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MATTER OF NORTHERN MANOR MULTICARE CENTER, INC. v. DAINES

2009-00856.

67 A.D.3d 913 (2009)

888 N.Y.S.2d 422

2009 NY Slip Op 08622

In the Matter of NORTHERN MANOR MULTICARE CENTER, INC., Appellant, v. RICHARD F. DAINES et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 17, 2009.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, the Supreme Court did not err in dismissing the purported proceeding. It is not, as the petitioner contends, a proceeding whose main thrust is to overturn a rate determination by the respondents. Rather, the essential nature of the petitioner's claim is to enforce a stipulation of settlement it made with the respondents and to recover damages for the breach thereof. Accordingly...

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