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RADIATION ONCOLOGY SERVS. OF CENT. N.Y., P.C. v. OUR LADY OF LOURDES MEM. HOSP., INC.

CV-22-1968.

221 A.D.3d 1324 (2023)

200 N.Y.S.3d 521

2023 NY Slip Op 06019

Radiation Oncology Services of Central New York, P.C., et al., Appellants-Respondents, v. Our Lady of Lourdes Memorial Hospital, Inc., et al., Respondents-Appellants.

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

Decided November 22, 2023.

Attorney(s) appearing for the Case

Leberman Law, Syracuse ( William J. Leberman of counsel) and Goldberg Segalla, Buffalo ( Meghan M. Brown of counsel), for appellants.

Hinman, Howard & Kattell, LLP, Binghamton ( Paul T. Sheppard of counsel), for respondents.

Aarons, Pritzker, McShan and Mackey, JJ., concur.

Cross-appeals from an order of the Supreme Court (Mark G. Masler, J.), entered September 29, 2022, in Cortland County, which, among other things, partially denied plaintiffs' motion for summary judgment.

As explained in our prior decision, plaintiff Michael J. Fallon is a radiation oncologist and the sole shareholder of plaintiff...

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