District Court, N.D. New York December 12, 2001, 5:01-cv-01277 (Americorp Financial, Inc. v. St. Joseph's Hospital Health Center)

MEMORANDUM — DECISION AND ORDER

MUNSON, Senior District Judge.

FACTS

On October 15, 1998, defendant St. Joseph’s Hospital Health Center (“St.Joseph’s”) entered into a Fee for Service Agreement (“the Agreement”) -with Computer Motion, Inc. (“CMI”). Pursuant to the Agreement, CMI provided St. Joseph’s with endoscopic surgical equipment and St.