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L'ARCHEVEQUE v. MAIMONIDES MEDICAL CENTER

282 A.D.2d 576 (2001)

722 N.Y.S.2d 917

DEE L'ARCHEVEQUE, Respondent, v. MAIMONIDES MEDICAL CENTER, Appellant.

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

Decided April 16, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant failed to establish that the contract at issue unambiguously contradicted the plaintiff's allegations in her complaint. Accordingly, the Supreme Court properly denied the defendant's motion to dismiss the cause of action based on breach of contract (see, CPLR 3211 [a] [1], [7]; Leon v Martinez, 84 N.Y.2d 83; see also, Nevin v...

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