Brook Plaza Ophthalmology Associates, P. C. v. Fink, Weinberger, Fredman, Berman & Lowell, P. C.

Order, Supreme Court, New York County (Charles Ramos, J.), entered July 12, 1990, which, inter alia, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Plaintiff, a medical corporation, hired the defendants, pursuant to a written retainer agreement, to assist it in filing an application with the New York State Department of Health ("DOH”) to construct and operate a free-standing ambulatory surgical center ("ASC”). While the agreement provided that the application was to be filed on or before April 15, 1985, it also provided if plaintiff…