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NEUROLOGICAL SURGERY, P.C. v. MLMIC INS. CO.

2020-02575, 2020-04646. Index No. 608889/19.

208 A.D.3d 1238 (2022)

175 N.Y.S.3d 266

2022 NY Slip Op 05211

Neurological Surgery, P.C., et al., Respondents, v. MLMIC Insurance Company, Appellant.

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

Decided September 21, 2022.

Attorney(s) appearing for the Case

Wollmuth Maher & Deutsch, LLP, New York, NY (William A. Maher, Michael C. Ledley, and Robert C. Penn, Jr., of counsel), for appellant.

Hinckley, Allen & Snyder, LLP, Albany, NY (Christopher V. Fenlon, Michael L. Koenig, and Janelle P. Murnane of counsel), for respondents.

Connolly, J.P., Roman, Ford and Wan, JJ., concur.

Ordered that the order entered February 3, 2020, is reversed, on the law, the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint is granted, and the order dated June 3, 2020, is vacated; and it is further,

Ordered that the appeal from the order dated June 3, 2020, is dismissed as academic in light of our determination on the appeal from the order entered February 3, 2020; and it is further,

Ordered that one bill of costs is awarded to the...

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