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Castellanos v. United Cerebral Palsy Assn. of Greater – Case Brief Summary (New York)

In Castellanos v. United Cerebral Palsy Assn. of Greater, 77 AD3d 879, 909 N.Y.S.2d 757 (2010), the Court was faced with the issue of whether to apply the exemption to a house that was being used as a group home for six disabled individuals who lived together as a family unit.

The Court held the exemption should apply based upon the defendant's arguments that under the Mental Hygiene Law § 41.34 f the house was to be considered as a single family residence and that the home was not an income-producing property, as any commercial benefit the nonprofit defendant may have obtained from Medicare, Medicaid, or Social Security was ancillary to the residential purpose of the home (Castellanos v. United Cerebral Palsy Assn. of Greater, 77 AD3d 879, 909 N.Y.S.2d 757).