Emmet & Co. v. Catholic Health East

OPINION OF THE COURT

Shirley Werner Kornreich, J.

Defendant Catholic Health East (CHE) moves, pursuant to *1059CPLR 3211, to dismiss the complaint. Plaintiffs Emmet & Co., Inc. (Emmet) and First Manhattan Co. (FMC) oppose and cross-move, pursuant to CPLR 3212, for partial summary judgment on liability. The motion and cross motion are granted in part and denied in part for the reasons that follow.

I. Procedural History and Factual Background

Unless otherwise indicated, the facts recited are taken from the complaint, the documentary evidence submitted by the parties, and the parties’joint statement of…