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WILDER v. FRESENIUS MEDICAL CARE HOLDINGS, INC.

9260. 100841/18.

175 A.D.3d 406 (2019)

106 N.Y.S.3d 54

2019 NY Slip Op 06054

Nicholas Wilder, Appellant, v. Fresenius Medical Care Holdings, Inc., Doing Business as Fresenius Medicare Care North America, et al., Respondents.

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

Decided August 6, 2019.

The motion court abused its discretion when it vacated the temporary restraining order (TRO) which it had imposed on June 25, 2018, and never held a hearing on the preliminary injunction requested, in view of the substantial issues of disputed fact raised by the parties' motion and cross motion papers.

Plaintiff suffers from end stage renal disorder, for which he must receive dialysis three times a week in order to survive...

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