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PARK AVE. ASSOC. IN RADIOLOGY, P.C. v. NICHOLSON

532181.

200 A.D.3d 1436 (2021)

160 N.Y.S.3d 426

2021 NY Slip Op 07331

Park Avenue Associates in Radiology, P.C., Appellant, v. Peter Joseph Nicholson, Respondent, et al., Defendants.

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

Hinman, Howard & Kattell, LLP, Binghamton ( Jeffrey A. Jaketic of counsel), for appellant.

Nolan Heller Kaufman LLP, Albany ( Justin A. Heller of counsel), for respondent.

Lynch, Pritzker and Colangelo, JJ., concur.

Defendant Peter Joseph Nicholson (hereinafter defendant), a physician, was employed by plaintiff from September 2012 through September 2017. One of the terms of their employment agreement required plaintiff to pay for defendant's malpractice insurance. Plaintiff satisfied that term by obtaining, from defendant Medical Liability Mutual...

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