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WFR ASSOC. v. MEMORIAL HOSP.

3 Misc.3d 766 (2004)

775 N.Y.S.2d 814

WFR ASSOCIATES et al., Plaintiffs, v. MEMORIAL HOSPITAL, ALBANY, N.Y., Also Known as ALBANY MEMORIAL HOSPITAL, et al., Defendants.

Supreme Court, Albany County.

April 18, 2004.

Attorney(s) appearing for the Case

Tobin & Grifferty, P.C., Albany (Stephen J. Grifferty of counsel), for defendant.

Ganz Wolkenbreit & Friedman LLP, Albany (Robert E. Ganz of counsel), for plaintiff.

OPINION OF THE COURT

LOUIS C. BENZA, J.

Defendant moves this court for an order pursuant to CPLR 3211 dismissing plaintiff's complaint or, alternatively, for summary judgment pursuant to CPLR 3212. Plaintiffs oppose all relief.

The underlying facts consist of the uncontested allegations contained in the complaint and documentary evidence submitted by defendants. Plaintiffs are each owners of separate interests in condominium units in a medical office...

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