Specific Performance Available for Breach of Contract to Convey Air Rights
301 East 60th Street LLC v. Competitive Solutions LLC, 2023 WL 3698582, AppDiv, First Dept. (Opinion by Gonzalez, J.)
Specific Performance Available for Breach of Contract to Convey Air Rights Challenge to Site Plan Approval Dismissed for Failure to Join a Necessary Party NYU's Challenge to Zoning Amendment Dismissed for Lack of Standing Town's Construction of Its Ordinance Was Irrational Condition on Special Permit Renewal Invalidated As Unreasonable
301 East 60th Street LLC v. Competitive Solutions LLC, 2023 WL 3698582, AppDiv, First Dept. (Opinion by Gonzalez, J.)
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The combination of increasing operating costs and uncertain government reimbursement funding continues to place health care providers under financial pressure, and in many cases, financial distress. Given the importance of Medicare/Medicaid funding of claims under provider agreements with the federal government, how courts interpret and apply the interplay between the Bankruptcy Code and Medicare Program Act determines the disposition of hundreds of millions of dollars of claims for reimbursement that support the health care system.
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