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SAMSON MCA LLC v. JOSEPH A. RUSSO M.D. P.C./IV THERAPEUTICS PLLC

456 CA 23-00007.

219 A.D.3d 1126 (2023)

193 N.Y.S.3d 619

2023 NY Slip Op 04270

Samson MCA LLC, Respondent, v. Joseph A. Russo M.D. P.C./IV Therapeutics PLLC, Doing Business as Aspire Med Spa, et al., Defendants, and Marco V. Beatrice, Appellant. KHC LLC, Nonparty. (Appeal No. 1.).

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

Decided August 11, 2023.

Attorney(s) appearing for the Case

AMOS WEINBERG , GREAT NECK, FOR DEFENDANT-APPELLANT.

R3M LAW, LLP, NEW YORK CITY ( HOWARD A. MAGALIFF OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Peradotto, Curran, Montour and Ogden, JJ.

Appeal from an order of the Supreme Court, Ontario County (J. Scott Odorisi, J.), dated April 8, 2022. The order granted the motion of plaintiff for summary judgment and denied the cross-motion of defendants for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Samson MCA LLC v Joseph A. Russo M.D. P.C./IV Therapeutics PLLC ([appeal No. 2] 219 A.D.3d 1126 [4th...

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