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SCHMIDT-SAROSI v. OFFICES FOR FERTILITY & REPRODUCTIVE MEDICINE, P.C.

Index No. 657613/19. Appeal No. 13921. Case No. 2021-00166.

195 A.D.3d 479 (2021)

150 N.Y.S.3d 75

2021 NY Slip Op 03564

Cecilia Schmidt-Sarosi, M.D., Appellant, v. Offices for Fertility and Reproductive Medicine, P.C., et al., Respondents.

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

Decided June 8, 2021.

Attorney(s) appearing for the Case

Freeborn & Peters LLP, New York ( Kathryn T. Lundy of counsel), for appellant.

Akerman LLP, New York ( Paul J. Rutigliano and Richard B. Brosnick of counsel), for respondents.

Concur— Kapnick, J.P., Mazzarelli, Moulton, Mendez, JJ.

In 2017, plaintiff, a reproductive endocrinology and infertility physician, entered into an employment agreement with defendant Offices for Fertility and Reproductive Medicine P.C. (OFRM), of which defendant Dr. Radjabi later became the Chief Executive Officer. In 2019, plaintiff commenced this action, asserting causes of action, as relevant to this appeal, against both defendants OFRM and Dr. Radjabi for violation of Labor Law § 193 for making unlawful deductions from...

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