LONG IS. MED. & GASTROENTEROLOGY ASSOC., P.C. v. MOCHA REALTY ASSOC., LLC

2019-08218. Index Nos. 604173/14, 604894/14, 600098/17.

191 A.D.3d 857 (2021)

143 N.Y.S.3d 56

2021 NY Slip Op 01036

Long Island Medical & Gastroenterology Associates, P.C., et al., Respondents, v. Mocha Realty Associates, LLC, et al., Appellants. (Action No. 1.) Long Island Medical Anesthesiology, P.C., et al., Appellants, v. Long Island Medical & Gastroenterology Associates, P.C., et al., Respondents. (Action No. 2.) Long Island Medical Anesthesiology, P.C., et al., Appellants, v. Long Island Medical & Gastroenterology Associates, P.C., et al., Respondents. (Action No. 3.)

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

Decided February 17, 2021.


Attorney(s) appearing for the Case

Law Offices of Paul D. Stone, P.C., Tarrytown, NY, for appellants.

Rosenberg Fortuna & Laitman, LLP, Garden City, NY ( David I. Rosenberg and Brett D. Zinner of counsel), for respondents.

Dillon, J.P., Hinds-Radix, Miller and Christopher, JJ., concur.


Ordered that the judgment is affirmed insofar as appealed from, with costs.

In 1991, Richard Gabay, an anesthesiologist, began providing services for Long Island Medical & Gastroenterology Associates, P.C. (hereinafter LIMGA), a medical practice owned by Jay G. Merker, Stewart A. Robbins, and Nathan D. Schulman (hereinafter collectively the LIMGA doctors). In 1999, Gabay and the LIMGA doctors formed Mocha Realty Associates...

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