Appellate Division of the Supreme Court of the State of New York January 28, 2003 (64th Associates, L.L.C. v. Manhattan Eye, Ear & Throat Hospital)

—Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered December 14, 2001, dismissing the complaint for failure to state a cause of action, unanimously affirmed, without costs.

Defendant hospital, a not-for-profit corporation, entered into a contract for the sale of its real estate assets to plaintiff.