Mobile Magnetic Imaging, Inc. v United Mem. Med. Ctr.
2007 NY Slip Op 10239 [46 AD3d 1380]
December 21, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 13, 2008


Mobile Magnetic Imaging, Inc., Respondent, v United Memorial Medical Center, Formerly Known as St. Jerome Hospital, et al., Appellants, et al., Defendant.

—[*1] Harris Beach PLLC, Pittsford (Paul R. Braunsdorf of counsel), for defendant-appellant United Memorial Medical Center, Formerly Known as St. Jerome Hospital and Genesee Memorial Hospital, Also Known as Genesee Memorial Hospital Association, Doing Business as Genesee Mercy Health Care.

Mark R. Uba, Williamsville, for defendant-appellant Genesee MRI Associates, LLC.

Mattar, D'Agostino & Gottlieb, LLP, Buffalo (Kenneth R. Kirby of counsel), for plaintiff-respondent.

Appeals from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered December 15, 2006 in an action for, inter alia, breach of contract. The order denied the motion of defendant United Memorial Medical Center, formerly known as St. Jerome Hospital and Genesee Memorial Hospital, also known as Genesee Memorial Hospital Association, doing business as Genesee Mercy Health Care, and the cross motion of defendant Genesee MRI Associates, LLC for summary judgment dismissing the amended complaint against them.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Scudder, P.J., Hurlbutt, Gorski, Centra and Pine, JJ.