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SAMSON MCA LLC v. JOSEPH A. RUSSO M.D. P.C./IV THERAPEUTICS PLLC

457 CA 23-00008.

219 A.D.3d 1126 (2023)

2023 NY Slip Op 04271

Samson MCA LLC, Respondent, v. Joseph A. Russo M.D. P.C./IV Therapeutics PLLC, Doing Business as Aspire Med Spa, et al., Defendants, and Marco V. Beatrice, Appellant. KHC LLC, Nonparty. (Appeal No. 2.).

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

Decided August 11, 2023.

Attorney(s) appearing for the Case

AMOS WEINBERG, GREAT NECK, FOR DEFENDANT-APPELLANT.

R3M LAW, LLP, NEW YORK CITY (HOWARD A. MAGALIFF OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Peradotto, Curran, Montour and Ogden, JJ.

Appeal from a judgment of the Supreme Court, Ontario County (J. Scott Odorisi, J.), entered May 10, 2022. The judgment awarded plaintiff money damages.

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

Memorandum: In appeal No. 1, defendant Marco V. Beatrice appeals from an order granting plaintiff's motion for summary judgment on the complaint and denying defendants' cross-motion for summary judgment dismissing...

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