Preview
FILED: WARREN COUNTY CLERK 01/07/2022 01:06 PM INDEX NO. EF2021-69373
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WARREN
GLENS FALLS HOSPITAL
NOTICE OF
Plaintiff,
-against- MOTION
Index No.:
MICHAEL L. GRANGER EF2021-69373
Defendants.
PLEASE TAKE NOTICE, that upon the annexed affidavit of Gary Manduca,
sworn to on November 19, 2021, a motion pursuant to CPLR §3212 will be made at a
Special Term of this Court to be held at 1340 State Route 9, Lake George, New York on
at ,ÈÛ on submission of papers for an
, 2022, , only,
order directing the entry of summary judgment in favor of the plaintiff for the relief
demanded in the complaint, upon the ground that there is no defense to the plaintiff's
cause of action, and for such other and further relief as may be just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering
affidavits are required to be served upon the plaintiff's attorneys at least seven (7) days
before the return date of this motion.
DATED: January 3, 2022
O . DD, ÉSQ.
ON, RUSSELL, DOERR
& DONOVAN, LLP
Attorneys for Plaintiff
19 Executive Park Drive
Clifton Park, New York 12065
(518) 383-4000
TO: Michael L. Granger
107 Padanarum Road
Brant Lake, NY 12815
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FILED: WARREN COUNTY CLERK 01/07/2022 01:06 PM INDEX NO. EF2021-69373
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WARREN
GLENS FALLS HOSPITAL
AFFIDAVIT
Plaintiff,
-against- Index No.:
EF2021-69373
MICHAEL L. GRANGER
Defendants.
STATE OF NEW YORK )
) SS.:
COUNTY OF WARREN )
Gary Manduca, being duly sworn, deposes and says:
1. I am associated with the plaintiff herein in the position of Senior Director
of Revenue Cycle.
2. I make this affidavit in support of the plaintiff's motion for summary
judgment and to demonstrate to the Court that there is no defense to this action to
recover the amount due to plaintiff for hospital services rendered to or on behalf of the
defendant.
3. The information contained herein is derived from my own personal
knowledge and from the business records of Glens Falls Hospital, said records being
made in the regular course of business, and it being the regular course of the plaintiff
business to make such records at the time of the event recorded, or shortly thereafter.
Statements regarding the legal aspects of this action are made upon information and
belief, and are based on conversations and correspondence with the Law Offices of
Overton, Russell, Doerr & Donovan, LLP.
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FILED: WARREN COUNTY CLERK 01/07/2022 01:06 PM INDEX NO. EF2021-69373
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/07/2022
4. Plaintiff's statement of material facts, with supporting documentary
evidence, pursuant to Uniform Rule 202.8-g, is attached.
COMMENCEMENT OF THE ACTION
5. Because of the defendant's failure to pay the hospital bill voluntarily, it
became necessary for the plaintiff to commence the above-entitled action. A copy of
the summons and verified complaint and affidavit of service is attached as Exhibit "A".
6. Subsequent pleadings and papers served in this action are attached as
"B"
Exhibit which consists of defendant's answer dated September 15, 2021, and a
supplement to defendant's answer, which serves to generally deny the allegations
contained in the verified complaint and offers two affirmative defenses.
NO DEFENSE TO THIS ACTION
7. Defendant's general denial is wholly unsupported by any factual
statement, or documentary evidence, tending to support the blanket denial. Plaintiff has
provided proof of defendant's personal ongoing liability for the debt at issue in this
action (See: Statement of Material Facts Exhibit "1"). As such, the general denial is
without merit.
8. Defendant's first potential defense alleges that a third-party misdiagnosed
him causing him to incur damages. Defendant's assertion is not a defense to plaintiff's
breach of contract claim. Defendant may have a cause of action against the third-party,
however, that does not impact the obligation to plaintiff. As such, this potential defense
is meritless.
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FILED: WARREN COUNTY CLERK 01/07/2022 01:06 PM INDEX NO. EF2021-69373
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/07/2022
9. Defendant's second potential defense alleges defendant is unable to pay
the debt at issue in this action. As this Court is aware, defendant's allegation that he
cannot pay this debt is not a valid defense to a breach of contract claim. Defendant also
alleges that he did not qualify for financial assistance. After referral to plaintiff's counsel
for co!!edions defendant was advised to resubmit the application for financial
assistance. Defendant refused to submit the application. However, it should be noted
that defendant received a charity care discount, said discount is properly reflected on
both itemized statements. As such, this potential defense is meritless.
