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EMMET & CO. v. CATHOLIC HEALTH

651290/2011.

37 Misc.3d 854 (2012)

951 N.Y.S.2d 846

2012 NY Slip Op 22281

EMMET & CO., INC., et al., Plaintiffs, v. CATHOLIC HEALTH EAST et al., Defendants.

Supreme Court, New York County.

September 25, 2012.

Attorney(s) appearing for the Case

Shearman & Sterling LLP ( Richard F. Schwed of counsel) for Catholic Health East, defendant. Winston & Strawn LLP ( Luke A. Connelly of counsel) for Merrill Lynch, Pierce, Fenner & Smith Inc., defendant. Kasowitz, Benson & Torres, LLP ( Aaron H. Marks , Gavin D. Schryver and Anthony Macdonald Caputo of counsel), for plaintiffs.

OPINION OF THE COURT

SHIRLEY WERNER KORNREICH, J.

Motion sequences 002 and 003 are hereby consolidated for disposition. This is an action for breach of contract, breach of the implied covenant of good faith and fair dealing, and tortious interference with contract. Defendants Catholic Health East (CHE) and Merrill Lynch, Pierce, Fenner & Smith Inc. each move separately to dismiss the complaint. Plaintiffs...

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