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PHARMHEALTH INFUSION, INC. v. ROHM SERVS. CORP.

249 A.D.2d 950 (1998)

671 N.Y.S.2d 364

Pharmhealth Infusion, Inc., Respondent-Appellant, v. Rohm Services Corp. et al., Appellants-Respondents, et al., Defendant. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 29, 1998

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied defendants' motion to dismiss the fourth and fifth causes of action of the complaint. "[G]iven their most favorable intendment" (Arrington v New York Times Co., 55 N.Y.2d 433, 442, rearg denied and dismissed 57 N.Y.2d 669, 674, cert denied 459 U.S. 1146), the allegations contained therein...

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