| Markelson v Samadi |
| 2021 NY Slip Op 00021 [190 AD3d 425] |
| January 5, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| George Markelson, Respondent, v David B. Samadi, M.D., et al., Appellants. Angelos Markatos et al., Respondents, v David B. Samadi, M.D., et al., Appellants. |
Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success (Nicholas Tam of counsel), for appellants.
The Jacob D. Fuchsberg Law Firm, LLP, New York (Joseph Lanni of counsel), for respondents.
Order, Supreme Court, New York County (Jean A. Madden, J.), entered September 30, 2019, which, insofar as appealed from as limited by the briefs, denied the motions of the Samadi Defendants and defendants Lenox Hill Hospital and Northwell Health, Inc. to dismiss plaintiffs Angelos and Linda Markatos's request for punitive damages and General Business Law § 349 claim, unanimously modified, on the law, to grant defendants' motions as to plaintiffs' General Business Law § 349 claim, and otherwise affirmed, without costs.
The facts in this case do not materially differ from the facts at issue in the recent related case of Nadler v Samadi (188 AD3d 537 [1st Dept 2020]). The requests for punitive damages were properly sustained, and the General Business Law § 349 claims rejected, for the reasons stated therein. Concur—Webber, J.P., Singh, Kennedy, Shulman, JJ.