Preview
FILED: ALBANY COUNTY CLERK 01/26/2023 08:29 AM INDEX NO. 908063-22
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/26/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF ALBANY
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RASHBI MANAGEMENT, INC.
Plaintiff,
Statement of Undisputed
Material Facts
v. Index No908063-22
Diamond Hill Nursing and Rehabilitation Center
N/K/A Collar City Nursing and Rehabilitation Center,
Oriska Insurance Company,
Defendants.
Plaintiff Rashbi Management, Inc., by counsel, respectfully submits that the following
are the undisputed material facts in the above-captioned case upon which its motion for
partial summary judgment pursuant to CPLR 3212 against defendant Diamond Hill Nursing
and Rehabilitation Center N/K/A Collar City Nursing and Rehabilitation Center (Diamond
Hill) is based:
1. the existence, due execution, validity, and binding effect of the Stipulation of
Settlement So-Ordered (Settlement) entered into on September 24, 2013, attached as exhibit B
to Rashbi’s complaint in this case (affidavit of Euripides Kavazis, exhibit A) (NYSCEF Doc
No. 2), and the existence of Diamond Hill’s liability to Rashbi under the Settlement, as shown
by judicial admissions made by Diamond Hill as shown in the following pleadings in this case,
namely:
A. Rashbi’s complaint in this case (Kavazis Affidavit, exhibit A) (NYSCEF Doc No.
2); and,
B. Diamond Hill’s answer to the complaint (Kavazis Affidavit, exhibit B) (NYSCEF
Doc No. 11).
2. the existence of Diamond Hill’s liability to pay premiums under the Settlement is
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FILED: ALBANY COUNTY CLERK 01/26/2023 08:29 AM INDEX NO. 908063-22
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/26/2023
also established by the following:
A. the complaint in Rashbi Management v. Brookhaven Rehab & Healthcare, Sup
Ct, Alb County, index No. 909306-21 (the Brookhaven Case) (Kavazis Affidavit,
exhibit C) (NYSCEF Doc No. 1, Brookhaven Case);
B. the memorandum of law in support of the motion to dismiss the complaint
filed by Brookhaven Rehab & Healthcare (Brookhaven) in the Brookhaven Case
(Kavazis Affidavit, exhibit D) (NYSCEF Doc No. 20, Sperber memo of law,
Brookhaven Case);
C. the Court’s decision on January 14, 2022, in the Brookhaven case denying
Brookhaven’s motion to dismiss the complaint (Kavazis Affidavit, exhibit
E) (NYSCEF Doc No. 61, Brookhaven Case);
D. Counsel for Brookhaven’s affirmation in support of the motion to dismiss
the amended complaint (Kavazis Affidavit, exhibit F) (NYSCEF Doc No.
83, Brookhaven Case);
E. the Court’s decision on April 14, 2022, denying Brookhaven’s motion to
dismiss the amended complaint (Kavazis Affidavit, exhibit G) (NYSCEF
Doc No. 110, Brookhaven Case);
F. WCB Judge Pantzer’s decision of October 16, 2020, in In Re Oriska
Insurance Company, WCB Case #G2731970 (Affidavit of Frank Policelli,
exhibit A); and,
G. Office of the General Counsel of the New York State Department of
Financial Services opinion on May 11, 2005 (Policelli Affidavit, exhibit
B).
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FILED: ALBANY COUNTY CLERK 01/26/2023 08:29 AM INDEX NO. 908063-22
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/26/2023
Respectfully submitted.
Dated: January 24, 2023
Utica, New York
Frank Policelli,
Esq. Counsel for
Plaintiff Frank
Policelli, Esq. 10
Steuben Park,
Utica, NY 13501
phone: (315) 793-0020
email: policellilaw@gmail.com
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Preview
FILED: ALBANY COUNTY CLERK 01/26/2023 08:29 AM INDEX NO. 908063-22 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/26/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF ALBANY ---------------------------------------------------------------- RASHBI MANAGEMENT, INC. Plaintiff, Statement of Undisputed Material Facts v. Index No908063-22 Diamond Hill Nursing and Rehabilitation Center N/K/A Collar City Nursing and Rehabilitation Center, Oriska Insurance Company, Defendants. Plaintiff Rashbi Management, Inc., by counsel, respectfully submits that the following are the undisputed material facts in the above-captioned case upon which its motion for partial summary judgment pursuant to CPLR 3212 against defendant Diamond Hill Nursing and Rehabilitation Center N/K/A Collar City Nursing and Rehabilitation Center (Diamond Hill) is based: 1. the existence, due execution, validity, and binding effect of the Stipulation of Settlement So-Ordered (Settlement) entered into on September 24, 2013, attached as exhibit B to Rashbi’s complaint in this case (affidavit of Euripides Kavazis, exhibit A) (NYSCEF Doc No. 2), and the existence of Diamond Hill’s liability to Rashbi under the Settlement, as shown by judicial admissions made by Diamond Hill as shown in the following pleadings in this case, namely: A. Rashbi’s complaint in this case (Kavazis Affidavit, exhibit A) (NYSCEF Doc No. 2); and, B. Diamond Hill’s answer to the complaint (Kavazis Affidavit, exhibit B) (NYSCEF Doc No. 11). 2. the existence of Diamond Hill’s liability to pay premiums under the Settlement is 1 of 3 FILED: ALBANY COUNTY CLERK 01/26/2023 08:29 AM INDEX NO. 908063-22 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/26/2023 also established by the following: A. the complaint in Rashbi Management v. Brookhaven Rehab & Healthcare, Sup Ct, Alb County, index No. 909306-21 (the Brookhaven Case) (Kavazis Affidavit, exhibit C) (NYSCEF Doc No. 1, Brookhaven Case); B. the memorandum of law in support of the motion to dismiss the complaint filed by Brookhaven Rehab & Healthcare (Brookhaven) in the Brookhaven Case (Kavazis Affidavit, exhibit D) (NYSCEF Doc No. 20, Sperber memo of law, Brookhaven Case); C. the Court’s decision on January 14, 2022, in the Brookhaven case denying Brookhaven’s motion to dismiss the complaint (Kavazis Affidavit, exhibit E) (NYSCEF Doc No. 61, Brookhaven Case); D. Counsel for Brookhaven’s affirmation in support of the motion to dismiss the amended complaint (Kavazis Affidavit, exhibit F) (NYSCEF Doc No. 83, Brookhaven Case); E. the Court’s decision on April 14, 2022, denying Brookhaven’s motion to dismiss the amended complaint (Kavazis Affidavit, exhibit G) (NYSCEF Doc No. 110, Brookhaven Case); F. WCB Judge Pantzer’s decision of October 16, 2020, in In Re Oriska Insurance Company, WCB Case #G2731970 (Affidavit of Frank Policelli, exhibit A); and, G. Office of the General Counsel of the New York State Department of Financial Services opinion on May 11, 2005 (Policelli Affidavit, exhibit B). 2 of 3 FILED: ALBANY COUNTY CLERK 01/26/2023 08:29 AM INDEX NO. 908063-22 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 01/26/2023 Respectfully submitted. Dated: January 24, 2023 Utica, New York Frank Policelli, Esq. Counsel for Plaintiff Frank Policelli, Esq. 10 Steuben Park, Utica, NY 13501 phone: (315) 793-0020 email: policellilaw@gmail.com 3 of 3