NJ Appellate Division Opinions 1-8-14

January 8, 2015

The Court released one published opinion this morning: WILSON BERMUDEZ VS. KESSLER INSTITUTE FOR REHABILITATION (L-4077-12, UNION COUNTY AND STATEWIDE).  The Court reversed the Law Division in a case involving claims alleging violations of the Nursing Home Responsibilities and Rights of Residents Act (Nursing Home Act), N.J.S.A. 30:13-1 to -17.   Kessler appealed its motion for reconsideration as well as motion for reconsideration.  

 

The Court held: A comprehensive rehabilitation hospital, such as Kessler's West

Facility, is not a "nursing home" within the meaning of N.J.S.A. 30:13-2(c) and, as a consequence, is not subject to the provisions of the Nursing Home Act.3 We reverse the motion judge's denial of summary judgment on that issue and remand for entry of summary judgment as to all claims premised on the

Nursing Home Act. A copy of the Court's opinion is available here: 

 

 

The Court also released the following unpublished opinions. Copies are available here: 

 

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