Order unanimously reversed on the law without costs, motion granted and matter remitted to Supreme Court for trial on damages only in accordance with the following Memorandum: Plaintiff Diagnostic Mobile Imaging, Inc. (DMI) and defendant Salamanca District Hospital (the Hospital) entered into a written agreement under which DMI was to provide computerized axial tomography services (CT scanning services) to the Hospital for its patients, for which the Hospital was to compensate...
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