Tenant Group Seeks Neighborhood Health Care Center

December 1, 2011

LVT Number: #23772

Tenants association sued the New York State Health Commissioner and asked the court to stop him from signing any contract for an urgent care center on the site of the former St. Vincent's Hospital. Tenants wanted a more comprehensive acute care center to be provided. The court ruled for tenants in part. Tenants had the right to sue as a group since at least one member had been a St. Vincent's patient. But the Public Health Law didn't require the state to approve a specific type of health care facility to be provided for every community.

Tenants association sued the New York State Health Commissioner and asked the court to stop him from signing any contract for an urgent care center on the site of the former St. Vincent's Hospital. Tenants wanted a more comprehensive acute care center to be provided. The court ruled for tenants in part. Tenants had the right to sue as a group since at least one member had been a St. Vincent's patient. But the Public Health Law didn't require the state to approve a specific type of health care facility to be provided for every community. The court wasn't authorized to require the state to provide a Level 1 health care center in the area.

Fulton Houses Tenants Association v. Daines: Index No. 105184/2010, NYLJ No. 1202532341677 (Sup. Ct. NY; 10/17/11; Wooten, J)

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