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PREMIER PHYSICIAN, LLC v. MARO

DOCKET NO. A-1152-20.

256 A.3d 1069 (2021)

468 N.J. Super. 182

PREMIER PHYSICIAN NETWORK, LLC, Plaintiff-Respondent, v. Robert MARO, Jr., M.D., Defendant-Appellant. Premier Physician Network, LLC, Plaintiff-Respondent, v. Timothy Shack, M.D., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 26, 2021.

Attorney(s) appearing for the Case

Peter M. Rhodes argued the cause for appellants (Cahill, Wilinski, Rhodes & Joyce, PA, attorneys; Peter M. Rhodes , on the brief).

Robert G. Kenny , New Brunswick, argued the cause for respondent (Hoagland, Longo, Moran, Dunst & Doukas, LLP, attorneys; Michael J. Baker , New Brunswick, of counsel; Richard J. Mirra , New Brunswick, on the brief).

Before Judges Fisher, Moynihan, and Gummer.

The opinion of the court was delivered by

Because the court misinterpreted statutory law1 in determining a draft operating agreement was the operating agreement of a limited liability company (LLC), and because a genuine issue of material fact exists as to whether and when...

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