BIRNBAUM v. ROHM SERVICES CORP. INC.


45 A.D.3d 1367 (2007)

844 N.Y.S.2d 921

JAY BIRNBAUM, on Behalf of ELM MANOR NURSING HOME, INC. and WEDGEWOOD NURSING HOME, INC., and as Partner in EMG ASSOCIATES, Appellant, v. ROHM SERVICES CORP. INC., et al., Respondents.

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

Decided November 9, 2007.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court, pursuant to which the court granted defendants' motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for partial summary judgment. We add only that, contrary to the contention of plaintiff on appeal, the court properly denied that part...

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