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  5. 41 N.Y.2d 1081 (1977)
 

FLUSHING HOSP. & MED. CTR. v. WOYTISEK

41 N.Y.2d 1081 (1977)

Flushing Hospital and Medical Center, Plaintiff, v. Robert E. Woytisek, Defendant and Third-Party Plaintiff-Respondent. Associated Hospital Service of New York, Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided May 5, 1977.

Attorney(s) appearing for the Case

Joseph M. Piepul, Jerrold I. Ehrlich and John L. Shurtleff for appellant.

Morris Weissberg and Robert J. Krengel for respondent.

Jacob Imberman and Steven S. Miller for Greater New York Hospital Association, amicus curiae.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the order of the Appellate Term dismissing the third-party complaint reinstated.

We agree with the Appellate Term that in this record there is no tender of admissible evidentiary proof sufficient to require a trial of any material issue of fact. In this circumstance it is for the court to interpret the relevant provisions of the ...

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