Order, Supreme Court, New York County (Melissa A. Crane, J.), entered July 29, 2022, which denied defendant MS Health's motion for summary judgment dismissing the complaint based on plaintiff's capacity to sue, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered September 8, 2022, which granted plaintiff's motion for summary judgment on its breach of contract claim, unanimously dismissed, without costs.
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