Order affirmed, with $50 costs and disbursements to plaintiffs.
The complaint sets forth a legally sufficient cause of action for repayment by defendant, pursuant to the parties' agreement, of charges paid him by plaintiffs for rehabilitative services furnished to their Medicare patients, which charges were subsequently disallowed by the fiscal intermediary upon final audit (thus, plaintiffs would not be reimbursed by the government). However, the existence of triable...
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