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BIOTEK SERVICES, LLC v. SOUTH ISLAND MEDICAL ASSOCIATES, P.C.

2021-02515. Index No. 703602/19.

216 A.D.3d 1079 (2023)

187 N.Y.S.3d 805

2023 NY Slip Op 02775

Biotek Services, LLC, Appellant, v. South Island Medical Associates, P.C., Respondent.

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

Decided May 24, 2023.

Attorney(s) appearing for the Case

Hegge & Confusione, LLC, New York, NY ( Michael Confusione of counsel), for appellant.

Brathwaite Nelson, J.P., Rivera, Ford and Taylor, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Allan B. Weiss, J.), entered March 24, 2021. The order, insofar as appealed from, granted the defendant's motion pursuant to CPLR 5015(a) to vacate (1) an order of the same court dated September 21, 2020, inter alia, granting that branch of the plaintiff's unopposed motion which was for summary judgment on the first through fourth causes...

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