ERK M.D. v. HEALTHNOW NEW YORK, INC.


305 A.D.2d 1120 (2003)

758 N.Y.S.2d 565

MEHMET ERK, M.D., et al., Appellants, v. HEALTHNOW NEW YORK, INC., et al., Respondents.

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

Decided May 2, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

As limited by their brief, plaintiffs appeal from that part of an order denying their cross motion seeking leave to serve a third amended complaint. Supreme Court properly determined that the allegations of fraud contained in the proposed third amended complaint relate to defendants' alleged breach of the obligations under the contracts...

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