10. Defendant's answer provides only a general denial of any allegation
contained in the verified complaint and does not offer any meritorious affirmative
defense. As such, there is no triable issue of fact for this Court to decide and plaintiff is
entitled to judgment.
11. The plaintiff has sent numerous billing statements to defendant before
referring this debt to counsel's office for colledions (emphasis added). The address
given by plaintiff at registration is the same address defendant lists on his answer, none
of the mailings sent to defendant were returned as non-deliverable. The defendant had
been given more than ample time to make arrangements to pay this debt, but has not,
forcing the plaintiff to incur additional costs and expenses.
12. In this action, plaintiff brings suit to recover under a contract theory of
law for hospital and medical services rendered to defendant.
13. The defeñdant fails to present any defense that would show she is not
responsible for the charges involved in this suit.
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FILED: WARREN COUNTY CLERK 01/07/2022 01:06 PM INDEX NO. EF2021-69373
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/07/2022
14. Based upon the foregoing, I believe that the defendant has absolutely no
defense to this action. I further believe that the plaintiff has established its cause of
action sufficiently to warrant the Court as a matter of law in directing judgment in favor
of the plaintiff for the relief demanded in the complaiñt.
WHEREFORE, it is respectfully requested that an Order be granted directing the
entry of summary judgment in favor of the plaintiff for the relief demanded in the
complaint.
Y ANDUCA
ENIOR DIRECTOR OF REVENUE CYCLE
SWORN to before me this
day of . 2021
N ARY PUBLIC
MARY A. BROWN
Notary Public, State of New York
Warren County, #4967553
Commission Expires June 04, 20-
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NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/07/2022
ATrORNEY CERTIFICATION
I, John T. Judd, an attorney, hereby certify, pursuant to Uniform Rule 202.8-b, under
penalty of perjury and as an officer of the court that to the best of my knowledge,
information and belief, formed after an inquiry reasonable under the circumstances,
that the affidavit of Gary Manduca contains 727 words as calculated by the word
processing program used to draft said affidavit.
Rb S LL, DOERR
& DONOVAN, LLP
Attorneys for Plaintiff
19 Executive Park Drive
Clifton Park, New York 12065
(518) 383-4000
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Preview
FILED: WARREN COUNTY CLERK 01/07/2022 01:06 PM INDEX NO. EF2021-69373 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/07/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WARREN GLENS FALLS HOSPITAL NOTICE OF Plaintiff, -against- MOTION Index No.: MICHAEL L. GRANGER EF2021-69373 Defendants. PLEASE TAKE NOTICE, that upon the annexed affidavit of Gary Manduca, sworn to on November 19, 2021, a motion pursuant to CPLR §3212 will be made at a Special Term of this Court to be held at 1340 State Route 9, Lake George, New York on at ,ÈÛ on submission of papers for an , 2022, , only, order directing the entry of summary judgment in favor of the plaintiff for the relief demanded in the complaint, upon the ground that there is no defense to the plaintiff's cause of action, and for such other and further relief as may be just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering affidavits are required to be served upon the plaintiff's attorneys at least seven (7) days before the return date of this motion. DATED: January 3, 2022 O . DD, ÉSQ. ON, RUSSELL, DOERR & DONOVAN, LLP Attorneys for Plaintiff 19 Executive Park Drive Clifton Park, New York 12065 (518) 383-4000 TO: Michael L. Granger 107 Padanarum Road Brant Lake, NY 12815 1 of 6 FILED: WARREN COUNTY CLERK 01/07/2022 01:06 PM INDEX NO. EF2021-69373 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/07/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WARREN GLENS FALLS HOSPITAL AFFIDAVIT Plaintiff, -against- Index No.: EF2021-69373 MICHAEL L. GRANGER Defendants. STATE OF NEW YORK ) ) SS.: COUNTY OF WARREN ) Gary Manduca, being duly sworn, deposes and says: 1. I am associated with the plaintiff herein in the position of Senior Director of Revenue Cycle. 2. I make this affidavit in support of the plaintiff's motion for summary judgment and to demonstrate to the Court that there is no defense to this action to recover the amount due to plaintiff for hospital services rendered to or on behalf of the defendant. 