19-3206 Oriska Ins. Co. v. Avalon Gardens Rehabilitation & Health Care Center, LLC
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York on the 22nd day of October, two thousand twenty.
Present: ROSEMARY S. POOLER, RAYMOND J. LOHIER, JR. WILLLIAM J. NARDINI, Circuit Judges. _____________________________________________________
ORISKA INSURANCE COMPANY,
Plaintiff-Appellant,
v. 19-3206
AVALON GARDENS REHABILITATION & HEALTH CARE CENTER, LLC, DBA BROOKSIDE MULTICARE NURSING CENTER, DBA OPTIMA CARE SMITHTOWN, LLC, BAY PARK CENTER NURSING & REHABILITATION, LLC, BROOKHAVEN REHABILITATION & HEALTH CARE CENTER, EASTCHESTER REHABILITATION & HEALTH CARE CENTER, LLC, GARDEN CARE CENTER, INC., GOLDEN GATE REHABILITATION & HEALTH CARE CENTER, LLC, LITTLE NECK CARE CENTER, LLC, LITTLE NECK NURSING HOME, LLC, NASSAU OPERATING COMPANY, LLC, DBA NASSAU EXTENDED CARE FACILITY AND NASSAU REHABILITATION AND NURSING CENTER/KINGSBRIDGE HEIGHTS RECEIVER, LLC, NEW SURFSIDE NURSING HOME, LLC, NORTH SEA ASSOCIATES, LLC, DBA THE HAMPTONS CENTER FOR REHABILITATION AND NURSING, PARK AVENUE OPERATING COMPANY, LLC, DBA PARK AVENUE EXTENDED CARE FACILITY, PINEGROVE MANOR II, LLC, DBA GRACE PLAZA NURSING AND REHABILITATION CENTER, THROGS NECK OPERATING COMPANY, LLC, DBA THROGS NECK EXTENDED CARE FACILITY, TOWNHOUSE OPERATING COMPANY, LLC, DBA TOWNHOUSE CENTER FOR REHABILITATION & NURSING, WILLOUGHBY REHABILITATION & HEALTH CARE CENTER LLC, DBA SPRING CREEK REHABILITATION & NURSING CARE CENTER, WOODMERE REHABILITATION & HEALTH CARE CENTER, INC., DBA FIVE TOWNS PREMIER REHABILITATION AND NURSING, NISKAYUNA OPERATING CO LLC, DBA PATHWAYS NURSING & REHABILITATION CENTER, PARKVIEW CARE AND REHABILITATION CENTER, INC., BENT PHILIPSON, AS THE PRINCIPAL PARTNER IN CONTROL OF SENTOSACARE, LLC A/K/A SENTOSA GROUP, SENTOSACARE, LLC, SAMUEL SCHLESINGER, INDIVIDUALLY AND AS PRINCIPAL PARTNER AND AS OFFICER, DIRECTOR AND OWNER OF ALLSTATE ASO, INC. AND ALLSTATE ADMINISTRATORS, LLC, ALLSTATE ADMINISTRATORS, LLC, AKA ALLSTATE ASO, LLC, ISAAC MULLER, INDIVIDUALLY AND AS AN AGENT FOR THE DEFENDANTS HEREIN NAMED, BAYVIEW MANOR LLC, DBA SOUTH POINT PLAZA NURSING AND REHABILITATION CENTER, SHOREFRONT OPERATING, LLC, DBA SEAGATE REHABILITATION & HEALTHCARE CENTER, WHITE PLAINS CENTER FOR NURSING, LLC,
Defendants-Appellees. 1 _____________________________________________________
Appearing for Appellant: Frank Policelli, Utica, NY.
Daniel Hitzke, Hitzke & Ferran, LLP, Long Beach, CA (on the brief).
Appearing for Appellees: Christopher E. Buckey, Cullen & Dykman LLP (Timothy A. Chorba, Nicholas J. Faso, on the brief), Albany, NY.
Ira S. Lipsius, Lipsius-BenHaim Law LLP, Kew Gardens, NY (on the brief).
Appeal from the United States District Court