Putnam Nursing and Rehabilitation Ctr. v. Bowles

In Putnam Nursing and Rehabilitation Ctr. v. Bowles (239 A.D.2d 479, 658 N.Y.S.2d 57 [2d Dept 1997]), the Appellate Division held that a nursing home could assert claims against the defendants, who were third parties to whom a deceased resident had transferred ownership of her residence. In addition, one of the defendants had executed a "Responsible Party" agreement with the facility, agreeing to guarantee continuity of payment from the resident's funds or from third-party sources (id., at 480). Defendants obtained a loan of $ 20,000 after mortgaging the residence, but did not transfer this money to the nursing home (id.). The Appellate Division held that the defendants could be held liable to the nursing facility for both breach of contract and for a fraudulent conveyance voidable pursuant to the Debtor and Creditor Law (id., at 481).