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MATHER HOSP v. DELLA MARCO

102 Misc.2d 250 (1979)

John T. Mather Memorial Hospital of Port Jefferson, Inc., Respondent, v. Nancy Della Marco, Appellant.

Supreme Court, Appellate Term, Second Department.

November 21, 1979.

Attorney(s) appearing for the Case

Leonard S. Clark, Elizabeth Jackson Popkin and Jeffrey Siegel for appellant. Joseph Rubin for respondent.

Concur: FARLEY, P. J., PITTONI and SLIFKIN, JJ.

MEMORANDUM.

Order of the court below (see 97 Misc.2d 953) affirmed, with $10 costs.

Defendant appeals from an order dismissing her third, fourth, and fifth affirmative defenses in this action by plaintiff, a hospital, to recover the balance due for medical services rendered. The three defenses allege plaintiff's failure to comply with its obligation under the "Hill-Burton...

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