Preview
FILED: NASSAU COUNTY CLERK 05/07/2024 05:07 PM INDEX NO. 608004/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_______-------___--------------------------------___---..---_________Ç
"
NASSAU HEALTH CARE CORPORATION, As Owner
and Operator of, A. HOLLY PATTERSON
SUMMONS
EXTENDED CARE FACILITY,
Basis of Venue
Defendant's Residence:
Plaintif 875 Jerusalem Avenue
-against-
Uniondale, NY 11553
LOUIS GERACE a/k/a LOUIS M. GERACE,
Defendant.
--_____________________________________------------_________________Ç
TO THE ABOVE NAME DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or if the complaint is not served with this summons, to serve a notice of
appearance, on the plaintiff's attorney within twenty (20) days after the service of this summons,
exclusive of the date of service (or within thirty (30) days after the service is complete if this
summons is not personally delivered to you within the State of New York); and in case f ur
failure to appear or answer, judgment will be taken agains by default for the d man ed
in the complaint.
Dated: April 26, 2024
AB MS FENSTERMAN, LLP
Lake Success, New York
torneys for Plaintif
y: NICHOLAS CORONA JR., .
Defendant's Address: to NYCRR
ursuant § 130-1-1.a:
3 akota Drive - Suite 300
LOUIS GERACE Lake Success, New York 11042
a/k/a 1 . GERACE (516) 328-2300
LOUIS
875 Jerusalem Avenue NYC DCA License No.: 2101359-DCA
NY 11553 File No.: 109193.4554
Uniondale,
"Please be advised that this firm is a debt collector and this is an attempt to collect a debt.
purpose."
Any information obtained will be used for that
1 of 7
FILED: NASSAU COUNTY CLERK 05/07/2024 05:07 PM INDEX NO. 608004/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
________-----_______________----------------------------___________-Ç
NASSAU HEALTH CARE CORPORATION, As Owner ·
Index No "
and Operator of, A. HOLLY PATTERSON
EXTENDED CARE FACILITY,
VERIFIED COMPLAINT
Plaintif
-against-
LOUIS GERACE a/k/a LOUIS M. GERACE,
Defendant.
--------------______________-____________............._____..____________Ç
Plaintiff, above named, by its attorneys, ABRAMS FENSTERMAN, LLP, complaining of
the Defendant, above named, respectfully sets forth and alleges:
1. At all times hereinafter mentioned, Plaintiff, NASSAU HEALTH CARE
CORPORATION, As Owner and Operator of, A. HOLLY PATTERSON EXTENDED
CARE FACILITY ("A. HOLLY"), is a corporation duly organized and existing under and
by virtue of the laws of the State of New York, and is engaged in the business of providing
skilled nursing home care services, at the premises located at 875 Jerusalem Avenue,
Uniondale, NY 11553.
2. That LOUIS GERACE a/k/a LOUIS M. GERACE ("RESIDENT"), resides at 875
Jerusalem Avene, Uniondale, NY 11553.
AS AND FOR A FIRST CAUSE OF ACTION
"1"
3. Plaintiff i·epeats and realleges each and every allegation contained in paragraphs
"2"
through above with the same force and effect as if same were more fully set forth at
length herein.
4. During the time period from August 30, 2022 through the present, A. HOLLY provided
and continues to provide room, board and skilled nursing care services to the RESIDENT.
ABRAMS FENSTERMAN,LLP
3 DakotaDrive- Suite300
LakeSuccess,NY I 1042
Tel.No.(516)328-2300
2 of 7
FILED: NASSAU COUNTY CLERK 05/07/2024 05:07 PM INDEX NO. 608004/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
5. The RESIDENT accepted and continues to accept the care and services rendered by A.
HOLLY.
6. Said services were rendered at the reasonable value of $48,510.00 through March 31, 2024,
which sum continues to accrue.
7. A. HOLLY always had an expectation of receiving payment from the RESIDENT for the
care and services it rendered and continues to render to the RESIDENT.
**3855.1
8. The RESÍDENT's account number with Plaintiff is
9. Plaintiff is the original creditor and has always owned this debt.
10. No payment has been made by or on behalf of the RESIDENT for the room, board and
skilled nursing care and services rendered by the Plaintiff.
11. By reason of the room, board and skilled nursing care and services rendered by A. HOLLY
to the RESIDENT, there remains due and owing to A. HOLLY, from the RESIDENT, in
the sum of $48,510.00, through March 31, 2024, which sum continues to accrue.
AS AND FOR A SECOND CAUSE OF ACTION
"1"
12. Plaintiff repeats and realleges each and every allegation contained in paragraphs
"11"
through above with the same force and effect as if same were more fully set forth at
length herein.
