LOBEL, M.D. v. MAIMONIDES MEDICAL CENTER


39 A.D.3d 275 (2007)

835 N.Y.S.2d 28

SUSAN M. LOBEL, M.D., Respondent-Appellant, v. MAIMONIDES MEDICAL CENTER et al., Appellants-Respondents.

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

Decided April 10, 2007.


Accepting the facts alleged in the complaint as true, and according plaintiff the benefit of every possible favorable inference (Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]), the court properly denied defendants' motion to dismiss that portion of the third cause of action seeking a declaration that plaintiff was not subject to a release allegedly procured by misrepresentation. A release...

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