Montefiore Medical Center v. Touchstone Health Partnership, Inc.

Appellate Division of the Supreme Court of New York

Montefiore Medical Center v. Touchstone Health Partnership, Inc.

105 A.D.3d 589, 962 N.Y.S.2d 904

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 18, 2013

StatusPublished

This text of 105 A.D.3d 589 (Montefiore Medical Center v. Touchstone Health Partnership, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Montefiore Medical Center v. Touchstone Health Partnership, Inc., 105 A.D.3d 589, 962 N.Y.S.2d 904 (N.Y. Ct. App. 2013).

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Opinion

Order, Supreme Court, Bronx County (Alexander W Hunter, Jr., J.), entered on or about August 2, 2012, which denied defendant’s motion to dismiss the second cause of action, unanimously affirmed, without costs.

On this motion to dismiss, the complaint is to be “afforded a liberal construction” and “the facts as alleged in the complaint [are accepted] as true” (Leon v Martinez, 84 NY2d 83, 87 [1994]). The written agreement, which undisputedly awaited a more complete one, was performed for several years and did not utterly refute the allegations of the complaint (see e.g. Four Seasons Hotels v Vinnik, 127 AD2d 310, 317 [1st Dept 1987]).

Concur—Andrias, J.E, Acosta, Freedman, Richter and Gische, JJ.

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Order, Supreme Court, Bronx County (Alexander W Hunter, Jr., J.), entered on or about August 2, 2012, which denied defendant’s motion to dismiss the second cause of action, unanimously affirmed, without costs.

On this motion to dismiss, the complaint is to be “afforded a liberal construction” and “the facts as alleged in the complaint [are accepted] as true” (Leon v Martinez, 84 NY2d 83, 87 [1994]). The written agreement, which undisputedly awaited a more complete one, was performed for several years and did not utterly refute the allegations of the complaint (see e.g. Four Seasons Hotels v Vinnik, 127 AD2d 310, 317 [1st Dept 1987]).

Concur—Andrias, J.E, Acosta, Freedman, Richter and Gische, JJ.

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Bluebook (online)

105 A.D.3d 589, 962 N.Y.S.2d 904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montefiore-medical-center-v-touchstone-health-partnership-inc-nyappdiv-2013.

Opinion

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