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MALIK v. ULTRALINE MED. TESTING, P.C.

Index. No. 651250/17. Appeal No. 12759. Case No. 2020-01620.

190 A.D.3d 425 (2021)

140 N.Y.S.3d 10

2021 NY Slip Op 00020

Abdul Q. Malik, M.D., et al., Respondents, v. Ultraline Medical Testing, P.C., et al., Defendants, and Ultraline Management, Inc., et al., Appellants.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

C. Cardillo, PC, Brooklyn ( Christopher Cardillo of counsel), for appellants.

Barclay Damon LLP, Albany ( Brad M. Gallagher of counsel), for respondents.

Concur—Renwick, J.P., Gische, Kern, Oing, Mendez, JJ.

Given plaintiffs' detailed description of the Medicaid billing fraud ring, their allegations as to the individuals' participation in that scheme were sufficient, in particular because additional facts were exclusively within defendants' knowledge (see Lanzi v Brooks, 43 N.Y.2d 778, 780 [1977]). Plaintiffs' allegations that the purpose of defendants' offer of a contract for remote medical readings was to obtain plaintiffs' billing...

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