On August 25, 2017, Michael Farruggio, on behalf of the Estate of Theresa Farruggio, and Susan Karpen, individually and on behalf of other similarly-situated current and former residents of the Facility, filed a lawsuit entitled Farruggio et al. v. 918 James Receiver, LLC et al., Index No. 3831/2017 in the Supreme Court of Onondaga County. Plaintiffs asserted claims of negligence and under New York’s Public Health Law § 2801-d. The Court has certified the suit to be a class action. Defendants Excelerate Healthcare Services, LLC, Judy Kushner, Abraham Gutnicki, Liberty Senior Holdings, LLC, River Meadows, LLC, and Eliezer Friedman (collectively, “Defendants”) have reviewed and investigated this matter and deny any wrongdoing.
The Parties have agreed to a settlement to avoid the cost and delay of litigating the case. The settlement also ensures that the people affected will receive compensation.
Your Legal Rights and Options
Option and Deadline |
Your Legal Rights |
Submit a Claimby March 10, 2021 |
Remain in the Settlement Class, and receive a payment.
If you submit a valid Claim Form by March 10, 2021, you will receive money from the settlement and will be deemed to have released any applicable negligence or statutory claims under New York law. |
Do NothingNo Deadline |
Remain in the Settlement Class, but will not receive a payment.
If you do nothing, you will be deemed to have released any applicable negligence or statutory claims under New York law. |
Exclude Yourself or Opt Outby March 10, 2021 |
Remove yourself from the Settlement. You will not receive a payment.
If you make a valid and timely request to exclude yourself from the Settlement by sending a written, signed Opt-out Statement to the Claims Administrator by March 10, 2021, you will not receive a settlement payment but will retain all of the released claims subject to operation of the applicable statute of limitations. |
Object to the Settlementby March 10, 2021 |
Remain in the Settlement Class, but explain why the settlement is unfair.
To object you must submit a valid written objection to the settlement to the Claims Administrator postmarked by March 10, 2021 stating why you object to, or disapprove of, the settlement. If you exclude yourself from the settlement, you may not object. If you object in writing, you may also ask to speak in Court about the fairness of the settlement. You may only appear in Court to speak about the fairness of the settlement if you file a timely written objection to the settlement and if you do not exclude yourself from the settlement. Objecting to the settlement does not count as excluding yourself from the Action. |
Attend the Fairness HearingApril 22, 2021 |
You may attend the Final Approval Hearing. At the Final Approval Hearing if you plan to raise an Objection you must file a written objection no later than March 10, 2021. The Objection must state whether you plan to appear at the Final Approval Hearing, either with or without counsel. |
Dates and Deadlines
Claim Deadline
March 10, 2021
Exclusion Deadline
March 10, 2021
Objection Deadline
March 10, 2021
Fairness Hearing
April 22, 2021