLERK 04/18/2014) NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/18/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Seeeam aa nome aa a aeneae IEEE ASE EEN E RTE RE AA SRR ER RARER SEEK TERENCE CARDINAL COOKE NURSING HOME, Index No.: 151788/14 Plaintiff, AFFIDAVIT IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT - against - ROBERT ROHR, Defendant. - STATE OF NEW YORK ) COUNTY OF NEW YORK ) . AnnMarie Covone, being duly sworn, deposes and says that: 1 1 am the Senior Vice President and Chief Financial Officer of TERENCE CARDINAL COOKE (hereinafter referred to as “Plaintiff’), Plaintiff herein and, as such, I have personal knowledge of the facts and circumstances surrounding this action. 2 As the Senior Vice President and Chief Financial Officer of Plaintiff, I am fully familiar with the facts and circumstances of this action and make this affidavit based upon conversations with personnel of Plaintiff, and my review of the books and records maintained by Plaintiff in the ordinary course of its business. 3 I make this affidavit in support of Plaintiff's instant motion for an Order seeking the entry of summary judgment in favor of Plaintiff and against Defendant pursuant to CPLR Rule 3212, in the amount of $29,333.75, together with interest thereon at the statutory rate of 9% per annum from September 14, 2012, and the costs and disbursements of the instant action. 4 Plaintiff is and always has been a nursing home facility duly authorized to provide room, board, skilled nursing care and other health care services to residents requiring such services. 5 At the request of Defendant, Robert Rohr (hereinafter referred to as “Defendant”), Plaintiff provided room, board, skilled nursing care and other health care services to Defendant from August 13, 2012 through September 13, 2012, for which a balance remains due and owing in the amount of $29,333.75. 6. Defendant’s specific request to receive room, board, skilled nursing care and other health care services from Plaintiff was memorialized in the Admission Agreement, executed by Defendant on August 14, 2012. A copy of the Admission Agreement is annexed hereto as Exhibit “A”. 7 The balance due is specifically 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). 8 Of the total aforementioned charges of $29,333.75, no payments have been made, thus leaving a balance of $29,333.75 still due and owing. A statement of Defendant’s account showing all charges and payments made to date has been annexed hereto as Exhibit “B”. 9 Based upon the above, there currently remains a balance of $29,333.75 still due and owing to Plaintiff by Defendant. df é ba ( AnnMarie Covone Senior Vice President and Chief Financial Officer of Terence Cardinal Cooke Sworn to before me this a day of April, 2014 + / KEITH GRANT York Notary he ublic, State of New 10. 01GR5081838 Qualified in Nassau County Notary Public \ pires July 14, 2015 Cc Cemmission Ex!