This Deep Dive Debate our hosts take their positions on a dispute within a larger civil action in the Supreme Court of the State of New York, County of Queens, involving Shawna Levy, Sholom Day Care, Inc., David N. Kushmakov, Ian Davey, and Alexios Apazidis, MD. 
Position 1: Argues that the Sholom Day Care, In,, et al. have standing for fraud and violation of General Business Law (GBL) § 349 are legally sufficient and adequately pleaded. 

Position 2:  Holds that the  Counterclaim Defendant's (Alexios Apazidis, MD) motion to dismiss the counterclaims, asserting that the Sholom Parties lack standing and have failed to plead fraud with the requisite specificity as mandated by CPLR § 3016(b). 

Both positions center on whether Dr. Apazidis's alleged conduct—knowingly performing unnecessary surgery and using templated operative reports—constitutes actionable fraud or a consumer-oriented deceptive practice under New York law.

Where do you stand on this debate?  Time to Dive In!

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