Convenient Medical Care, P.C. v. Medical Business Associates, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Peters, J.
Appeal from an order of the Supreme Court (Moynihan, Jr., J.), entered March 9, 2001 in Warren County, which denied defendant’s motion for summary judgment on its counterclaims.
Plaintiff, a professional medical corporation, and defendant, a provider of medical billing services, entered into a billing services contract in early 1997. By the terms of their agreement, defendant was to oversee plaintiff’s billing operations for one year commencing April 1, 1997. In consideration, defendant would receive a monthly processing fee equivalent to 6.4% of all gross charges billed to…
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