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RUZHINSKAYA v. HEALTHPORT TECHNOLOGIES, LLC

Docket No. 18-1034-cv August Term, 2018.

942 F.3d 69 (2019)

Tatyana RUZHINSKAYA, as Administratix of the Estate of Marina Rochniak, Deceased, on behalf of themselves and all others similarly situated, Plaintiff-Appellant, v. HEALTHPORT TECHNOLOGIES, LLC, Defendant-appellee, Beth Israel Medical Center, Defendant.

United States Court of Appeals, Second Circuit.

Decided: November 1, 2019.

Attorney(s) appearing for the Case

MATHEW P. JASINSKI , Motley Rice LLC, Hartford, CT, for Plaintiff-Appellant Tatyana Ruzhinskaya.

JAY P. LEFKOWITZ ( Nathaniel J. Kritzer , on the brief), Kirkland & Ellis LLP, New York, N.Y. ( Scott R. Emery , Lynch Daskal Emery LLP, New York, N.Y.; Rebecca Brazzano , Seth A. Litman , Thompson Hine LLP, New York, N.Y., on the brief), for Defendant-Appellee Health-Port Technologies, LLC.

Before: KEARSE, WINTER, and POOLER, Circuit Judges.

This Court anticipates certifying to the New York Court of Appeals issues of statutory interpretation as to New York Public Health Law § 18 and wishes to avoid multiple, unnecessary proceedings. Accordingly, we vacate the grant of summary judgment and remand the case to the district court with instructions to reinstate...

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