BARATTA v. FLASHNER MEDICAL PARTNERSHIP


303 A.D.2d 530 (2003)

756 N.Y.S.2d 455

VINCENT J. BARATTA, Appellant, v. FLASHNER MEDICAL PARTNERSHIP et al., Respondents.

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

Decided March 17, 2003.


Ordered that the judgment is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The defendants met their burden of establishing their entitlement to judgment as a matter of law by demonstrating that the contractual provision that the plaintiff sought to enforce was illegal and unenforceable in light of 42 USC § 1320a-7b (b) (1) (A) (see Blum v Drucker, 240...

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