Judges Tosses Restraining Order In Hudson County Hospital War

SECAUCUS, NJ — The saga continues in the Hudson County Hospital war, as Monday a judge denied CarePoint's request for a restraining order against Yan Moshe, the owner of the Secaucus hospital.

Moshe, who owns the 300-bed Hudson Regional in Secaucus, seeks to take over operations at the Hoboken hospital and Bayonne Medical Center. He also says he is in contract to buy the land on which the two hospitals sit, a claim CarePoint disputes.

As we told you previously, CarePoint filed the restraining order Thursday against Moshe and his top doctor, Dr. Nizar Kifaieh, seeking to block them from any future involvement in negotiations involving the sale of the two hospitals.

But Hudson County Superior Court Judge Jeffrey Jablonski threw out the restraining order yesterday and instead ordered that the dispute be settled in court, setting a trial date for February 15, 2021.

Before it filed for bankruptcy last November, CarePoint used to own the Hoboken and Bayonne hospitals. CarePoint wants to sell both hospitals to a limited liability corporation called BMC Hospital LLC, composed of Wayne Hatami, Anthony Degradi, Feliks Kogan and Gregg Rock of DMC, a subsidiary of Surgicorps.

However, Alaris Health nursing home owner Avery Eisenreich, who owns the land on which both hospitals sit and even owns some stake in both hospitals, worked out a separate deal to sell the land to Moshe.

Hudson County mayors band together against Moshe; call for eminent domain

And Hudson County Executive Tom DeGise is also now getting involved, as he sent a letter to Governor Phil Murphy and Department of Health Commissioner Judy Persichelli last Friday. DeGise is not just asking Murphy to merely intervene in the dispute; he is asking if the state can possibly seize the Hoboken and Bayonne hospitals via eminent domain.

The state of New Jersey should do a “possible exercise of eminent domain power to acquire the facilities to provide for stable, long-term acute medical services," DeGise wrote in his letter.

Bayonne Mayor Jimmy Davis, Jersey City Mayor Steve Fulop, Hoboken Mayor Ravi Bhalla and Union City Mayor Brian Stack all signed the letter.

Secaucus Mayor Mike Gonnelli, seen as a Moshe ally, did not sign the letter.

Hudson Regional Hires Former Jersey City Medical Center CEO

Hudson Regional said Monday it was "gratified" with Judge Jablonksi's decision to toss the restraining order and set a trial date.

"We have long been confused by why it is so urgently important in the midst of a pandemic that CarePoint sell its Bayonne operations to BMC Hospital LLC, which has no experience operating an acute-care facility, and commence expensive and frivolous litigation rather than accept an equal offer from Hudson Regional," said Hudson Regional in a statement.

Despite the fact that its ownership claims are being disputed in court, Hudson Regional is moving full-steam ahead with its takeover of the Hoboken and Bayonne hospitals, hiring Joe Scott as its "Chief Transition Officer."

Scott is a familiar name in Hudson County healthcare: He was the CEO of Jersey City Medical Center from 2008 to 2018, overseeing when the urban hospital was purchased by the RWJ Barnabas network.

Initial Patch report: Secaucus Hospital Owner Fights To Buy Bayonne, Hoboken Hospitals (June 5)