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NEUROLOGICAL SURGERY, P.C. v. GROUP HEALTH INC.

2020-00658, Index No. 612078/17.

2024 NY Slip Op 00634

NEUROLOGICAL SURGERY, P.C., Respondent, v. GROUP HEALTH INCORPORATED, Appellant.

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

Decided February 7, 2024.

Attorney(s) appearing for the Case

Morrison Cohen LLP, New York, NY ( Howard S. Wolfson , Alvin C. Lin , and Terence K. McLaughlin of counsel), for appellant.

Harris Beach PLLC, Uniondale, NY ( Roy W. Breitenbach of counsel), for respondent.

Before: Valerie Brathwaite Nelson, J.P., Lara J. Genovesi, Lillian Wan, Janice A. Taylor, JJ.

DECISION & ORDER

In an action, inter alia, to recover damages for breach of contract and conversion, the defendant appeals from an order of the Supreme Court, Nassau County (Roy S. Mahon, J.), entered January 2, 2020. The order, insofar as appealed from, denied the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint.

ORDERED that the order is modified, on the law, by deleting the provisions thereof denying those branches of the defendant...

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