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GENESEE HOSP v. ALLIED PRODS.

193 Misc.2d 225 (2001)

749 N.Y.S.2d 355

GENESEE HOSPITAL, Plaintiff, v. ALLIED OFFICE PRODUCTS, INC., et al., Defendants.

Supreme Court, Monroe County.

December 21, 2001.

Attorney(s) appearing for the Case

Boylan, Brown, Code, Fowler, Vigdor & Wilson, LLP, Rochester (John M. Wilson, II, of counsel), and Hahn Loeser & Parks, LLP, Cleveland, Ohio (Jeffrey M. Levinson and Arthur Cobb of counsel), for plaintiff.

Relin, Goldstein & Crane, LLP, Rochester (Mark K. Broyles of counsel), and Wolford & LeClair LLP, Rochester (Paul L. LeClair of counsel), for defendants.

Kronish, Lieb, Weiner & Hellman, LLP, New York City (Ronald R. Sussman of counsel), for McKesson General Medical Corp. and others.

Hodgson Russ LLP, Buffalo (Garry M. Graber of counsel), for Manufacturers & Traders Trust Company. Saperston & Day, P.C., Rochester (George G. Mackey of counsel), for Calkins Corporate Park, LLC. Davidson, Fink, Cook, Kelly & Galbraith, LLP, Rochester (Fernando Santiago of counsel), for LeChase Construction Services, LLC. Phillips, Lytle, Hitchcock, Blaine & Huber LLP, Rochester (Mark J. Moretti of counsel), for Biomet Orthopedics, Inc.

Woods, Oviatt, Gilman, LLP, Rochester (William P. Smith of counsel), for Sibley Nursing Personnel Services, Inc.

OPINION OF THE COURT

THOMAS A. STANDER, J.

The plaintiff, Genesee Hospital (Genesee), submits a motion seeking an order determining that the above-entitled action may be maintained as a limited fund class action, describing the class as the defendants, individually and on behalf of all other persons and entities similarly situated who are holders of unsecured claims against the hospital (creditors), and affirming specifically that the members of such class...

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