13. The RESIDENT has been unjustly enriched as a result of receiving care and services from
A. HOLLY without making payment therefor.
14. By reason of the RESIDENT's unjust enrichment, the RESIDENT is liable to A. HOLLY
in the sum of $48,510.00, through March 31, 2024, which sum continues to accrue.
1 protocols.
The RESIDENT's account number has been redacted for purposes of E-Filing
ABRAMS FENSTERMAN,LLP
3 DakotaDrive - Suite300
LakeSuccess,NY 11042
Tel. No. (516)328-2300
3 of 7
FILED: NASSAU COUNTY CLERK 05/07/2024 05:07 PM INDEX NO. 608004/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
AS AND FOR A THIRD CAUSE OF ACTION
"1"
15. Plaintiff repeats and realleges each and every allegation contained in paragraphs
"14"
through above with the same force and effect as if same were more fully set forth at
length herein.
16. On or about August 30, 2022, the RESIDENT signed an admission agreement
("AGREEMENT") with A. HOLLY.
17. Pursuant to the AGREEMENT, the RESIDENT undertook the obligation to remit payment
and /or secure payment from third party payors to meet the RESIDENT's obligations to
the Plaintiff.
18. From on or about August 30, 2022 through the present, the RESIDENT received room,
board and skilled nursing care services from A. HOLLY.
19. By reason of the RESIDENT's default and breach of the AGREEMENT, A. HOLLY has
suffered damages in the sum of $48,510.00, through March 31, 2024, which sum continues
to accrue.
WHEREFORE, Plaintiff, NASSAU HEALTH CARE CORPORATION, As Owner and
Operator of, A. HOLLY PATTERSON EXTENDED CARE FACILITY, demand s judgment
against the Defendant, LOUIS GERACE a/k/a LOUIS M. GERACE, as follows:
a. On the First Cause of Action, in the amount of $48,510.00, plus a further
assessment of damages, plus interest from March 31, 2024;
b. On the Second Cause of Action, in the amount of $48,510.00, plus a further
assessment of damages, plus interest from March 31, 2024;
c. On the Third Cause of Action, in the amount of $48,510.00, plus a further
assessment of damages, plus interest from March 31, 2024;
ABRAMS FENSTERMAN,LLP
3 DakotaDrive - Suite300
LakeSuccess,NY 11042
Tel No. (516)328.2300
4 of 7
FILED: NASSAU COUNTY CLERK 05/07/2024 05:07 PM INDEX NO. 608004/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
d. The costs and disbursements of this action, together with such other and further
relief as this Court may deem just, proper, and equitable.
Dated: April 26, 2024
Lake Success, New York AB S FENSTERMAN, LLP
B . CHOLAS CORONA JR., .
Dakota Drive, Suite 300
Lake Success, NY 11042
516-328-2300
File No.: 109193.4554
ABRAMS FENSTERMAN,LLP
3 DakotaDrive - Suite300
Lake Success,NY I1042
Tel. No. (516) 328-2300
5 of 7
FILED: NASSAU COUNTY CLERK 05/07/2024 05:07 PM INDEX NO. 608004/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
109193.4554
VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF 453R(4 )
fÇ
.
AIHn C- XY jDû tG . , being duly sworn, deposes and says is the
ff TVfr LF/4l.hffEEAof NASSAU HEALTH CARE CORPORATION, As Owner And
Operator of, A. HOLLY PATTERSON EXTENDED CARE FACILITY the above named
Plaintiff, which is a corporation created under, and by virtue of the laws of the State ofNew York;
h has read the foregoing Verified Complaint and the same is true to the knowledge of the
deponent except as to the matters therein stated to be alleged on information and belief, and as to
those matters he believes it to be true.
NASSAU HEALTH CARE
CORPORATION, As Owner and Operator
of, A. HOLLY PATTERSON EXTENDED
O FACILITY
By: .-( .
1 rint N e: Ù in) . Av
spn1,
trCo .
Title:
Sworn to be re me this b
day of (it , 2024.
No. 01LO0005871
Qualified in Nassau County
commissionentes Ap817.2027
ABRAMSFENSTEB4AN.LLP
3DakotaDrive- Suko300
N )32 O
6 of 7
FILED: NASSAU COUNTY CLERK 05/07/2024 05:07 PM INDEX NO. 608004/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
NASSAU HEALTH CARE CORPORATION, As Owner
and Operator of, A. HOLLY PATTERSON
EXTENDED CARE FACILITY,
Plaintif
-against-
LOUIS GERACE a/k/a LOUIS M. GERACE,
Defendant.
