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McLAUGHLIN v. ORTHOPEDIC & SPORTS MEDICINE, P.C.

59 A.D.3d 687 (2009)

874 N.Y.S.2d 209

JOHN A. McLAUGHLIN, Respondent, v. ORTHOPEDIC & SPORTS MEDICINE, P.C., et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 24, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

In opposition to the defendants' prima facie showing of entitlement to judgment as a matter of law, the plaintiff raised triable issues of fact as to whether he was a shareholder of the defendant Orthopedics & Sports Medicine, P.C. (hereinafter OSM), and a member of the defendant OSM Realty, LLC (hereinafter OSM Realty), and whether he was entitled to be compensated as such upon his departure...

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