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MERCADO v. SCHWARTZ

2019-01617. Index No. 64748/14.

209 A.D.3d 30 (2022)

174 N.Y.S.3d 82

2022 NY Slip Op 04962

TIFFANY MERCADO et al., Respondents, v. BENJAMIN M. SCHWARTZ, M.D., et al., Appellants, et al., Defendant.

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

Decided August 17, 2022.

Attorney(s) appearing for the Case

Dorf & Nelson LLP, Rye (Anna Schwartz, Katherine W. Dandy, and John Lyddane of counsel), for appellants.

James F. Scaffidi, New York City, for respondents.

DILLON, J.P., DUFFY and GENOVESI, JJ., concur.

OPINION OF THE COURT

I. Introduction

The issue on this appeal is whether the defendants Benjamin M. Schwartz, M.D., and Island Gynecologic Oncology, PLLC (hereinafter together the defendants), may enforce a provision in an agreement that the defendant physician's receptionist asked the injured plaintiff to sign among...

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