---=----=======-=--===============_--====--===================
SUMMONS AND VERIFIED COMPLAINT
=================-=--=-=====-=========================-=====----===
ABRAMS FENSTERMAN, LLP
Attorneys for Plaintiff
3 DAKOTA DRIVE
SUITE 300
LAKE SUCCESS, NEW YORK 11042-1034
Tel. No. (516) 328-2300
Fax No. (516) 328-6638
7 of 7
Preview
FILED: NASSAU COUNTY CLERK 05/07/2024 05:07 PM INDEX NO. 608004/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _______-------___--------------------------------___---..---_________Ç " NASSAU HEALTH CARE CORPORATION, As Owner and Operator of, A. HOLLY PATTERSON SUMMONS EXTENDED CARE FACILITY, Basis of Venue Defendant's Residence: Plaintif 875 Jerusalem Avenue -against- Uniondale, NY 11553 LOUIS GERACE a/k/a LOUIS M. GERACE, Defendant. --_____________________________________------------_________________Ç TO THE ABOVE NAME DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiff's attorney within twenty (20) days after the service of this summons, exclusive of the date of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case f ur failure to appear or answer, judgment will be taken agains by default for the d man ed in the complaint. Dated: April 26, 2024 AB MS FENSTERMAN, LLP Lake Success, New York torneys for Plaintif y: NICHOLAS CORONA JR., . Defendant's Address: to NYCRR ursuant § 130-1-1.a: 3 akota Drive - Suite 300 LOUIS GERACE Lake Success, New York 11042 a/k/a 1 . GERACE (516) 328-2300 LOUIS 875 Jerusalem Avenue NYC DCA License No.: 2101359-DCA NY 11553 File No.: 109193.4554 Uniondale, "Please be advised that this firm is a debt collector and this is an attempt to collect a debt. purpose." Any information obtained will be used for that 1 of 7 FILED: NASSAU COUNTY CLERK 05/07/2024 05:07 PM INDEX NO. 608004/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ________-----_______________----------------------------___________-Ç NASSAU HEALTH CARE CORPORATION, As Owner · Index No " and Operator of, A. HOLLY PATTERSON EXTENDED CARE FACILITY, VERIFIED COMPLAINT Plaintif -against- LOUIS GERACE a/k/a LOUIS M. GERACE, Defendant. --------------______________-____________............._____..____________Ç Plaintiff, above named, by its attorneys, ABRAMS FENSTERMAN, LLP, complaining of the Defendant, above named, respectfully sets forth and alleges: 1. At all times hereinafter mentioned, Plaintiff, NASSAU HEALTH CARE CORPORATION, As Owner and Operator of, A. HOLLY PATTERSON EXTENDED CARE FACILITY ("A. HOLLY"), is a corporation duly organized and existing under and by virtue of the laws of the State of New York, and is engaged in the business of providing skilled nursing home care services, at the premises located at 875 Jerusalem Avenue, Uniondale, NY 11553. 2. That LOUIS GERACE a/k/a LOUIS M. GERACE ("RESIDENT"), resides at 875 Jerusalem Avene, Uniondale, NY 11553. AS AND FOR A FIRST CAUSE OF ACTION "1" 3. Plaintiff i·epeats and realleges each and every allegation contained in paragraphs "2" through above with the same force and effect as if same were more fully set forth at length herein. 4. During the time period from August 30, 2022 through the present, A. HOLLY provided and continues to provide room, board and skilled nursing care services to the RESIDENT. ABRAMS FENSTERMAN,LLP 3 DakotaDrive- Suite300 LakeSuccess,NY I 1042 Tel.No.(516)328-2300 2 of 7 FILED: NASSAU COUNTY CLERK 05/07/2024 05:07 PM INDEX NO. 608004/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 5. The RESIDENT accepted and continues to accept the care and services rendered by A. HOLLY. 6. Said services were rendered at the reasonable value of $48,510.00 through March 31, 2024, which sum continues to accrue. 7. A. HOLLY always had an expectation of receiving payment from the RESIDENT for the care and services it rendered and continues to render to the RESIDENT. **3855.1 8. The RESÍDENT's account number with Plaintiff is 9. Plaintiff is the original creditor and has always owned this debt. 10. No payment has been made by or on behalf of the RESIDENT for the room, board and skilled nursing care and services rendered by the Plaintiff. 11. By reason of the room, board and skilled nursing care and services rendered by A. HOLLY to the RESIDENT, there remains due and owing to A. HOLLY, from the RESIDENT, in the sum of $48,510.00, through March 31, 2024, which sum continues to accrue. AS AND FOR A SECOND CAUSE OF ACTION "1" 12. Plaintiff repeats and realleges each and every allegation contained in paragraphs "11" through above with the same force and effect as if same were more fully set forth at length herein. 