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Center for Rehabilitation and Healthcare at Dutchess LLC d/b/a The Grand Rehabil...

Docket 2022-53848, New York State, Dutchess County, Supreme Court (Dec. 1, 2022)
Case TypeCommercial - Contract
TagsCommercial, Civil, Contract
Plaintiff Center for Rehabilitation and Healthcare at Dutchess LLC d/b/a The Grand Rehabilitation and Nursing at Pawling
Defendant Lucia S. Elluzzi
Defendant Sandra Elluzzi
...
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DECISION + ORDER ON MOTION (Motion #2)

Document Center for Rehabilitation and Healthcare at Dutchess LLC d/b/a The Grand Rehabilitation and Nursing at Pawling v. Lucia S. Elluzzi et al, 2022-53848, 24 (N.Y. Sup. Ct., Dutchess County Dec. 7, ...
for skilled nursing home care services furnished to Defendant Lucia S. Elluzzi commencing in April 2019.
"Whether an excuse is reasonable is a determination within the sound discretion of the court" "In (Horio Realty Corp. v Hunts Point Flower Mh., Inc., 181 AD3d 571, 572 [2d Dept 2020]).
making that discretionary determination, the court should consider relevant factors, such as the extent of the delay, prejudice or lack of prejudice to the opposing party, whether there has been willfulness, and the strong public policy in favor of resolving cases on the merits" (Stango v Byrnes, 200 AD3d 821 [2d Dept 2021] [internal quotation omitted]).
Additionally, Defendants remain in default despite being served with the amended complaint, and Plaintiff promptly moved to vacate the dismissal ordered eight days after it was entered.
v Essaghoj, 178 AD3d 876 [2d Dept 2019]), the strong public policy favoring resolution of this matter on the merits, as well as the lack of delay or prejudice to Defendants, warrant vacatur of the dismissal.
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EXHIBIT(S) - G (Motion #2) Dismissal Order

Document Center for Rehabilitation and Healthcare at Dutchess LLC d/b/a The Grand Rehabilitation and Nursing at Pawling v. Lucia S. Elluzzi et al, 2022-53848, 23 (N.Y. Sup. Ct., Dutchess County Oct. 6, 2...
By Decision and order dated July 13,2023 this Court set a preliminary conference which was to be held today at 9:15 a.m. No one appeared on behalf of Plaintiff nor on behalf of either Defendant.
Thereailer, this Court issued a Conditional Order of Dismissal indicating that no later than September 27, 2023 counsel for Plaintiff, and either counsel for Defendants or the defendants pr.o se,'wereto submit a preliminary conference stipulation fully executed in the form provided and e-filed with the order or all parties and counsel were to appear for a conference before this court on September 28,2023 at 9:15 a.m.. and that faiting that, this action would be dismissed No one appeared on this case this moming.
The parties and counsel are admonished and given notice that disregard of this Court's orders, and/or the failure to exercise common courtesy by with the Court and failing to appear at scheduled appearances, all of which inevitably ,.rultt in the unnecessary expenditure of Court resources, may result in the imposition "ommrrniclating of financial sanctions.
Scanned to the E-File System only Pursuant to CPLR $5513, an appeal as ofright must be taken within thirty days after service by a party upon the appellant of a copy of the judgment or order appealed from and written notice of its el1try, except that when the appellant has served a copy ol the judgmenl or order and written notice of its entry.
the appeal must be taken within thirty days thereoL Law Office of Simon P. Wercberger.
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EXHIBIT(S) - C (Motion #2) Decision and Order

Document Center for Rehabilitation and Healthcare at Dutchess LLC d/b/a The Grand Rehabilitation and Nursing at Pawling v. Lucia S. Elluzzi et al, 2022-53848, 19 (N.Y. Sup. Ct., Dutchess County Oct. 6, 2...
Maria G. Rosa, Justice CENTER FOR REHABILITA nON AND HEAL THCARE AT DUTCHESS LLC d/b/a THE .
Index No.: 2022-53848 ¥otion Sequence: 1 The following papers were read and considered on Plaintiffs motion for leave to serve an amended complaint: .
: , 3 .4-7 the sum of Plaintiff commenced this action on December 1, 2022, seeking to recover $98,864.00 allegedly due for skilled nursing home care services furnished to Defendant Lucia S. Elluzzi between April 2019 and the present.
Plaintiff now moves for leave to serve an amended complaint to add an additional defendant.
Scanned to the E-File System only to CPLR 95513, an appeal as ofright must be taken within thirty days after service by a Pursuant party upon the appellant of a copy of the judgment or order appealed from and written notice of its entry, except that when the appellant has served a copy of the judgment or order and written notice of its entry, the appeal must be taken within thirty days thereof.
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ORDER - DISMISSAL

Document Center for Rehabilitation and Healthcare at Dutchess LLC d/b/a The Grand Rehabilitation and Nursing at Pawling v. Lucia S. Elluzzi et al, 2022-53848, 13 (N.Y. Sup. Ct., Dutchess County Sep. 29...
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ORDER - DISMISSAL

Document Center for Rehabilitation and Healthcare at Dutchess LLC d/b/a The Grand Rehabilitation and Nursing at Pawling v. Lucia S. Elluzzi et al, 2022-53848, 11 (N.Y. Sup. Ct., Dutchess County Sep. 14...
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Document Center for Rehabilitation and Healthcare at Dutchess LLC d/b/a The Grand Rehabilitation and Nursing at Pawling v. Lucia S. Elluzzi et al, 2022-53848, 12 (N.Y. Sup. Ct., Dutchess County Sep. 14...

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DECISION + ORDER ON MOTION (Motion #1)

Document Center for Rehabilitation and Healthcare at Dutchess LLC d/b/a The Grand Rehabilitation and Nursing at Pawling v. Lucia S. Elluzzi et al, 2022-53848, 9 (N.Y. Sup. Ct., Dutchess County Jul. 14, 2...
Maria G. Rosa, Justice CENTER FOR REHABILITA nON AND HEAL THCARE AT DUTCHESS LLC d/b/a THE .
Index No.: 2022-53848 ¥otion Sequence: 1 The following papers were read and considered on Plaintiffs motion for leave to serve an amended complaint: .
: , 3 .4-7 the sum of Plaintiff commenced this action on December 1, 2022, seeking to recover $98,864.00 allegedly due for skilled nursing home care services furnished to Defendant Lucia S. Elluzzi between April 2019 and the present.
Plaintiff now moves for leave to serve an amended complaint to add an additional defendant.
Scanned to the E-File System only to CPLR 95513, an appeal as ofright must be taken within thirty days after service by a Pursuant party upon the appellant of a copy of the judgment or order appealed from and written notice of its entry, except that when the appellant has served a copy of the judgment or order and written notice of its entry, the appeal must be taken within thirty days thereof.
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