Appellate Division of the Supreme Court of the State of New York February 22, 2005 (Miller v. Huntington Hospital)

In an action to recover damages for breach of contract and *549negligence, the defendants appeal from an order of the Supreme Court, Suffolk County (Werner, J.), dated November 24, 2003, which denied their motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action.