Landlord seeks to evict operator of NuVista Living rehab center
Chatsworth at Wellington Green owes more than
Without a receiver in place, "the facility would have no licensed and certified operator and could close" when Chatsworth is evicted, according to an ARHC court filing. But a receiver could keep NuVista residents in place instead of having to move them to another facility, which could traumatize elderly or sick patients, leading to depression or death, ARHC said in court documents.
Chatsworth is owned by
Neither Fago nor Walczak responded to emailed requests for comment for this article. Their attorney,
NuVista Living at Wellington Green was the subject of an article earlier this year by the
The state
On Wednesday, agency spokeswoman
Fago is a former real estate broker who began buying nursing homes in the 1990s. She built a large company, Home Quality Management, and later sold it for an undisclosed amount. In 2004, the Post detailed a history of lawsuits against Fago, all of which have been resolved. Late payroll taxes associated with another Fago company also were resolved.
Fago, who lives in a
In 2009, Fago, Walczak and several investors formed NuVista, a luxury rehabilitation and assisted living company. NuVista opened the
During the past few years, lawsuits and
PHP Employment Services, Fago and Walczak's payroll company, owes the
Meanwhile, real estate developer E. Llywd Ecclestone Jr. in June won a lawsuit against Fago and
These debts are in addition to payroll issues that prompted NuVista employees to complain about bounced and late paychecks and periodic unpaid premiums to their health insurance company.
In a day-long interview in April, Fago and Walczak said a promised refinance of at least
The federal reimbursement issue also is the basis of Chatsworth's defense in the lawsuit by ARHC, which was filed in June, court records show.
In a
Chatsworth said that within a year of signing its lease with ARHC at
But ARHC said in court papers that force majeure isn't a valid argument, especially since the lease excludes general economic conditions as the type of event that would qualify.
In addition to poking holes in Chatsworth defense, ARHC filed a court document that complains about Chatsworth dragging out the litigation by repeatedly asking for extra time, "just as (Chatsworth) has refused to pay millions of dollars to (ARHC) for well over a year."
IF ARHC sounds frustrated, it is.
In addition to buying NuVista Living in
The buildings are painted and the property is landscaped, but the property is a ghost town, devoid of employees, residents or patients.
NuVista and another Fago/Walczak entity,
ARHC blames
In recent months, both Scripps and
But now that the Institute is built, ARHC can't open it because there is no research component. Research was a key condition of approval by the town of
ARHC wants to be excused from the research and medical requirement and is expected to go before the town of
As for NuVista Living at
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