Sterling v. Ackerman

—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered July 11, 1996, which, in an action to recover fees paid by plaintiff patient to defendant doctor in excess of amounts allowed by Federal and State Medicare limiting charge statutes, denied defendant’s motion to dismiss the complaint, and directed disclosure in order to determine whether the action should proceed as a class action, unanimously affirmed, without costs.

Defendant’s argument that plaintiff has not exhausted her administrative remedies is unsupported by identification of any administrative remedies to exhaust.…