Legal Opinion

Glassman v. ProHealth Ambulatory Surgery Center, Inc.

New York Court of Appeals

Decided June 3, 2010No. 105PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The judgment appealed from and the October 2008 order of the Appellate Division brought up for review should be reversed, with costs, and the matter remitted to Supreme Court for further proceedings in accordance with this memorandum.

Even assuming that the provision of the employment contract allowing defendant to collect fees emanating from plaintiffs off-site anesthesiology services is inconsistent with 10 NYCRR 401.2 (b), which provides that “[a]n operating certificate shall be used only by the established operator for the designated site of operation,” we…

2Cases cited3 opinions

  1. Lloyd Capital Corp. v. Pat Henchar, Inc.New York Court of Appeals · 1992
  2. Charlebois v. J.M. Weller Associates, Inc.New York Court of Appeals · 1988
  3. Albany Medical College v. McShaneNew York Court of Appeals · 1985

3Cited by7 opinions

  1. Gover v. SavyonAppellate Division of the Supreme Court of the State of New York · 2013
  2. South Shore Neurologic Associates, P.C. v. Mobile Health Management Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  3. Del Carlo v. Staten Island Little League, Inc.Appellate Terms of the Supreme Court of New York · 2014
  4. Glassman v. ProHealth Ambulatory Surgery Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Glassman v. ProHealth Ambulatory Surgery Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2012

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