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McCARTHY v. BERLIN

178 A.D.2d 584 (1991)

Marlo McCarthy et al., Respondents, v. Melvin Berlin, Defendant, and David Wexler, Appellant

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

December 23, 1991

Ordered that the order is reversed insofar as appealed from on the law, with costs, that branch of the appellant's motion which was to dismiss the fifth cause of action in the complaint insofar as asserted against the appellant is granted, and the fifth cause of action is stricken as against the defendant Wexler.

"It is well settled that a breach of contract claim in relation to the rendition of medical services by a physician...

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