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GRECO v. SYRACUSE ASC, LLC

228 CA 22-01218.

218 A.D.3d 1156 (2023)

193 N.Y.S.3d 511

2023 NY Slip Op 03987

Gretchen Greco, Individually and on Behalf of All Others Similarly Situated, Respondent, v. Syracuse ASC, LLC, Doing Business as Specialty Surgery Center of Central New York, Appellant. (Appeal No. 1.)

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP, WHITE PLAINS (MELISSA A. MURPHY-PETROS OF COUNSEL), FOR DEFENDANT-APPELLANT.

FINKELSTEIN, BLANKENSHIP, FREI-PEARSON & GARBER, LLP, WHITE PLAINS (DOUGLAS G. BLANKENSHIP OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Lindley, Curran and Ogden, JJ.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered June 28, 2022. The order, insofar as appealed from, denied the motion of defendant to dismiss the complaint.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion to dismiss the complaint is granted and the complaint is dismissed.

Memorandum: Plaintiff commenced this putative class action seeking...

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