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MAPLE MED., LLP v. SCOTT

2019-09157. Index No. 51103/19.

191 A.D.3d 81 (2020)

2020 NY Slip Op 07366

MAPLE MEDICAL, LLP, Respondent, v. JOSEPH SCOTT, M.D., Appellant, et al., Defendant.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

Nolan Heller Kauffman, LLP, Albany ( Justin A. Heller and Brendan J. Carosi of counsel), for appellant.

Finger & Finger, White Plains ( Carl L. Finger of counsel), for respondent.

DILLON, DUFFY and CONNOLLY, JJ., concur.

OPINION OF THE COURT

In 2018, the defendant Medical Liability Mutual Insurance Company (hereinafter MLMIC) was converted from a mutual insurance company to a stock insurance company. The question presented on this appeal is whether the cash consideration paid as part of the conversion belongs to a physician who was a policyholder...

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