Ordered that the order is affirmed insofar as appealed from, with costs.
On January 25, 2008, the petitioner commenced an action entitled MRI Enters., Inc. v Comprehensive Med. Care of N.Y., P.C., in Supreme Court, Nassau County, under index No. 1636/08 (hereinafter the underlying action), against nonparty Comprehensive Medical Care of New York, P.C. (hereinafter CMC), and the respondent, Allan Hausknecht, the president of CMC, to recover amounts due and owing...
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