Legal Opinion · Concurring in part, dissenting in part

Empire Magnetic Imaging, Inc. v. Comprehensive Care of New York, P. C.

Appellate Division of the Supreme Court of the State of New York

Decided April 10, 2000Published

1Concurring in part, dissenting in partKrausman, J.

to dismiss the appeal from so much of the order as granted that branch of the plaintiff’s motion which was for summary judgment on its cause of action to recover on an account stated for magnetic resonance imaging tests it performed and denied that branch of the cross motion which was to dismiss that cause of action, affirm the order insofar as reviewed, and affirm the judgment, with the following memorandum: I believe that the Supreme Court properly permitted the plaintiff to recover fees for performing magnetic resonance imaging (hereinafter MRI) tests, and would affirm the judgment in…

2Cases cited14 opinions

  1. John E. Rosasco Creameries, Inc. v. CohenNew York Court of Appeals · 1937
  2. Barker v. KallashNew York Court of Appeals · 1984
  3. Stone v. FreemanNew York Court of Appeals · 1948
  4. Charlebois v. J.M. Weller Associates, Inc.New York Court of Appeals · 1988
  5. United Calendar Manufacturing Corp. v. HuangAppellate Division of the Supreme Court of the State of New York · 1983

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