3. The information contained herein is derived from my own personal knowledge and from the business records of Glens Falls Hospital, said records being made in the regular course of business, and it being the regular course of the plaintiff business to make such records at the time of the event recorded, or shortly thereafter. Statements regarding the legal aspects of this action are made upon information and belief, and are based on conversations and correspondence with the Law Offices of Overton, Russell, Doerr & Donovan, LLP. 2 of 6 FILED: WARREN COUNTY CLERK 01/07/2022 01:06 PM INDEX NO. EF2021-69373 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/07/2022 4. Plaintiff's statement of material facts, with supporting documentary evidence, pursuant to Uniform Rule 202.8-g, is attached. COMMENCEMENT OF THE ACTION 5. Because of the defendant's failure to pay the hospital bill voluntarily, it became necessary for the plaintiff to commence the above-entitled action. A copy of the summons and verified complaint and affidavit of service is attached as Exhibit "A". 6. Subsequent pleadings and papers served in this action are attached as "B" Exhibit which consists of defendant's answer dated September 15, 2021, and a supplement to defendant's answer, which serves to generally deny the allegations contained in the verified complaint and offers two affirmative defenses. NO DEFENSE TO THIS ACTION 7. Defendant's general denial is wholly unsupported by any factual statement, or documentary evidence, tending to support the blanket denial. Plaintiff has provided proof of defendant's personal ongoing liability for the debt at issue in this action (See: Statement of Material Facts Exhibit "1"). As such, the general denial is without merit. 8. Defendant's first potential defense alleges that a third-party misdiagnosed him causing him to incur damages. Defendant's assertion is not a defense to plaintiff's breach of contract claim. Defendant may have a cause of action against the third-party, however, that does not impact the obligation to plaintiff. As such, this potential defense is meritless. 3 of 6 FILED: WARREN COUNTY CLERK 01/07/2022 01:06 PM INDEX NO. EF2021-69373 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/07/2022 9. Defendant's second potential defense alleges defendant is unable to pay the debt at issue in this action. As this Court is aware, defendant's allegation that he cannot pay this debt is not a valid defense to a breach of contract claim. Defendant also alleges that he did not qualify for financial assistance. After referral to plaintiff's counsel for co!!edions defendant was advised to resubmit the application for financial assistance. Defendant refused to submit the application. However, it should be noted that defendant received a charity care discount, said discount is properly reflected on both itemized statements. As such, this potential defense is meritless. 10. Defendant's answer provides only a general denial of any allegation contained in the verified complaint and does not offer any meritorious affirmative defense. As such, there is no triable issue of fact for this Court to decide and plaintiff is entitled to judgment. 11. The plaintiff has sent numerous billing statements to defendant before referring this debt to counsel's office for colledions (emphasis added). The address given by plaintiff at registration is the same address defendant lists on his answer, none of the mailings sent to defendant were returned as non-deliverable. The defendant had been given more than ample time to make arrangements to pay this debt, but has not, forcing the plaintiff to incur additional costs and expenses. 12. In this action, plaintiff brings suit to recover under a contract theory of law for hospital and medical services rendered to defendant. 13. The defeñdant fails to present any defense that would show she is not responsible for the charges involved in this suit. 4 of 6 FILED: WARREN COUNTY CLERK 01/07/2022 01:06 PM INDEX NO. EF2021-69373 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/07/2022 14. Based upon the foregoing, I believe that the defendant has absolutely no defense to this action. I further believe that the plaintiff has established its cause of action sufficiently to warrant the Court as a matter of law in directing judgment in favor of the plaintiff for the relief demanded in the complaiñt. WHEREFORE, it is respectfully requested that an Order be granted directing the entry of summary judgment in favor of the plaintiff for the relief demanded in the complaint. Y ANDUCA ENIOR DIRECTOR OF REVENUE CYCLE SWORN to before me this day of . 2021 N ARY PUBLIC MARY A. BROWN Notary Public, State of New York Warren County, #4967553 Commission Expires June 04, 20- 5 of 6 FILED: WARREN COUNTY CLERK 01/07/2022 01:06 PM INDEX NO. EF2021-69373 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/07/2022 ATrORNEY CERTIFICATION I, John T. Judd, an attorney, hereby certify, pursuant to Uniform Rule 202.8-b, under penalty of perjury and as an officer of the court that to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, that the affidavit of Gary Manduca contains 727 words as calculated by the word processing program used to draft said affidavit. Rb S LL, DOERR & DONOVAN, LLP Attorneys for Plaintiff 19 Executive Park Drive Clifton Park, New York 12065 (518) 383-4000 6 of 6