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IN THE MATTER OF HUTTON DEVELOPERS v. 346-364 WASHINGTON AVENUE CORPORATION

17 A.D.3d 977 (2005)

794 N.Y.S.2d 157

In the Matter of HUTTON DEVELOPERS, Respondent, v. 346-364 WASHINGTON AVENUE CORPORATION et al., Respondents, and BENEDICTINE HOSPITAL, as Receiver of the Hutton Nursing Home, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 28, 2005.

Rose, J.

Petitioner, as the assignee of the lessor, leased a nursing home facility to respondent 346-364 Washington Avenue Corporation (hereinafter Washington). Washington subleased the facility to Alice Hutton, who operated the nursing home for several years and then assigned her interests in it to respondent Charles A. Glessing, who had been appointed as receiver of the nursing home by the Department of Health (hereinafter DOH) in January 1983. Respondent Benedictine...

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