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CTR FOR SPECIALTY v. CSC

653849/16. 652927/16. 11802.

187 A.D.3d 46 (2020)

130 N.Y.S.3d 7

2020 NY Slip Op 04522

CENTER FOR SPECIALTY CARE, INC., et al., Respondents, v. CSC ACQUISITION I, LLC, et al., Appellants. GARFUNKEL WILD, P.C., as Escrow Agent, Plaintiff-Stakeholder, v. CENTER FOR SPECIALTY CARE, INC., et al., Defendants-Claimants.

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

Decided August 13, 2020.

Attorney(s) appearing for the Case

Kasowitz Benson Torres LLP, New York City ( Sarmad M. Khojasteh , Marc E. Kasowitz , Daniel R. Benson and Henry B. Brownstein of counsel), for appellants.

Manatt, Phelps & Phillips, LLP, New York City ( Ronald G. Blum , Prana A. Topper and Andrew Case of counsel), for respondents.

FRIEDMAN, J.P., RENWICK, MAZZARELLI and MOULTON, JJ. concur.

OPINION OF THE COURT

This breach of contract action arises from the failed sale of an ambulatory surgical center (ASC) owned by the Center for Specialty Care (CSC or seller) to defendant CSC Acquisition I (CSC Acquisition). Plaintiff 50 East 69th Street Corp (50 East), is an affiliate...

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