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White v. East Nassau Medical Group

Appellate Division of the Supreme Court of New York, Second Department
Sep 21, 1998
253 A.D.2d 812 (N.Y. App. Div. 1998)

Opinion

September 21, 1998

Appeal from the Supreme Court, Nassau County (O'Connell, J.).


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion for summary judgment is granted, the complaint is dismissed insofar as it is asserted against the defendant East Nassau Medical Group, and the action against the remaining defendant is severed.

The plaintiffs failed to submit evidence to establish that they knew of or relied on the appellant's purported public indicia of partnership when they sought treatment for the infant plaintiff. Consequently, the Supreme Court incorrectly determined that there were issues of fact with respect to whether the plaintiffs should have known that there was no longer a partnership in existence ( see, Partnership Law § 27 Partnership; Royal Bank Trust Co. v. Weintraub, Gold Alper, 68 N.Y.2d 124, 127; Scialo v. Gass, 205 A.D.2d 522; Ranieri v. Leavy, 180 A.D.2d 723; Propoco, Inc. v. Ostreicher, 119 A.D.2d 740).

O'Brien, J.P., Sullivan, Joy and Friedmann, JJ., concur.


Summaries of

White v. East Nassau Medical Group

Appellate Division of the Supreme Court of New York, Second Department
Sep 21, 1998
253 A.D.2d 812 (N.Y. App. Div. 1998)
Case details for

White v. East Nassau Medical Group

Case Details

Full title:JENNEFER WHITE, an Infant, by KELLY A. WHITE, Her Mother and Natural…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 21, 1998

Citations

253 A.D.2d 812 (N.Y. App. Div. 1998)
678 N.Y.S.2d 110

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