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Pharmhealth Infusion, Inc. v. Rohm Services Corp.
Citations: 249 A.D.2d 950; 671 N.Y.S.2d 364; 1998 N.Y. App. Div. LEXIS 5056Docket: Appeal No. 1
Court: Appellate Division of the Supreme Court of the State of New York; April 29, 1998; New York; State Appellate Court
Order unanimously affirmed without costs. The Supreme Court correctly denied the defendants' motion to dismiss the fourth and fifth causes of action in the complaint. The allegations, when viewed in the most favorable light, along with additional submissions from the plaintiffs, establish a prima facie case of breach of contract, supported by case law (Arrington v New York Times Co., Rovello v Orofino Realty Co.). Furthermore, the court properly deemed the plaintiffs' cross motion for partial summary judgment as premature, as the issue was not yet joined, in accordance with CPLR 3212(a). The ruling was made by Stander, J., with Judges Lawton, Hayes, Callahan, and Balio concurring.