2003-05258. October 11, 2005. In an action, inter alia, for a judgment declaring that the plaintiff has a one-third ownership interest in the defendant Ambulatory Surgery Center of Brooklyn, and to recover damages for breach of fiduciary duty, the plaintiff appeals, as limited by his notice of appeal and brief, from so much of an order of the Supreme Court, Kings County (Dabiri, J.), dated March 28, 2003, as granted those branches of the defendants' motion which were to dismiss the second, fourth
No. 105. Argued May 4, 2010. Decided June 3, 2010. APPEAL, by permission of the Court of Appeals, from a judgment of the Supreme Court, Nassau County (Ira B. Warshawsky, J.), entered January 16, 2009. The Supreme Court awarded plaintiff $925,000 for attorney's fees, costs and interest, in addition to a principal amount of damages previously awarded. The appeal brings up for review a prior nonfinal order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered October
6609. October 4, 2005. Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about July 15, 2004, which, to the extent appealed from, denied the motion for summary judgment by Action No. 1 plaintiff/Action No. 2 defendant Chirra, Action No. 1 plaintiff Lenox Pharmacy, Action No. 2 defendants Lebanon Pharmacy and New Lebanon Pharmacy, and Action No. 3 defendants Talamati and Balaji Pharmacy, unanimously affirmed, with one bill of costs. Allegaert Berger Vogel LLP, New York (David
2012-06-7 CHEROKEE OWNERS CORP., Plaintiff–Appellant, v. DNA CONTRACTING, LLC, et al., Defendants, JMA Consultants, Inc., et al., Defendants–Respondents. [And a Third–Party Action]. Dunnington, Bartholow & Miller LLP, New York (Carol A. Sigmond of counsel), for appellant. McElroy, Deutsch, Mulvaney & Carpenter, LLP, New York (Brian J. Carey of counsel), for respondents. TOM Dunnington, Bartholow & Miller LLP, New York (Carol A. Sigmond of counsel), for appellant. McElroy, Deutsch, Mulvaney & Carpenter
Operating certificates are issued to established operators subject to the following limitations and conditions: (a) The medical facility shall control admission and discharge of patients or residents to assure that occupancy shall not exceed the bed capacity specified in the operating certificate, except that a hospital may temporarily exceed such capacity in an emergency. (b) An operating certificate shall be used only by the established operator for the designated site of operation, except that