Zuley v Elizabeth Wende Breast Care, LLC

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Zuley v Elizabeth Wende Breast Care, LLC 2015 NY Slip Op 05093 Decided on June 12, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 12, 2015
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND WHALEN, JJ. (Filed June 12, 2015.)
MOTION NO. (240/15) CA 14-01129.

[*1]MARGARITA ZULEY, M.D., PLAINTIFF-APPELLANT,

v

ELIZABETH WENDE BREAST CARE, LLC, WENDE LOGAN-YOUNG, M.D., STAMATIA DESTOUNIS, M.D., PHILIP MURPHY, M.D., POSY SEIFERT, D.O., AND PATRICIA SOMERVILLE, M.D., DEFENDANTS-RESPONDENTS.

MEMORANDUM AND ORDER

Motion for reargument of the appeal is granted to the extent that, upon reargument, the memorandum and order entered March 27, 2015 (126 AD3d 1460), is amended by

adding "December" before the year "2004" in the seventh sentence of the first paragraph of the memorandum and by deleting the period at the end of the eighth sentence of the first paragraph of the memorandum and adding the following language thereafter: ", and Logan-Young's attorney reiterated that proposal in August 2005. In November 2005, however, Logan-Young's attorney indicated that the purchase price would be $2 million, which would not be decreased by profits from the practice pending the closing."