13. The RESIDENT has been unjustly enriched as a result of receiving care and services from A. HOLLY without making payment therefor. 14. By reason of the RESIDENT's unjust enrichment, the RESIDENT is liable to A. HOLLY in the sum of $48,510.00, through March 31, 2024, which sum continues to accrue. 1 protocols. The RESIDENT's account number has been redacted for purposes of E-Filing ABRAMS FENSTERMAN,LLP 3 DakotaDrive - Suite300 LakeSuccess,NY 11042 Tel. No. (516)328-2300 3 of 7 FILED: NASSAU COUNTY CLERK 05/07/2024 05:07 PM INDEX NO. 608004/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 AS AND FOR A THIRD CAUSE OF ACTION "1" 15. Plaintiff repeats and realleges each and every allegation contained in paragraphs "14" through above with the same force and effect as if same were more fully set forth at length herein. 16. On or about August 30, 2022, the RESIDENT signed an admission agreement ("AGREEMENT") with A. HOLLY. 17. Pursuant to the AGREEMENT, the RESIDENT undertook the obligation to remit payment and /or secure payment from third party payors to meet the RESIDENT's obligations to the Plaintiff. 18. From on or about August 30, 2022 through the present, the RESIDENT received room, board and skilled nursing care services from A. HOLLY. 19. By reason of the RESIDENT's default and breach of the AGREEMENT, A. HOLLY has suffered damages in the sum of $48,510.00, through March 31, 2024, which sum continues to accrue. WHEREFORE, Plaintiff, NASSAU HEALTH CARE CORPORATION, As Owner and Operator of, A. HOLLY PATTERSON EXTENDED CARE FACILITY, demand s judgment against the Defendant, LOUIS GERACE a/k/a LOUIS M. GERACE, as follows: a. On the First Cause of Action, in the amount of $48,510.00, plus a further assessment of damages, plus interest from March 31, 2024; b. On the Second Cause of Action, in the amount of $48,510.00, plus a further assessment of damages, plus interest from March 31, 2024; c. On the Third Cause of Action, in the amount of $48,510.00, plus a further assessment of damages, plus interest from March 31, 2024; ABRAMS FENSTERMAN,LLP 3 DakotaDrive - Suite300 LakeSuccess,NY 11042 Tel No. (516)328.2300 4 of 7 FILED: NASSAU COUNTY CLERK 05/07/2024 05:07 PM INDEX NO. 608004/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 d. The costs and disbursements of this action, together with such other and further relief as this Court may deem just, proper, and equitable. Dated: April 26, 2024 Lake Success, New York AB S FENSTERMAN, LLP B . CHOLAS CORONA JR., . Dakota Drive, Suite 300 Lake Success, NY 11042 516-328-2300 File No.: 109193.4554 ABRAMS FENSTERMAN,LLP 3 DakotaDrive - Suite300 Lake Success,NY I1042 Tel. No. (516) 328-2300 5 of 7 FILED: NASSAU COUNTY CLERK 05/07/2024 05:07 PM INDEX NO. 608004/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 109193.4554 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF 453R(4 ) fÇ . AIHn C- XY jDû tG . , being duly sworn, deposes and says is the ff TVfr LF/4l.hffEEAof NASSAU HEALTH CARE CORPORATION, As Owner And Operator of, A. HOLLY PATTERSON EXTENDED CARE FACILITY the above named Plaintiff, which is a corporation created under, and by virtue of the laws of the State ofNew York; h has read the foregoing Verified Complaint and the same is true to the knowledge of the deponent except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true. NASSAU HEALTH CARE CORPORATION, As Owner and Operator of, A. HOLLY PATTERSON EXTENDED O FACILITY By: .-( . 1 rint N e: Ù in) . Av spn1, trCo . Title: Sworn to be re me this b day of (it , 2024. No. 01LO0005871 Qualified in Nassau County commissionentes Ap817.2027 ABRAMSFENSTEB4AN.LLP 3DakotaDrive- Suko300 N )32 O 6 of 7 FILED: NASSAU COUNTY CLERK 05/07/2024 05:07 PM INDEX NO. 608004/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU NASSAU HEALTH CARE CORPORATION, As Owner and Operator of, A. HOLLY PATTERSON EXTENDED CARE FACILITY, Plaintif -against- LOUIS GERACE a/k/a LOUIS M. GERACE, Defendant. ---=----=======-=--===============_--====--=================== SUMMONS AND VERIFIED COMPLAINT =================-=--=-=====-=========================-=====----=== ABRAMS FENSTERMAN, LLP Attorneys for Plaintiff 3 DAKOTA DRIVE SUITE 300 LAKE SUCCESS, NEW YORK 11042-1034 Tel. No. (516) 328-2300 Fax No. (516) 328-6638 7 of 7