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NEUROLOGICAL SERVICES OF QUEENS, P.C. v. FARMINGVILLE FAMILY MEDICAL CARE, PLLC

63 A.D.3d 703 (2009)

879 N.Y.S.2d 731

NEUROLOGICAL SERVICES OF QUEENS, P.C., Respondent, v. FARMINGVILLE FAMILY MEDICAL CARE, PLLC, et al., Defendants, and VASILIKI KADIANAKIS, Also Known as KIKI KADIANAKIS, Appellant.

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

Decided June 2, 2009.

Ordered that the order is reversed, on the law, with costs, and the motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against the appellant is granted.

The Supreme Court erred in converting the motion of the defendant Vasiliki Kadianakis, D.O., also known as Kiki Kadianakis, D.O., pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against her into one for summary judgment without providing notice to the parties...

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