ENGLISH RD. PEDIATRICS & ADOLESCENT MEDICINE, LLC v. GELLIN

780 CA 20-01631.

198 A.D.3d 1329 (2021)

152 N.Y.S.3d 393

2021 NY Slip Op 05231

English Road Pediatrics & Adolescent Medicine, LLC, Appellant, v. Caren Elizabeth Gellin, M.D., Respondent.

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

Decided October 1, 2021.


Attorney(s) appearing for the Case

HODGSON RUSS LLP, BUFFALO ( RYAN K. CUMMINGS OF COUNSEL), FOR PLAINTIFF-APPELLANT.

HURWITZ & FINE, P.C., BUFFALO ( AMBER E. STORR OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Peradotto, J.P., Carni, Lindley, Winslow and Bannister, JJ.


It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by granting judgment in favor of defendant as follows:

It is adjudged and declared that defendant is the sole and exclusive owner of the cash consideration paid to her as a result of the demutualization and conversion of Medical Liability Mutual Insurance Company, and as modified the order and judgment is affirmed without costs.

Memorandum: Plaintiff commenced...

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