Appellate Division of the Supreme Court of the State of New York November 8, 2004 (Staten Island Emergency Physicians, P.C. v. Staten Island University Hospital)

*436In an action, inter alia, to recover damages for breach of contract, the defendant appeals from so much of an order of the Supreme Court, Richmond County (Giacobbe, J.), dated January 9, 2004, as denied that branch of its motion which was to dismiss the plaintiffs first cause of action.

Ordered that the order is affirmed insofar as appealed from, with costs.