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GLASSMAN v. PROHEALTH AMBULATORY SURGERY CENTER, INC.

23 A.D.3d 523 (2005)

804 N.Y.S.2d 263

KEVIN GLASSMAN, Respondent, v. PROHEALTH AMBULATORY SURGERY CENTER, INC., et al., Appellants.

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

November 21, 2005.

Ordered that the orders are affirmed, with one bill of costs.

Contrary to the contention of the defendants, the new facts provided on their motion for leave to renew did not establish that a particular provision of an employment agreement, which formed the basis for most of their proposed counterclaims, was enforceable (see Glassman v ProHealth Ambulatory Surgery Ctr., Inc., 23 A.D.3d 522

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