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Pharmhealth Infusion v. Rohm Services Corp.

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 29, 1998
249 A.D.2d 950 (N.Y. App. Div. 1998)

Opinion

April 29, 1998

Appeals from Order of Supreme Court, Monroe County, Stander, J. — Summary Judgment.

Present — Lawton, J.P., Hayes, Callahan and Balio, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendants' motion to dismiss the fourth and fifth causes of action of the complaint. "[G]iven their most favorable intendment" (Arrington v. New York Times Co., 55 N.Y.2d 433, 442, rearg denied and dismissed 57 N.Y.2d 669, 674, cert denied 459 U.S. 1146), the allegations contained therein, supplemented by plaintiff's additional submissions (see, Rovello v. Orofino Realty Co., 40 N.Y.2d 633), establish a prima facie case of breach of contract. Additionally, the court properly denied plaintiff's cross motion for partial summary judgment as premature because issue was not yet joined (see, CPLR 3212 [a]).


Summaries of

Pharmhealth Infusion v. Rohm Services Corp.

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 29, 1998
249 A.D.2d 950 (N.Y. App. Div. 1998)
Case details for

Pharmhealth Infusion v. Rohm Services Corp.

Case Details

Full title:PHARMHEALTH INFUSION, INC., Respondent-Appellant, v. ROHM SERVICES CORP…

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

Date published: Apr 29, 1998

Citations

249 A.D.2d 950 (N.Y. App. Div. 1998)
671 N.Y.S.2d 364