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TUCKER v. KALOS HEALTH, INC.

1139 CA 20-01354.

202 A.D.3d 1505 (2022)

158 N.Y.S.3d 915

2022 NY Slip Op 00797

Mari Tucker, Appellant, v. Kalos Health, Inc., Doing Business as Kalos Health, et al., Respondents.

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

Decided February 4, 2022.

Attorney(s) appearing for the Case

JACKSON & BALKIN, LOCKPORT (NICHOLAS D. D'ANGELO OF COUNSEL), FOR PLAINTIFF-APPELLANT.

WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP, ALBANY (ANDREW S. HOLLAND OF COUNSEL), FOR DEFENDANT-RESPONDENT KALOS HEALTH, INC., DOING BUSINESS AS KALOS HEALTH.

MUSCATO, DI MILLO & VONA, L.L.P., LOCKPORT (GEORGE V.C. MUSCATO OF COUNSEL), FOR DEFENDANT-RESPONDENT KELLY TUCKER.

Present —Smith, J.P., Peradotto, Carni and Bannister, JJ.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action to recover damages arising from the alleged disclosure by defendant Kelly Tucker (Tucker) of plaintiff's personal medical information, which was under the control of Tucker's employer, defendant Kalos Health, Inc., doing business as Kalos Health (Kalos). Plaintiff appeals from an order and judgment that, inter alia, ...

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