Pharmhealth Infusion, Inc. v. Rohm Services Corp.

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendants’ motion to dismiss the fourth and fifth causes of action of the complaint. “[G]iven their most favorable intendment” (Arrington v New York Times Co., 55 NY2d 433 , 442, rearg denied and dismissed 57 NY2d 669 , 674, cert denied 459 US 1146 ), the allegations contained therein, supplemented by plaintiffs additional submissions (see, Rovello v Orofino Realty Co., 40 NY2d 633 ), establish a prima facie case of breach of contract. Additionally, the court properly denied plaintiffs cross motion for partial summary judgment as premature because issue was not yet joined (see, CPLR 3212 [a]). (Appeals from Order of Supreme Court, Monroe County, Stander, J.— Summary Judgment.) Present — Lawton, J. P., Hayes, Callahan and Balio, JJ.