MDS Health Group, Inc. v. Carmichael , 636 N.Y.S.2d 692 ( 1995 )

—Order unanimously affirmed without costs for reasons stated in decisions at Supreme Court, Rath, Jr., J. (Appeal from Order of Supreme Court, Erie County, Rath, Jr., J. — Summary Judgment.) Present — Green, J. P., Pine, Wesley, Balio and Boehm, JJ.