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PHILIPS RS N. AM., LLC v. SAVARA, INC.

Index No. 650269/21 Appeal No. 17317 Case No. 2022-03713.

213 A.D.3d 506 (2023)

182 N.Y.S.3d 611

2023 NY Slip Op 00829

Philips RS North America, LLC, Formerly Known as Respironics, Inc., Respondent, v. Savara, Inc., Formerly Known as Mast Therapeutics, Inc., Defendant, and Aires Pharmaceuticals, Inc., Appellant.

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

Decided February 14, 2023.

Attorney(s) appearing for the Case

Slarskey LLC, New York (Renee Bea of counsel), for appellant.

Saiber LLC, New York (Marc E. Wolin of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Kern, Singh, Scarpulla, JJ.

Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered July 13, 2022, which, in accordance with CPLR 3212(f), denied defendant Aires Pharmaceuticals, Inc.'s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant's summary judgment motion was premature, as there was outstanding discovery with respect to a potential alter ego relationship between defendant and another corporate entity (see Wilson v Yemen...

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